HomeMy WebLinkAboutSpecial Exception - 1911 Ireland RoadRESOLUTION
3888-08
Passed by the Common Council of the City of South Bend, Indiana
August 11,
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 12, 20 08
Approved and signed by me August 13 , 20 0 8
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08
20
City Clerk
RESOLUTION NO. 3 ~g8-d8'
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE SOUTH BEND
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
1911 Ireland Road, South Bend, IN 46614
WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice
pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board
of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the Board of
Zoning Appeals makes its recommendation to the Council; and
WHEREAS, the Common Council is required to make a determination in writing on such
requests pursuant to Indiana Code Section 36-7-4-918.4, and
WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition from the
Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special
Exception be granted for the property located at:
1911 Ireland Road, South Bend, IN 46614
in order to permit
the construction and use of an A&T 150' Wireless Telecommunication Tower/Facility in the
City of South Bend located at 19I I Ireland Road, South Bend, IN 46614,
Parcel #23-1040-223605
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a
copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
~J .
Member of the C on Council
~~RESENTEd b' ~ `-~~
NOT. APPRO~p
Filed nl Clerk's Ofifice
SUN 2 p 2008
JOHN SO ~BEPIO, IN.
CITY C~~FIK,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
08-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH
BEND BOARD OF ZONING APPEALS FOR PROPERTY LOCATED AT
1911 IRELAND ROAD, SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill is
being recommended to the full Council with a favorable recommendation.
Oliver Davis
Chairperson, Committee of the Whole
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235-9554
Fnx: (574) 235-5541
July 18, 2008
The Honorable Common Council
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of AT&T
BZA 7/17/08
Dear Council Members:
The above referenced petition of AT&T was legally advertised on July 3, 2008. The Board of Zoning
Appeals gave it a public hearing on July 17, 2008, at which time the following action was taken:
Upon a motion by Mr. Hoffman, being seconded by Mr. Kilbase and unanimously carried,
the petition for Special Exception for AT&T fora 150' telecommunications tower facility, on
property located at 1911 Ireland Road, zoned "CB", is sent to the Common Council with a
Favorable Recommendation.
The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision
as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made
part of this report.
Sincerel
,~~
.~`
Charles C. Bulot
Building Commissioner
CCB/cah
J U L 1 b cJ u
c~T~r ct~,.., n:~. %i+_~~D, ire.
ATcCT
(Telecommunications tower)
SPECIAL EXCEPTION PURSUANT 21-09.3(D)
BOARD OF ZONING APPEALS
CITY OF SOUTH BEND, INDIANA
FINDINGS OF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT,
COMMUI~TITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
Development and use as presented will comply with all Uuilding, fire safety, traffic, and parking regulations as to
not Uein_ injurious to the public health, safety, morals, and general welfare of the community.
?. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY' VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding
properties.
.. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
-I. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH
BEND ~'ONIPREHENSII'E PL_4N BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not
deviatin<_ from it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board t17at this request for Special Exception shall be passed onto the City of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 17TH Day of JULY, 2005
1"ES NO
® RICHARD KILBASE
® CHRISTOPH HOFFMAN
ABSENT DAVID SASSANO
® MAURICE HOBAI~t
® ELONDA ~~'ILDER-HAMILTON