HomeMy WebLinkAboutSpecial Exception - 746 S. Arnold St.Attes
RESOLUTION
4393 -14
Passed by the Common Council of the City of South Bend, Indiana
October 13,
14
20 .
Presented by me to the Mayor of the City of South Bend, Indiana
October 14, 20 14
City Clerk
ident of Common Council
Approved and signed by me G Q L62�K I y 20� .
City Clerk
RESOLUTION NO. 3 U —
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
746 S. ARNOLD ST
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 Area 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
Area 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:
746 S. ARNOLD ST.
in order to permit
TO ALLOW A COMMUNICATIONS TOWER WITHIN 500' OF A RESIDENTIAL DISTRICT
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area 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 Area Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full
Common Council and approval by the Mayor
PRESENTED 0 -L 3 —1 I
NOT AMOvEri
its adoption by the
Council
Filed-in M-W-s fce
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
14 -84 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE AREA BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT 746 S. ARNOLD
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.
This bill was heard by the Zoning & Annexation Committee.
Valerie Schey
Chairperson, Committee of the Whole
PETITION FOR SPECIAL EXEMPTION AND VARIANCE
Kramer Ceilley & Assoc. Inc.,�,746 S..Arnold St;; South Bend, IN 46619
Ph. 772 -584 -0481, e -mail 4bernieQceille .com, requests a Special Exemption
use to allow a communications tower within 500' of a residential district and a
variance from the required vinyl coated fence to no fence & from the required
screening to no screening. We wish to address the Standards for Special
Exceptions and a variance as follows;
1. The proposed use will not be injurious to the public health, safety, comfort
community moral standards, convenience or general welfare as the tower
will only be used to transmit radio waves to provide wireless internet access
to area residents and businesses.
2. The proposed use will not injure or adversely affect the use of the adjacent
area or property values as the tower will be located next to general
industrial, at the rear of the building, which is already a totally chain - link
fenced area, and as far away as possible from the residential zoning.
3. The proposed use will be consistent with the character of the district in
which it is located and the land authorized therein as there are 4 other
communication towers within 1/a mile to the north, east, and south. (see
attached map for locations)
4. The proposed use is compatible with the recommendations of the City of
South Bend Comprehensive Plan. The property is zoned "GI ".
Respectfully submitted,
Bernie M Ceilley, V. Pr s' ent
Kramer Ceilley & Assoc. Inc.
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