HomeMy WebLinkAboutSpecial Exception - 3826 Cleveland RoadI
Attest:
RESOLUTION
3524 -05
Passed by the Common Council of the City of South Bend, Indiana
October 10,
20 05
Presented by me to the Mayor of the City of South Bend, Indiana
October 10, 20 05
City Clerk
President of Common Council
Approved and signed by me Oct the r 1 1 . 20
City Clerk
MW
RESOLUTION NO. 3 S Zq,
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
3826 CLEVELAND ROAD, SOUTH BEND, INDIANA
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 thirty
(30) days after the Board of Zoning Appeals makes its
recommendation to the Council; and
WHEREAS, the Common Council
determination in writing on such
Code Section 36- 7- 4- 918.4; and
is required to make a
requests pursuant to Indiana
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 3826
Cleveland Road to allow for an unmanned communications tower.
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 approval will not be injurious to the public
health, safety, morals, and general welfare of
the community;
2. The use and value of the area adjacent to the
property included in the special exception will
not be affected in a substantially adverse
manner;
3. The need for the special exception arises from
specific conditions peculiar to the property
involved;
4. The strict application of the terms of the Zoning
Ordinance will constitute an unnecessary hardship
if applied to the property for which this special
exception is sought; and
S. The approval does not interfere substantially
with the Comprehensive Plan adopted by the City
of South Bend.
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. This Resolution shall be in full force and
effect from and after its adoption by the Common Council
and approval by the Mayor.
PRESENTED
NOT APPROVED
ADOPTED
nMember of the Common CoNAncil
Filed In __._..
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