HomeMy WebLinkAboutSpecial Exception - 2004 E. Edison Rd.Attest:
RESOLUTION
3513 -05
Passed by the Common Council of the City of South Bend, Indiana
September 12,
Q. )" ,
05
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
September 13, 20 05
City Clerk
President of Common Council
Approved and signed by me September 16 200_.
City Clerk
RESOLUTION NO. 3 S 13- of
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
2004 E. EDISON ROAD
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 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 2004 E.
Edison Road in order to permit off -site parking.
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
5. 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- �Z-'�S
NOT APPROVED
ADOPTED
Member of the CommANn Council
Filed in clerk's Offlce
JUN 2 9 2005
JO HN VOORDE
N1 REND. IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -109 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 2004 E. EDISON ROAD
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.
Roland Kelly
Chairman