HomeMy WebLinkAboutSpecial Exception - 6302 US 31 South, South Bend, IndianaRESOLUTION
3514 -05
Passed by the Common Council of the City of South Bend, Indiana
September 12, 05
20_.
Attest:
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 20 05.
City Clerk
0
RESOLUTION NO. 3 S 1 y —�T
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
6302 U.S. 31 SOUTH, 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 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
Lots Thirty-nine (39), Forty (40), Forty -one (41) and Forty-two (42) as shown
on the recorded in Plat of Whitcomb & Keller's Southmoor, an Addition to
the City of South Bend, recorded in Plat Book 13, page 39 in the office of
recorder of St. Joseph County
Commonly known as 6302 U.S. 31 South, South Bend, IN 46614
Tax Key Nos.: 01- 1049 -1294, 01- 1049 -1291, 23- 1049 -1284 and 23- 1049 -1285.
in order to permit Automobile Uses including but not limited to Automobile Sales and Service
in the CB Community Business zoning classification.
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.
that:
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
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
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
tE1OI APPROVED
ADOPTED 05
Member of the Common Cogncil
M 's Office
2005
HDE
CITY CLEAT„ 50. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -111 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 6302 U.S. 31 SOUTH, 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.
Roland Kelly
Chairman