HomeMy WebLinkAboutSpecial Exception - 1622 N. Johnson St. South Bend, IN 46628Attest:
RESOLUTION
3515 -05
Passed by the Common Council of the City of South Bend, Indiana
September 12, 05
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Presented by me to the Mayor of the City of South Bend, Indiana
September 13, 05
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Approved and signed by me September 16
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City Clerk
President of Common Council
2005 .
City Clerk
RESOLUTION NO. Is S 15 - DS-
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:
1622 N. JOHNSON ST
SOUTH BEND, IN 46628
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., 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
to 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.
in order to permit
1622 N. JOHNSON ST
SOUTH BEND, IN 46628
seeking a special exception for a group home in SF2
SECTION II. Following a presentation by the Petitioner, and after proper public
hearing, the Common Council hereby approves the Petition of 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 Gty of South Bend, Indiana, hereby
finds that:
I. 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 reasonale
conditions established by the 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
adopted by the Common Council and approval by the Mayor.
PRESENTED
NOT APPROVED
ADOPTED C(- \2-'05,
Member of the Common ouncil
Filed In Clerk's Office
J U L 2 7 2005
JOHN VOORDE
MY CLERK, SO. BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -112 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 1622 N. JOHNSON ST., 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