HomeMy WebLinkAboutSpecial Exception - 744 S. Main St.RESOLUTION
3479 -05
Passed by the Common Council of the City of South Bend, Indiana
June 27, 05
20_.
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
June 28, 20 05
City Clerk
President of Common Council
Approved and signed by me June 29 20 05
City Clerk
RESOLUTION NO. 3 Lf 79- 6 S-
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
744 SOUTH MAIN STREET, 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 744
South Main Street, South Bend, Indiana 46601 in order to permit
and allow food distribution and a meeting place for men within
the "LI" Light Industrial district.
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
NOT APPROVED
Member of the Common ouncil
Filed in Clerk's Office
�" 11
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -66 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 744 SOUTH
MAIN STREET. 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