HomeMy WebLinkAboutSpecial Exception - 420 S. William St.Attest:
RESOLUTION
3456 -05
Passed by the Common Council of the City of South Bend, Indiana
May 9,
05
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
May 10,
Approved and signed by me
05
May 10,
City Clerk
President of Common Council
05
20—.
City Clerk
0
RESOLUTION NO.
-� � S� -os
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
420 S. WILLIAM ST.
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
420 S. William St.
in order to permit
A Special Exception to allow single family residence in a "Mixed Use" zoning.
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 it's adoption by
the Common Council and approval by the Mayor.
PRESENTED ! � -OS
NOT APPROVED
ADOPTED S_q, oS'
Member of the Common Cou cil
Filed In Clerk's Office
MAR 3 0 2005
JOHN VOORDE
_ _ CITY 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 -51 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 420 S. WILLIAM ST.
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with no recommendation due to a lack of a
quorum.
Roland Kelly
Chairman