HomeMy WebLinkAboutSpecial Exception - 300 Block of North St. Louis Ave.RESOLUTION
3418 -05
Passed by the Common Council of the City of South Bend, Indiana
February 14,
Attest:
05
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
February 15, 20 05
Approved and signed by me
February 15,
City Clerk
President of Common Council
20 05
City Clerk
0
RESOLUTION NO.
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 IN THE
300 BLOCK OF NORTH ST. LOUIS AVENUE, SOUTH BEND, INDIANA 46617
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 IN THE 300 BLOCK OF NORTH ST. LOUIS AVENUE, SOUTH
BEND, INDIANA 46617 IN ORDER TO PERMIT THE CONSTRUCTION AND OPERATION OF
A HELIPORT LANDING PAD FACILITY ON PROPERTY ZONED WITH AN "0" OFFICE
DISTRICT 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.
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;
2
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
ADOPTED
MEMBER OF COMMON COUNCIL
Filed In Clerk's Office
D EC 2 0 2004
JOHN VOORDE
CRY 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 -10 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 IN THE 300 BLOCK OF
NORTH ST. LOUIS AVENUE, 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.
Karen L. White
Chairman