HomeMy WebLinkAboutSpecial Exception - 4206 W. Western AveAttest:
RESOLUTION
3438 -05
Passed by the Common Council of the City of South Bend, Indiana
April 11, 05
20_.
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 12, 20 05
Approved and signed by me Apr i 1 13, 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 AT
4206 W WESTERN AVENUE
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 it's 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 it's 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 Indian Code Section 5- 14- 1.5 -5,
requesting that a special exception be granted for the property located at 4206 W.
Western Avenue in order to permit a drive thru window within the LB Local Business
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
find 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
adopted by the Common Council and approved by the Mayor.
Member of the Common Council
PRESENTED
NOT APPRO.YEQ
ADOPTED
Filed In Clerk's Office
i FEB 2 3 2005
JOHN VOORDE
crry CLERK, S0. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -25 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 4206 W. WESTERN AVENUE
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