HomeMy WebLinkAboutSpecial Exception - 420 E. Ireland Rd.Attest:
RESOLUTION
3439 -05
Passed by the Common Council of the City of South Bend, Indiana
April 11,
zo 05.
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 12,
Approved and signed by me
20 05
April 13, 20 05
City Clerk
Resolution no. 3 � 39- 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 E. IRELAND ROAD, SOUTH BEND, IN 46614
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 E. Ireland Road
South Bend, IN 46614
in order to permit for a dry cleaning pick -up and delivery facility as a special exception allowed in
this Office Buffer (OB) District for personal service and retail outlets under South Bend Municipal
Code Section 21- 03.01(a)(2)(C) and (G).
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:
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;
The need for the special exception arises from specific conditions peculiar to the
property involved;
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 l�oS
G�A;1_ Y• � ;-�ee
Member of the Common Council
Filed In Clerk's Office
FEB 2 3 2005
CITY 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 -26 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 E.
IRELAND ROAD. 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