HomeMy WebLinkAboutSpecial Exception - 2920 Sample St.RESOLUTION
3407-05
Passed by the Common Council of the City of South Bend, Indiana
January 10,
Attest:
20 05 .
Presented by me to the Mayor of the City of South Bend, Indiana
January 11, 20 05.
Approved and signed by me
January 12,
C./
City Clerk
President of Common Council
05
20—.
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
2920 Sample 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 it recommendation to the Council; and
WHEREAS, the Common Council is requires to make a determination in writing on such
requests pursuant to Indiana Code Section 36 -7 -4- 918.5; 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 2920 Sample Street, South Bend,
Indiana, and more particularly described as follows:
A part of the West Half (1/2) of the Northwest Quarter (1/4) of Section
15, Township 37 North, Range 2 East, Portage Township, City of
South Bend, St. Joseph County, Indiana, more particularly described
as follows:
Beginning at a found 5/8" rebar at the South right -of -way line of
Sample Street and the Northwest corner of the survey parcel which is
South 00 °00 "00' East, 35.00 feet and North 90 °00 "00' East, 164.93
feet (165.00 feet record) from a found monument at the Northwest
comer of said Section 15; thence North 90 °00 "00' East along said
South right-of-way line, a distance of 564.66 feet to a found 1"
pinched iron at the Northeast corner of the survey parcel; thence South
00 °03 "39' West (South record) along the East line of said survey
parcel a distance of 536.78 feet to a set 5/8" rebar with cap at the
Northerly right -of -way line of the New Jersey, Indiana and Illinois
Railroad; thence South 66 °09 "05' West (South 65 °59 "50' West
record) along said right -of -way line, a distance of 617.66 feet to a
found 5/8" rebar at the Southwest corner of the survey parcel; thence
North 00 003 "39' East a distance of 786.51 feet to the point of
beginning, containing 8.58 acres more or less.
Subject to all public highways and easements of record.
in order to permit a special exception to allow a metal recycling facility in a "GI" General
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.
that:
SECTION III. The Common Council of the City of South Bend, Indiana hereby finds
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 approved by the Mayor.
Filed in Clerk's Office
NOV 2 4 2004
S0.
Member of the Common Coun
PRESENTED
NOT APPROVED
ADOPTED 1--1`6 —a57
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -130 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 2920 SAMPLE 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