HomeMy WebLinkAboutSpecial Exception - 3817 W. Western AveAttest:
RESOLUTION
3408 -0.5
Passed by the Common Council of the City of South Bend, Indiana
January 10,
20-25—
Presented by me to the Mayor of the City of South Bend, Indiana
January 11, 20 05
Approved and signed by me
City Clerk
President of Common Council
January 12, 05
20—
City Clerk
0
RESOLUTION NO. 3
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
3817 WEST 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 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
Lot 1011 & W '/z Vac Alley
Lasa*yark
in order to permit
a Special Exception to allow for automobile sales in "CB" Community Business, and
a variance from the required 15' setback for parking/display to 0' setback along Chicago Street
and Western Avenue
SECTION H. 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 M. The Common Council of the City of South Bend, Indiana, hereby finds
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;
4. The strict application of the terns 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 approval by the Mayor.
PB@SENTE15
NOT APPROVED
ADOPTED �—it-5—,Z�S'
C�� �L 940 , -
Member of the Common Coun il��
Filed In Clerk's Office
NOV 2 3 2004
JOHN VOORDE
_ _ CITY CLERK, SO. BEND, M.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -131 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 3817 WEST 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