HomeMy WebLinkAboutSpecial Exception - 1121 Saint Peter St.Attest:
RESOLUTION
3364 -04
Passed by the Common Council of the City of South Bend, Indiana
August 9,
1y,
r�
Presented by me to the Mayor of the City of South Bend, Indiana
August 10, 20 04
Approved and signed by me
August 12,
City Clerk
President of Common Council
20 04 .
City Clerk
Mayor
RESOLUTION NO. 3 311°4--
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
1121 SAINT PETER STREET, 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 at:
1121 Saint Peter Street, South Bend, Indiana 46617
in order to permit
A special exception for an accessory dwelling for an SF2 property as provided
for in section 21- 02.02(a)(2)(F) of the City of South Bend Zoning Ordinance.
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,
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 approval by the Mayor.
PRESENTED
NOT APPROVED
ADOPTED g- \-01
Member of the Common C uncil
Filed In Clerk's Office
in 13 ;fit
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -79 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 1121 SAINT
PETER 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.
Sean Coleman
Chairman