HomeMy WebLinkAboutSpecial Exception - 1020/1022 S. WebsterAttest:
RESOLUTION
3311 -04
Passed by the Common Council of the City of South Bend, Indiana
March 22,
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20 04
Presented by me to the Mayor of the City of South Bend, Indiana
March 23,
Approved and signed by me March 24
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City Clerk
President of Common Council
20 04.
City Clerk
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
1020/1022 S. WEBSTER, 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 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 1020/1022 S.
Webster, Tax ID #18- 8021- 084105; in the City of South Bend, County
of St. Joseph, State of IN; Parcel Description 250 ft. N & S on
Webster x 297 ft. E & W beg. 325 ft. S of SE Cor. Sample &
Webster NW % 14 37 2E, in order to permit a special exception to
allow the placement of occupied storage containers overnight,
subject to the conditions set forth in SECTION IV, which follow,
on property zoned "E" Heavy Industrial and "F" Height and Area.
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 following conditions:
1. All containers stored overnight shall be securely
covered to prevent loss or spillage of contents.
2. All containers, with contents stored on site overnight,
shall be removed within 24 hours with exception of
weekends when removal shall occur within 48 hours.
3. No transfer of contents shall be made.
4. Petitioner shall provide a written statement from the
Indiana Department of Environmental Management (IDEM)
confirming storage as described herein is not subject
to or violative of IDEM's regulations by April 26,
2004.
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. a
Member of the Co —; -I
` C Flied In Clerk's Office
PRESENTED .3 - 2-1 -64 - 1.w�1$w�Sd� . sLS Q.Hw..Pa.R EMAR 3 2MI
NOT APPROVED V JOHN VOORDE
ADOPTED 3' L 1 �� S�� ` G S CITYCLERK, SO. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -29 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 1020/1022 S. WEBSTER, 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 as a second
substitute and amended by new language.
Sean Coleman
Chairman