HomeMy WebLinkAboutSpecial Exception - 1640 South Bend AvenueAttes
RESOLUTION
3283 -04
Passed by the Common Council of the City of South Bend, Indiana
January 12,
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Presented by me to the Mayor of the City of South Bend, Indiana
January 13, 20 04
City Clerk
dent of Common Council
Approved and signed by me January 14 20 04 .
City Clerk
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RESOLUTION NO. 32 u -� -0
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 WEST OF AND
ADJACENT TO 1640 SOUTH BEND AVENUE SOUTH BEND, INDIANA 46635
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 TARE ACTION WITHIN THIRTY (30) DAYS"
AFTER THE BOARD OF ZONING APPEALS NAEES ITS RECCMENDATION 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 NADE A
RECOMMENDATION, PURSUANT TO APPLICABLE STATE LAW.
NOW, THEREFORE, BE IT RESOLVED BY THE CadMQN COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. THE CAN 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 WEST OF AND ADJACENT TO 1640 SOUTH BEND AVENUE
SOUTH BEND, INDIANA 46635:
IN ORDER TO PERMIT THE CONTINUATION OF AN EXISTING ACCESSORY
PARKING LOT LOCATED ON SAID PROPERTY ZONED WITH AN "A" RESIDENTIAL, "A"
HEIGHT 6 AREA CLASSIFICATION.
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.
2
SECTION III. THE CaMON COUNCIL OF THE CITY OF SOUTH SEND,
INDIANA HEREBY FINDS THAT.
1. THE APPROVAL WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH,
SAMTY, MRALS, 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
S. THE APPROVAL DOES NOT INTERFERE SUBSTANTIALLY WITH THE
COMPREHENSIVE PLAN ADOPTED BY THE CITY OF SOUTH BEND.
SEC'T'ION IV. APPROVAL IS SUBJECT TO THE PETITIONER COMPLYING WITH
THE REASONABLE CONDITIONS ESTABLISHED BY THE BOARD OF ZONING
APPEALS WHICH AVE 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 COMM COUNCIL AND APPROVAL BY
THE MAYOR.
PRESENTED
NOT APPROVED `{
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Filed In Clerk's Office
N 0 1 2003
LONSTTA J. DUDA
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 -02 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 WEST OF AND ADJACENT TO 1640
SOUTH BEND AVENUE, 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