HomeMy WebLinkAboutSpecial Exception - 1902 South Bend Ave.Attest:
RESOLUTION
3220 -03
Passed by the Common Council of the City of South Bend, Indiana
August 11, 20 03
Presented by me to the Mayor of the City of South Bend, Indiana
August 12, 20 03
City Clerk
President of Common Council
Approved and signed by me August 18 2003
City Clerk
0
RESOLUTION NO. 3 210 — 03
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
1902 South Bend Avenue, South Bend, In 46637
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 make 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 make 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
1902 South Bend Avenue, South Bend, In 46637
in order to permit
A special exception to allow a Billiard Hall within 1000' of two
Other controlled uses.
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.
SECTION M. The Common Council of the City of South Bend,
Indiana hereby finds that :
PRESENTED � -lk 70j
NOT APPROVED 1
ADOPTED S -k1-O3
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
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 approval by the mayor.
Me ber Lofth Common Clouncil
Filed In Clerk's Office
JUG! 2 3 2003
LORETfA J. OWA
CITY CLERK, BO. BEND, IN.
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
03 -69 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 1902 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.
Karl King
Chairman