HomeMy WebLinkAboutSpecial Exception - 214, 218 & 220 S. Chapin St. & 745 -749 W. Wayne St.Attest:
RESOLUTION
3221 -03
Passed by the Common Council of the City of South Bend, Indiana
August 11, 20--L3.
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 20 03
City Clerk
0
RESOLUTION NO. 32-2 1— 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
214, 218, & 220 S. CHAPIN STREET AND 745 — 749 W. WAYNE STREET
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 -74- 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
214, 218 & 220 S. Chapin Street and 745 — 749 W. Wayne Street
in order to permit mixed residential / commercial use on a property zoned "C"
commercial, "d" 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:
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
adoption by the Common Council and approval by the Mayor.
NOT APPROVED \
ADOPTED $lr�t�Q3
Z Ak
Member 4f the Common Council
Filed In Clerk's Office
JUN 2 3 2003
LORETTA J. DUDA
OrrYCLERK, 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 -70 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 214, 218, 220 S. CHAPIN STREET AND
745 - 749 W. WAYNE 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.
Karl King
Chairman