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HomeMy WebLinkAboutSpecial Exception - Lot 70 of Wooded Estates on the South side of Oak Park DriveAttest: RESOLUTION 3230 -03 Passed by the Common Council of the City of South Bend, Indiana August 25, 20 03 Presented by me to the Mayor of the City of South Bend, Indiana August 26, 20 03 City Clerk President of Common Council Approved and signed by me A„gj, g r 9A 2003_ . City Clerk 0 RESOLUTION NO. 32— 3 0— SO 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 AND BEING LOT 70 OF WOODED ESTATES ON THE SOUTH SIDE OF OAK PARK DRIVE APPROXIMATELY 165 FEET WEST OF IRONWOOD DRIVE WHEREAS, Indiana Code Section 36 -7 -4- 918.6, required 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 it 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 and being Lot 70 of Wooded Estates in order to permit the continued use of an existing parking lot on said Lot 70 which is zoned "A" Residential / "A" 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: The need for the special exception arises from the 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 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, and subject to the letter of agreement dated August 25, 2003, which is attached hereto and incorporated herein as Exhibit A. 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 of the Common Co cil PRESENTED p -2S-D2 NOT APPROVED \ �� ADOPTED g -2- SubS Sled In Clerk's Office AUG 2 6 2003 LonwA J. am C"CLEKSMEWW Ri.