HomeMy WebLinkAboutSpecial Exception - 630 E. Colfax Ave.Attest:
RESOLUTION
3137 -02
Passed by the Common Council of the City of South Bend, Indiana
December 9,
02
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
December 11 20 02.
Approved and signed by me December 12,
City Clerk
President of Common Council
20 02 .
City Clerk
RESOLUTION NO. _312-0Z
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
630 E. Colfax Ave., South Bend, Indiana, 46601
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
in order to permit
630 E. Colfax Ave., South Bend, Indiana, 46601
from "C -1" Commercial, `B" height and area
to "C" Commercial, "B" height and area for
Video Production and Single- Family Residential Use
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:
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
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
adopted by the Common Council and approval by the Mayor.
PRESENTED '�' v2 4''01
NOT APPROVE[.
ADOPTED
Member of the Common Co6ncil
Flied In Clerk's Office
oct 2 s zooz
YOLORYTTA J. OI1DIt
OITI6flIt,84BEPD C4
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
02 -85 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 630 E. COLFAX AVE., 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