HomeMy WebLinkAboutSpecial Exception - 2805 Mishawaka Ave.Attest:
RESOLUTION
3117 -02
Passed by the Common Council of the City of South Bend, Indiana
September 9,
20 02 .
v
Presented by me to the Mayor of the City of South Bend, Indiana
September .10, 2002
City Clerk
President of Common Council
Approved and signed by me
September 10
20-02 .
City Clerk
M.
RESOLUTION NO. J 1 n — o
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
2805 Mishawaka Avenue
South Bend, IN 46615
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
2805 Mishawaka Avenue
South Bend, IN
46615
in order to permit A combined use of Residential and Commercial in
"C" Commercial, Zoned "C" Commercial and "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:
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 o" Z
NOT APPROVED
ADOPTED Q, Q -O2
C�7 /
Member of the Common ouncil
Filed in Clerk's Office
JUL 1 9 2002
LORMAJ. MM
C"CLE K,80.SMRV,
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
02 -62 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 2805
MISHAWAKA 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.
Karen L. White
Chairman