HomeMy WebLinkAboutSpecial Exception - 2104 Mishawaka AvenueAttest:
RESOLUTION
3059 -02
Passed by the Common Council of the City of South Bend, Indiana
January 28,
20 02
Presented by me to the Mayor of the City of South Bend, Indiana
January 30,
02
City Clerk
President of Common Council
January 30,
Approved and signed by me 20 02
City Clerk
0
RESOLUTION NO. �) 0 S `-0 Z-'
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
2104 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 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
2104 MISHAWAKA AVENUE, SOUTH BEND, INDIANA 46615
IN ORDER TO PERMIT THE CONTINUATION OF A RESIDENTIAL DWELLING UNIT
(I.E. RESIDENTIAL USE) WITHIN A "C" COMMERCIAL ZONING DISTRICT
CLASSIFICATION.
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;
2
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.
PRESENTED , \ -2- -01-
NOT APPROVED
ADOPTED.
—72ot d
MEMBER OF C MMON COUN IL
Filed In Clerk's Office
w®V 19 2009
LORETTAJ. DUDA
CITY CLERK, BO. BEND. BA.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
02 -1 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 2104 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.
Karl King
Chairman