HomeMy WebLinkAboutSpecial Exception - 1212 S. Ironwood Dr.Attest:
RESOLUTION
3038 -01
Passed by the Common Council of the City of South Bend, Indiana
October 8,
zo01 .
Presented by me to the Mayor of the City of South Bend, Indiana
October 9, 20 01
City Clerk
President of Common Council
Approved and signed by me
October 10,
20 O1
City Clerk
m
Resolution No. 3o m 0l
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
1212 S. IRONWOOD DR., 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 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.1
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
1212 S. Ironwood Drive, South Ber4 IN 46615
in order to permit Special Exception for transitional parking in A
Residential and B Residential zoned propoerties next to C Commercial
zoned property.
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, or 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 of 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 1Oe in full force and
effect from and after it's adopted by the Common Council and approval by
the Mayor.
PRlSENTED 04-(O�
NOT APPROVED
ADOPTED y®
Member of the Common c6inni
Filed In Clerk's Office
:U6 2 9- 2001
LCBETTAJ. DUDA
CITY CLERK, 8C. BEND, IN.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
01 -80 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 1212
S. IRONWOOD DR., SOUTH BEND, IN
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.
Andrew Udj ak
Chairman