HomeMy WebLinkAboutSpecial Exception - South Bend Remedy Rehablition 402 W. WashingtonAttest:
RESOLUTION
2954 -00
Passed by the Common Council of the City of South Bend, Indiana
December 18,
00
20_
Presented by me to the Mayor of the City of South Bend, Indiana
December 19, 00
20
City Clerk
President of Common Council
Approved and signed by me December 20. 2000 .
City Clerk
L�
RESOLUTION NO. Z9 S y —00
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
South Bend Remedy Rehabilitation
402 West Washington
South Bend, IN, 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 it's intention
to consider petitions from the Board of Zoning Appeals for the approval or
disapproval; and
WHEREAS, the Common Council must take action within thirty (30) days
after the Board of Zoning Appeals makes it's recommendation to the Council; and
WHEREAS, the Common Council is required to makes 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
South Bend Remedy Rehabilitation
402 West Washington
South Bend, IN, 46601
In order to permit
A Special Exception for Combined Use ( Residential & Commercial ) in a
Commercial Zoning.
SECTION II. Following a presentation by the Petitioner, and after proper public
hearing, the Common council hereby approves the Petitioner 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:
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 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
it's adopted by the Common Council and approval by the Mayor.
PRESENTED � 2 "N 0 - 06
NOT APPROVED
ADOPTED k 2 %N 8- 0 a
Member of the Common Co ncil
Filed in Clerk's Office
OCT 2 5 2004
LORETTAJ. DUDA
CITY CLERK, 90. BEND, K