HomeMy WebLinkAboutSpecial Exception - 615 N. Michigan St. South Bend, INAttest:
RESOLUTION
2934 -00
Passed by the Common Council of the City of South Bend, Indiana
October 9,
20 00 .
Presented by me to the Mayor of the City of South Bend, Indiana
October 10, 20 00.
City Clerk
President of Common Council
Approved and signed by me October 11, 20 00 .
City Clerk
0
SUBSTITUTE BILL NO.
RESOLUTION NO. 2934-00
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
615 North Michigan Street, South Bend, Indiana 46601
WHEREAS, Indiana Code Section 36 -7 -4- 918.6, required 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 sixty (60) 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
615 North Michigan Street, South Bend, Indiana 46601
in order to permit
the construction and operation of an airport consisting of a helipad on the 6th floor of the
Parking Garage located at the Northeast corner of Lafayette Boulevard and Navarre Street.
Section II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the Petition for Special Exception, filed with the Board of Zoning
Appeals of the City of South Bend, Indiana, a copy of which is on file in the Office of the City Clerk
of the City of South Bend.
Section III. The Common Council of the City of South Bend, Indiana hereby finds that:
The approval will not be injurious to and will not adversely affect the public health,
safety, morals, and general welfare of the community;
2. The use and value of the neighborhood and the area adjacent to the property included
in the Special Exception will not be affected in a substantially adverse or detrimental manner;
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 following conditions:
(a) The helipad may be used only for the transportation of
severely ill patients and required support staff.
(b) The use of the helipad is subject to all applicable field
operation guidelines established by the South Bend
Emergency Medical Services Committee.
(c) The helipad may be used only in accordance with applicable
EMS Rules and Regulations established by Indiana law.
(d) Use of the helipad is subject to all applicable FAA Rules and
Regulations.
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.
SBDS02 BRB 205857v4
PRESENTED lrj- 2-3 -00 D.S AVnW'�CA
NOT APPROVED
ADOPTED ''( 0-L3 -00 CIS 6CMWJJ
Member of the Common Co cil
Filed
i 19 2005 10-c- 5 �: