HomeMy WebLinkAboutSpecial Exception - 1201 S. Michigan StreetAttest:
RESOLUTION
2922 -00
Passed by the Common Council of the City of South Bend, Indiana
September 11,
00
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
September 12, 20 00
City Clerk
President of Common Council
Approved and signed by me September 13, 2000 .
City Clerk
4M
RESOLUTION NO. 2 1 2,1-W
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
1201 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 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 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
1201 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA 46601
IN ORDER TO PERMIT:
EXCEPTION REQUEST:
1). REQUEST APPROVAL OF AN EXCEPTION UNDER THE CITY OF SOUTH BEND ZONING
ORDINANCE, DIVISION 2., EXCEPTIONS TO DISTRICT REGULATIONS, SECTION 21-
117.05 "EXCEPTION IN "C" COMMERCIAL DISTRICTS, (a) A RESIDENTIAL DWELLING
UNIT (I.E. AN APARTMENT) ON THE SECOND FLOOR OF AN EXISTING COMMERCIAL
STRUCTURE ".
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.
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