HomeMy WebLinkAboutSpecial Exception - 1835 lincolnway EastAttest:
RESOLUTION
NO. 2834 -00
Passed by the Common Council of the City of South Bend, Indiana
February 14,
11
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Presented by me to the Mayor of the City of South Bend, Indiana
February 16,
11
City Clerk
President of Common Council
Approved and signed by me Fehrunry 17, 20 00 .
City Clerk
ILL'-.
RESOLUTION NO. 28 3 � - 00
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE CITY OF SOUTH BEND BOARD IF ZONING APPEALS FOR
THE PROPERTY LOCATED AT 1835 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613.
Whereas, Indiana Code Section 36 -7-4 -918.6 requires the Common Coincil to give notice to pursuant to
Indiana Code Section 5- 14- 1.5 -5, ofits 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 BoardofZoning Appeals
makes its recommendation to the Council; and
Whereas, the Common Council is required to make a determination in writing on such requests persuant to
Indiana Code Section 36- 74- 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 1835 Lincoinway East, South Bend, Indiana 46613 in order to permit a
family restaurant with a lounge area.
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;
1 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 the reasonable conditions
established by the Board ofZoning 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 Z to —ob
NOT APPROVED
ADOPTED
e a9 J ate 3 oj , .
LDEC 2 9'1999 ,
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Memper of the Common C nci