HomeMy WebLinkAboutSpecial Exception - 54755 Oak Rd. South Bend, IN 46628Attest:
RESOLUTION
NO. 2697 -98
Passed by the Common Council of the City of South Bend, Indiana
December 14, 19 98.
Clerk
Attest: — President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
December 15. 19_,q�L.
City Clerk
Approved and signed by me December 16. _ 1998 _
Mayor
RESOLUTION NO. 2697 -98
A RESOLUTION OF THE COMMON COUNCIL OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF HERRMAN &
GOETZ, INC., HERETOFORE FILED WITH THE SOUTH BEND BOARD OF
ZONING APPEALS FOR THE PROPERTY LOCATED AT 54755 OAK ROAD, SOUTH
BEND, INDIANA 46628.
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 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 of Herrman & Goetz, Inc., (heretofore
filed with the Board of Zoning Appeals) pursuant to Indiana Code
Section 5- 14- 1.5 -5, requesting that a special use be granted for
the property located at 54755 Oak Road, South Bend, Indiana 46628
in order to permit the location and use of a portion of said
property for the following industrial uses: gravel, rock, stone
and /or sand extraction; crushing, washing or sorting.
Section II. Following a presentation by the Petitioner, and
after proper public hearing, the Common Council hereby approves
the Petition of Herrman & Goetz, Inc., heretofore filed with 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 use will not be affected in a
substantially adverse manner;
3. The need for the special use 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 use 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 of the South Bend Common Council
and the Commitment Regarding Use and Development of Real Estate,
both of 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.
Member of the Common Council
Adopted, as amended, December 14, 1998