HomeMy WebLinkAboutSpecial Exception - 2624 S. Michagan St. and 101 & 101 1/2 Irvington Ave. South Bend, IN 46614Attest
RESOLUTION
NO. 2618 -98
Passed by the Common Council of the City of South Bend, Indiana
May 11, I9 98
Clerk
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
May 12, lq 98
Approved and signed by me Mav 13 19 -28-
City Clerk
Mayor
RESOLUTION NO. 0 6
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
2624 S. MICHIGAN STREET, SOUTH BEND, INDIANA 46614
101 & 101 '/: IRVINGTON AVENUE, SOUTH BEND, INDIANA 46614
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- 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
special exceptions be granted for the properties located at
2624 S. Michigan Street, South Bend, Indiana 46614
101 & 101 '/2 Irvington Avenue, South Bend, Indiana 46614
in order to permit
a special exception to allow a combined use of a
Commercial Building for purposes of permitting two (2) multi-
family dwellings at the second floor of the building located at 2624
S. Michigan Street and also a special exception to allow off -site
parking at 101 & 101 % Irvington Avenue which is zoned
Residential.
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:
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;
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
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.
PRESENTED J' H 19
b
NOT APPROVED �y
ADOPTED 5— 1 1 - 9 b
Member of the Common Council
Filed In Clerk's Office
L {7fN{ O 4 8
LORETTA J. OUOA
WYCLENK,90. SEND, IN.