HomeMy WebLinkAboutSpecial Exception - 1945 E. Randolph St. South Bend, INAttest
RESOLUTION
NO. 2493 -97
Passed by the Common Council of the City of South Bend, Indiana
August 11,
19 97
Attest- / s 'rL � /c-C Pres
Presented by me to the Mayor of the City of South Bend, Indiana
August 12, 19 97
Clerk
of Common Council.
City Clerk
Approved and signed by me / �� _ 19 �.
Mayor
RESOLUTION NO. A 1 3A 7
A RESOLUTION OF THE COMMON COUNCIL 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 1945 E. RANDOLPH ST., SOUTH BEND,
INDIANA 46613.
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;
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:
1945 E. Randolph St., South Bend IN 46613
in order to permit a special exception to allow off -site parking on
Residential Lot 5 - Roseland Park, pursuant to Section 21 -112 (a)
(6).
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;
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.
Member of the Common uncil
Filed in Clerk's
Office
MAY 2 8 1997
LOROTA J. DUDA
'CLERK, S. BEND. IN.
PRESENTED -1-81-97
NOT APPROM
ADOPJA -0 -/1 -c'f 7