HomeMy WebLinkAboutSpecial Exception - 3733 Locust Road South Bend, INRESOLUTION
NO. 2502 -97
Passed by the Common Council of the City of South Bend,
August 25, 97
19
Clerk
Attest: U ea4 President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
August 26, 97
19
Approved and signed by me August 27, --I9 97
City Clerk
Mayor
RESOLUTION NO.JEO— / Z
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
3733 LOCUST ROAD; 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 -4- 918.4; and
Whereas, the South Bend Board of Zoning Appeals has made a recommendation,
pursuant to the 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 to the property located at
3733 Locust Road; South Bend, Indiana 46614
in order to permit the construction of a radio tower in "A " 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 Ill. 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 approved by the Mayor.
;'16, /
Member of
PRESENTED g- 2 ) -� 7
NOT APPROVED
ADOPTED ; ,J)S ,9 7
Filed In Clerk's Office
JUN 2 5 1997
LORETTA J. DUDA
CITYCLERK, So. SEND, IN,