HomeMy WebLinkAboutSpecial Exception - 17924 State Road 23Attest
RESOLUTION
NO. 2411 -96
Passed by the Common Council of the City of South Bend, Indiana
October 14,
Attest:. /1 __ 2�" _ Pres
Presented by me to the Mayor of the City of South Bend,lndi
October 15, 9 96
Clerk
of Common Council.
City Clerk
Approved and signed by me V ,C1 19 9'6-.
Mayor
RESOLUTION NO. a ll- 96
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 17924 STATE
ROAD 23, SOUTH BEND, INDIANA 46635
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 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 17924 State Road
23, South Bend, Indiana 46635 in order to permit a parking lot
facility to serve adjacent property on this residential zoned
property.
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 a 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.
/0- /// -96
NOT APPROVED
ADOPTED
Filed in Clerk's Office
E E 1996 AUG LORETTA J. DUDA
CRY CLERK, BO. BEND, IN.