HomeMy WebLinkAboutSpecial Exception - 323 S. Main St.RESOLUTION
NO. 2339 -96
Passed by the Common Council of the City of South Bend, Indiana,
February 26, Iq 96,
Presented by me to the Mayor of the City of South Bend, I
February 27, IWj6
Approved and signed by me
S
Clerk
;dent of Common Council.
City Clerk
Mayor
RESOLUTION NO.
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
00 323 SOUTH MAIN STREET, 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 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
323 South Main Street, South Bend, Indiana, 46614
in order to permit
a combined use in a Property Zoned "C" Commercial.
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.
PRESENTED o�— ,2 �j -9(0
NOT APPROVED
ADOPTED ,7 -,�6 - 96
61 12
Member of the Common Coiuy ll
Filed in CkerWs ®Mice
EE�7�7Y 1995
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