HomeMy WebLinkAboutSpecial Exception - 2002 Mishawaka Ave.Attest
RESOLUTION
NO. 2364 -96
Passed by the Common Council of the City of South Bend, Indiana
June 10, 96
19
Clerk
Attest: / President of Common Council.
Presented by me to the Mayor of the City of South Bend. Indian
June 11, 96
19
City Clerk
Approved and signed by me _ _I9 / 6 .
Z.
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:
2002 MISHAWAKA AVENUE SOUTH BEND, INDIANA 46615
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:
2002 Mishawaka Avenue South Bend, Indiana 46615
in order to permit off -site parking on "A" Residential Lot 4 of the N.P.O. REPLAT, owned by Dr.
Robert L. Proudfit, O.D.
Section Il. 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 M. The Common Council of the City of South Bend, Indiana hereby finds that:
I . 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.ofthe 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 ;'0- (0-9b
NOT APPROVED
ADOPTED (0--96
Member of the Common
Filed In Clerk's Office
APR 2 4 1996
LORETTA A DUDA
cirr CLERK, Wo. WEND, K