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HomeMy WebLinkAboutSpecial Exception - 5117 S. Ironwood Dr.Attest: RESOLUTION NO. 2207 -95 Passed by the Common Council of the City of South Bend, Attest January 9, 19 95, Clerk Presented by me to the Mayor of the City of South Bend, Indiana January 10, Approved and signed by me of Common Council. 95 19 City Clerk Mayor RESOLUTION NO. c220 M5 /5 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 5117 S. IRONWOOD DRIVE, 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 5117 S. Ironwood Dr., South Bend, Indiana 46614 in order to permit display, exhibit, trade, sell and /or exchange of outdoor equipment and firearms for the purpose of a trade show. 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 from and after the Mayor. PRESENTED 1� 9 q S NOT APPROVED ADOPTED /--q -q,5 This Resolution shall be in full force and effect its adoption by the Common Council and approval by Filed €rs _!V_2 3 199 CffY CLE9M,'60.: N ;R-4. BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT'S NAME 4H Fairgrounds /Northern Indiana Gun and PHONE 291 -4370 outdoor Shows, Inc. ADDRESS 5117 S Ironwood Dr South Bend Indiana 46614 ADDRESS OF PROPERTY 5117 S Ironwood Dr South Bend In�dian�na 46614 rr PRESENT ZONING OF PROPERTY F4 Residential ky> Iq I / v ry- OWNER'S NAME St. Joseph County 4H Fair, Inc. PHONE 291 -4870 ADDRESS 5117 S. Ironwood Dr., South Bend, Indiana 46614 COUNSEL OR CONSULTANT A. Howard Williams PHONE 233 -9595 ADDRESS 1700 Valley American Bank Building, South Bend, Indiana 46601 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: To display, exhibit, trade, sell and /or exchange outdoor equipment and firearms,for purpose of a trade show. I attest under the penalties for perjury, that the foregoing representations are true. Signatu of Pro erty Owner(s) BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND COUNTY -CITY BUILDING 227 W. Jefferson Boulevard South Bend, Indiana 46601 (219) 284 -9554 December 16, 1994 The Honorable South Bend Common Council 4th Floor, County -City Bldg. South Bend, IN 46601 RE: Petition of St. Joseph County 4 -H Fairgrounds seeking a Special Exception for the display, exhibit, trade, sell and /or exchange of outdoor equipment and firearms for purpose of a trade show, on property located at 5117 S. Ironwood Dr. This property is zoned "A" Residential in the "A" Height and Area. Gentlemen: The above referenced petition of the St. Joseph County 4 -H Fairgrounds was legally advertised on December 3, 1994. The Board of Zoning Appeals of the City of South Bend gave it a public hearing on December 15, 1994, at which time the following action was taken: Upon a motion by Ms. Watkins, being seconded by Mr. Oldham and unanimously carried, the petition for Special Use of the St. Joseph County 4 -H Fairgrounds is sent to the South Bend Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision are shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made a part of this report. Sincerely, Donald F. Fozo Building Commissioner