HomeMy WebLinkAboutSpecial Exception - 1924 E. Edison RoadAttest:
RESOLUTION
NO. 2161 -94
Passed by the Common Council of the City of South Bend, Indiana,
August 8, 19 94
Clerk
Attest: I' President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
August g 19--9-4--.
Approved and signed by me '?—
City Clerk
Mayor
RESOLUTION NO. eZ la Z- 9'S�
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
1924 EAST EDISON ROAD, SOUTH BEND, INDIANA, 46617
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 it 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
1924 EAST EDISON ROAD, SOUTH BEND, INDIANA, 46617
in order to permit
PARKING IN THE REAR OF 1924 EAST EDISON ROAD,
SOUTH BEND, INDIANA, 46617, FOR THE EXPANSION
OF PARKING FACILITIES FOR THE DENTAL OFFICE OF
DR. PAUL SERGIO LOCATED AT 1918 EAST EDISON ROAD,
SOUTH BEND, INDIANA, 46617.
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.
Mem f the Co Council
Sergio. Resolution
tRESeFM I I A g q
NOT APPROVED
ADOPTED 2 p� g�
Filed in Clerk's fflce
JUN 2 4 1 °9�
IR£N£ GAMMON
CRY CLERK, 80. OEM. M.