HomeMy WebLinkAboutSpecial Exception - 402 South StreetRESOLUTION
NO. 2111 -94
Passed by the Common Council of the City of South Bend, Indiana
March 28, 19 94
Clerk
President of Common Council.
Presented by me to the Mayor of the City of South Bend. Indiana
Approved and signed by me
et
�5/3U t9946
City Clerk
i
Mayor
RESOLUTION NO. �2 ///- P'/
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
402 SOUTH STREET, SOUTH BEND, INDIANA 46601
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
402 South Street, South Bend, Indiana 46601
in order to permit
Habitat for Humanity of St. Joseph County is requesting a special exception to
allow for combined occupancy of residential and business. Habitat would like
to have two (2) bedroom apartments above their first floor office at 402 South
Street. These apartments would accommodate short -term housing for needing
families and to help generate income for their non - profit activities. The
surrounding neighborhood is mostly residential, and therefore, Habitat does
not believe that apartments at this address would have an adverse effect on
the community.
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.
Resolution No. o2
Page 2
Section III. The Common Council of the City of South Bend, Indiana
hereby finds ""tTi£'t:
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.
the
PRESENTED 3 .2 8- i y
NOT APPROVED
ADOPTED 3_a8 - -9�4
Filed In Clerk's Office
E2 8 1994
IRENE ammo"
CPf Y CkERY, SO. BEND. IN.
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
205 W. Jefferson Blvd.
Suite 100
South Bend, Indiana 46601
219/235 -9554
March 18, 1994
The Honorable City Council
County -City Building, 4th Floor
South Bend, Indiana 46601
RE: BZA 3/17/94
The petition of Habitat for Humanity seeking a Special
Exception for a combined use and also seeking a variance from
the required 10 parking spaces to 4 parking spaces, on
property located at 402 South Street. This property is zoned
"C" Commercial in the "E" Height and Area.
Gentlemen:
The above referenced petition of Habitat for Humanity was legally
advertised on March 3, 1994. The Board of Zoning Appeals of the
City of South Bend gave it a public hearing on March 17, 1994, at
which time the following action was taken:
Upon a motion by Mr. Pitts, being seconded by Ms. Watkins and
unanimously carried, the petition for Special Use of Habitat
for Humanity is sent to the South Bend City Council with a
Favorable Recommendation.
The Board determined that the petitioner did meet the Standards as
set forth in I.C. 36 -7 -4- 918.5; therefore, the petition for
variance was granted subject to approval of the Special Exception.
The deliberations and points considered
decision are shown in the Minutes of the
be forwarded to you at a later date, to
report.
Sincerely,
Donald F. Fozo, C.B.O.
Building Commissioner
in arriving at the above
Public Hearing, and will
be made a part of this