HomeMy WebLinkAboutSpecial Exception - 4321 S. Michigan StreetAttest:
RESOLUTION
NO. 2123 -94
Passed by the Common Council of the City of South Bend,
May 9, 19 94 .
Ar
Clerk
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
May 10, 94
19
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Approved and signed by me 6--/( 19qLt
G
City Clerk
Mayor
RESOLUTION NO.o?1,Z?,? '
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
4321 S. MICHIGAN STREET, SOUTH BEND, IN 46614
Whereas, Indiana Code Section 36 -7 -4- 918.6, requires the Common
Council to give notice persuant 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 4321 S. Michigan
Street, South Bend, IN 46614 in order to permit a special exception
to allow for parking in a residential district and a variance from
the required 25 foot front setback to 15 foot for parking.
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 51001
NOT APPROVED
ADOPTED r/p1�11
Filed In Cie k's € ffice
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