HomeMy WebLinkAboutSpecial Exception - 420 & 422 William StreetAttest:
RESOLUTION
2094 -94
Passed by the Common Council of the City of South Bend. Indiana
Attest
February 14, 19 94
41-� �/— City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
February 15, 94
19
of Common Council.
City Clerk
2/4 19 9 S�
Mayor
J_..,
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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
420 and 422 N. WILLIAM STREET, SOUTH BEND, IN 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:
420 and 422 N. William Street
South Bend, IN 46601
in order to permit a special exception to allow off -site parking
in "A" Residential and a variance from the required 6' screening
requirement on all property lines to 0' and a variance from the
required 25' front setback to 01, to construct a paved parking
lot.
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
NOT APPROVED
ADOPTED o9- / t/- 9 y
Filed in Clerk's C:ffllce
JAN 4 110M
CITY CLEA \, $0. BEND, IN.
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
COUNTY -CITY BUILDING
227 W. Jefferson Boulevard
South Bend, Indiana 46601
(219) 284 -9554
January 21, 1994
The Honorable City Council
Trigon Building
South Bend, Indiana 46601
RE: BZA 1/20/94
The petition of Temple Beth -E1 seeking a Special Exception to
allow parking in "A" Residential and also a variance from the
required 6' screening requirement to 0', and also from the
required 25' front setback to 0', on property located at 420
and 422 N. William Street. This property is zoned "A" Resi-
dential in the "B" Height and Area. This was tabled from the
December BZA Meeting.
Gentlemen:
The above referenced petition of Temple Beth -El was legally
advertised on December 31, 1993. The Board of Zoning Appeals gave
it a public hearing on January 20, 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 a Special Exception
for parking by Temple Beth -E1 is sent to the City of South
Bend Common Council with a Favorable Recommendation.
The Board determined that the petitioner has met the Standards as
set forth in I.C. 36 -7 -4- 918.5; therefore, the petition for
variances were granted subject to a 7' front setback and also a
contiuous visual screen by shrubbery with a minimum height of 24"
being provided, with a plan being submitted to the Building
Commissioner for approval, and also approval of the Special
Exception.
The deliberations of the Board of Zoning Appeals of the City of
South Bend 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