HomeMy WebLinkAboutSpecial Exception - 647 Diamond & 656 DiamondRESOLUTION
NO. 2017 -93
Passed by the Common Council of the City of South Bend, Indiana,
Attest:
March 8, 93
19
A" L"',' Citv Clerk
Presented by me to the Mayor of the City of South Bend,
March 9, 93
of Common Council.
City Clerk
Approved and signed by me
Mayor
REsajrrrw No. ?- O/'7- 9 3
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647 Diamond &.656 Diamond;_South Bend, Indiana 46628
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 mast take action within thirty (30) days after
the Board of Zoning Appeals makes its recommendation to the Council; and
Whereas, the Coamon 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 recommended favorably
that it cunt an exception, pursuant to applicable state law.
NOW, THMEEORE, BE IT RESOLVED By THE Comm cl uwm 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
647 Diamond, South Bend, Indiana 46628
656 Diamond, south Bend, Indiana 46628
in order to permit
A variance fram the required 63 parking spaces to 32 parking spaces.
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 attached
hereto and incorporated herein by reference, and marked for purpose of
identification as Exhibit A.
Section III. The Common Council of the City of South Bend, Indiana
hereby finds that:
1. The approval will riot be injurious to the public health, safety,
morals, and general welfare of the community;
ity;
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
reasonable conditions established by the Board of Zoning Appeals which are
attached hereto and incorporated herein and marked for purposes of
identificaion as Exhibit B.
Section V. This Resolution shall be in full force and effect from after
its adoption by the Cmuion Council and appoval by the Mayor.
PRESENTED 3- 8 -93
NOT APPROVED
ADOPTED 3_ g- 99
Filed in Clerk's Office
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