HomeMy WebLinkAboutSpecial Exception - 2017 Lincolnway West, South Bend, INRESOLUTION
NO. 2012 -93
Passed by the Common Council of the City of South Bend, Indiana
February 22, 19 93
Attest:__!I �',I'!'�. -') City Clerk
Attest: J V l President of Common Council.
Presented by me to the Mayor of the City of South Bend,
February 23,
93
19
Approved and signed by me_ C/'____
Clerk
Mayor
RESOLUTION NO. 020107- "
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 2017
LINCOLNWAY WEST, 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 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
recommended favorable that it grant an exception,
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:
2017 Lincolnway West, South Bend, IN 46628,
in order to permit:
special exception to Douglas S. Taelman for combined use
to allow Residential use of second floor apartment, the
first floor to be a hair styling salon which the
applicant will operate.
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 purposes of identification as Exhibit A.
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;
1
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 attached hereto and
incorporated herein and marked for purposes of
identification as Exhibit B.
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.
Member of/the Common Council
z
PRESENTED '-;z �q - 93
NOT APPROVED
Filed in Clerk's Office
FEB 5
ADOPTED �7- aa- V CITYa HR, SU. BtND, IN. 1