HomeMy WebLinkAboutSpecial Exception - 1716 S. Michigan St.Attest:
RESOLUTION
NO. 1994 -92
Passed by the Common Council of the City of South Bend, Indiana,
December
14,
92
Clerk
Attest:_e:�4 I", President of Common Council.
Presented by me to the Mayor of the City of South Bend,
December
15, 92
19
City Clerk
Approved and signed by me _ e
Mayor
RESOLUTION NO. /99 u -9ai
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:
1716 South Michigan Street, South Bend, Indiana 46616.
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 South Bend Board of Zoning Appeals has
recommended favorably that it grant an exception to allow
Applicants seek special exception for combined use to allow
residential use of second floor apartment. The second floor has
been as apartment before. One of the co- owners, Retha M. Kalka,
desires to resume the use of the second floor apartment for her own
personal use. The first floor is a business office for a public
adjusting firm called Midwest Public Adjusting.
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:
1716 South Michigan Street, South Bend, Indiana 46616
in order to permit
Applicants seek special exception for combined use to allow
residential use of second floor apartment. The second floor has
been an apartment before. One of the co- owners, Retha M. Kalka,
desires to resume the use of the second floor apartment for her own
personal use. The first floor is a business office for a public
adjusting firm called Midwest Public Adjusting.
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;
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.
Meme of �Cftmon u ncil
sYgned only to provide an
opportunity ro± .>..blie = i<:c��esion
and Council uoklvo oa the issue.
Filed 6.n Clerk's Office
PRESENTED /.7 - iY- 4 R DEC
NOT APPROVED 7 1, -992
ADOPTED 102 _ Av- 9 A MMON