HomeMy WebLinkAboutSpecial Exception - Vacant Partial Lot Immediately South of the Taylor & Moyer Insurance Office Bldg. at 1416 Mishawaka Ave.RESOLUTION
NO. 1993 -92
Passed by the Common Council of the City of South Bend,
December 14, 19 . 92
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
December 15, 92
19
of Common Council.
City Clerk
Approved and signed by me ` /�i('�i✓1�- �e1.IJ�„ _ 19
e Mayor
RESOLUTION NO.
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 THE VACANT PARTIAL LOT
IMMEDIATELY SOUTH OF THE TAYLOR & MOYER INSURANCE OFFICE BUILDING
AT 1416 MISHAWAKA AVENUE, SOUTH BEND, INDIANA.
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 favorably that it grant an exception to allow using
the vacant lot for employee and customer parking.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
Section 1. 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 the vacant
partial lot immediately South of the Taylor & Moyer Insurance
office building at 1416 Mishawaka Avenue, South Bend, Indiana.
in order to permit parking for employees and customers.
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.
PRESENTED
NOT APPROVED
ADOPTED 1�2 — A/— 9a
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Filed in Clerk-
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