HomeMy WebLinkAboutSpecial Exception - West End of Charles Street, North of Edison RoadAttest:
RESOLUTION
1974 -92
Passed by the Common Council of the City of South Bend,
Attest
October 12 19 92
Presented by me to the Mayor of the City of South Bend, Indiana
Clerk
dent of Common Council.
City Clerk
Approved and signed by me I (.e
Mayor
RESOLUTION NO. 1974 -92
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD
OF ZONING APPEALS ON A SPECIAL EXCEPTION FOR RECREATIONAL USE ON
COMMERCIAL PROPERTY LOCATED AT THE WEST END OF CHARLES STREET,
NORTH OF EDISON ROAD.
WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to
give notice pursuant to Indiana Code, 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 has a period of thirty (30) days after the
Board of Zoning Appeals makes its recommendation to the Council, in which
to take formal action, and
WHEREAS, if it approves a Petition, the Common Council, must make the
determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and
WHEREAS, the South Bend Board of Zoning Appeals has recommended
favorably that it grant an exception to allow for a hard surface for
parking to a gravel surface. This property is zoned "D" Light industrial,
"F" Height and Area.
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,
5- 14- 1.5 -5.
Section II. Following presentation by the Petitioner and 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 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 some 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
the special exception is sought; and
(5) The approval does not interfere substantially with the
comprehensive plan adopted by the City.
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. Approval of this special exception is
further conditioned upon the petitioner satisfying all ten modifications
set forth in Exhibit C, which is attached hereto and incorporated herein,
which is the Common Council's modification of the September 17, 1992,
letter to the Board of Zoning Appeals, from the petitioner's attorney.
Section V. This Resolution shall be in full force and effects from
and after its adoption by the Common Council and approval by the Mayor.
Member of the Common Council
PRESEt O /O -/ .2 - 9 a
NOT APPROVED nn
ADOPTED /O - AV -9a? , &iY