HomeMy WebLinkAboutSpecial Exception - 1341 DunhamRESOLUTION
NO. 1945 -92
Passed by the Common Council of the City of South Bend, Indiana
Attest:
May 11, 19 92
��y� ,/ S ti� ✓ City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana
May 12, 92
19
of Common Council.
Clerk
Approved and signed by me _ / =I� 19�•
S Mayor
RESOLUTION NO. �7 SLS a
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 COMBINED USE ON
COMMERCIAL PROPERTY LOCATED AT 1341 DUNHAM.
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 residential use in
upstairs. This property is zoned "C" Commercial, "D" 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, Appeal No. 3648, 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.
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.
Me er of1the Common Council
31 signed only to provide an
opportunity for public discussion
PRESENTED
and Council action on the laau _
� ��- � o�
NOT APPROVtb
ADOPTED
Filed in Clerk's Office
APR 2 8 1992
IN.