HomeMy WebLinkAboutRegarding the Varience Request for Non-Contiguous Parking of American Plasma System Inc RESOLUTION
NO. 1327-85
Passed by the Common Council of the City of South Bend, Indiana,
August 19 . 19 85 .
Attest: r 704- w ✓ City Clerk
Attest: �j/; � `�.. President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
August 20, 19 85 .
— R 71.7 City Clerk
Approved and signed by me attrd ao ar.
; Mayor
RESOLUTION NO. 1327-85
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, REGARDING THE
VARIANCE REQUEST FOR NON-CONTIGUOUS PARKING
OF AMERICAN PLASMA SYSTEMS, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana,
recognizes that the Board of Zoning Appeals has specific duties and powers
pursuant to State law; and
WHEREAS, the Council further recognizes that the Board is required to
make a finding and a determination in variance requests that:
(1) if granted the variance will not be injurious
to the public health, safety, morals, and
general welfare of the community;
(2 ) the use or value of the area adjacent to property included
in the variance will not be adversely affected;
(3 ) the need for the variance arises from some condition
peculiar to the property involved and does not exist
in the same zone; and
(4 ) strict application of the terms of the zoning
ordinance would constitute an unusual and unnecessary
hardship.
WHEREAS, it has been bought to the attention of the Common Council by
the residents who live in the neighborhood near 515 Lincolnway West, where
the American Plasma Systems, Inc. , is presently located, that if the
variance is granted that their neighborhood would be adversely affected
and that it would be injurious to their property.
WHEREAS, the Common Council recognizes that the American Plasma
Industry is strictly regulated by the United States Food and Drug
Administration (FDA) ; and
WHEREAS, the Council believes that the City must continually weigh and
delicately balance the needs of the neighborhood with the needs of the
business community, however the Council believes that in this particular
case the needs and concerns of the neighborhood far outweigh those of the
business and therefore the Council voices its opposition to the proposed
variance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows :
SECTION I. The Common Council recognizes that it has no authority in
variance request matters and that such responsibility lies solely with the
Board of Zoning Appeals.
SECTION II. The Council believes however that in light of the many
calls and complaints that it has received regarding the parking variance
request of American Plasma Systems, Inc. , and after hearing the concerns
of the parties involved, that the Council believes that the variance, if
granted, would be injurious to and adversely affect the residents and
neighborhood.
SECTION III. The Council requests the City Clerk to send a copy of
this Resolution to the Board of Zoning Appeals so that it can be made a
formal part of their record when hearing the variance request at their
September meeting.
SECTION IV. This Resolution shall be in full force and effect from
and after its adoption by the Council and approval by the Mayor.
'ember of the o .y?: ouncil