HomeMy WebLinkAboutApproving a Petition of the Area Board of Zoning Appeals for 3939 S. Michigan St.Attes
RESOLUTION
No. 4526 -16
Passed by the Common Council of the City of South Bend, Indiana
February 8, 20 16
Presented by me to the Mayor of the City of South Bend, Indiana
February 8, 20 16
City Clerk
dent of Common Council
City Clerk
Approved and signed by me D/� U d 20 .
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RESOLUTION NO. '45 2- Le '� Q
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
3939 SOUTH MICHIGAN STREET, 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 sixty (60) 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 Area Board of Zoning Appeals has made a recommendation, pursuant to
applicable state law.
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
Area 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:
3939 South Michigan Street, South Bend, Indiana
in order to permit automobile sales use within the CB Community Business District
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the
Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of
which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby fords that:
1. The proposed use will not be injurious to the public health, safety, comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
3. The proposed use will be consistent with the character of the district in which it is located
and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions
established by the Area Board of Zoning Appeals which are on file in the office of the City
Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayo
Member of the Common Council
PRE5ENTE 2-` fS1 r to
NOT APPROVED-
el. 1) U P Tio
Filed in Clerk's Office
HC 152015 f
JOHN VOORDE
CITY CLERK, SOUTH BEND, IN
AREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235 -9554
FAX: (574)235 -5541
January 7, 2016
The Honorable Common Council South Bend
Of the City of South Bend
4th Floor, County-City Building
South Bend, Indiana 46601
RE: Petition for Special Exception
R & B Car Company
01/06/2016
Dear Council Members:
The above referenced petition of R& B Car Company was legally advertised on December 24, 2015. The Area
Board of Zoning Appeals gave it apublic hearing on January 6, 2016, at which time the following action was
taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Young and by a unanimous vote, the petition for
Special Exception to allow automobile sales in a "CB" Community Business District, on property located
at 3939 S. Michigan Street, Portage Township, is sent to the Common Council with a Favorable
Recommendation.
The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision
as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of
this report.
Sincerel ,
Charles C. Bulot, C.B.O. Building
Commissioner
CCB /cah
Filed In Clerk's Office
JAN
JOHN VOORDI
CITY CLERK, SOUTH EEND, 1!'