HomeMy WebLinkAboutBill 16-38 Special Exception for Insurance Auto AuctionsAREA BOARD OF ZONING APPEALS
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574)235 -9554
FAX: (574)235 -554I
April 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
Insurance Auto Auctions, Inc.
04/06/2016
Dear Council Members:
The above referenced petition of Insurance Auto Auctions, Inc. was legally advertised on March 17, 2016. The
Area Board of Zoning Appeals gave it a public hearing on April 6, 2016, at which time the following action
was taken:
Upon a motion by Mr. Phipps, being seconded by Mr. Urbanski and by a unanimous vote, the petition
for Special Exception to allow for the temporary storage of motor vehicles, outdoor storage on more than
50% of the of the property, and utilization of a wrecker service, on property located at 2926 -3302 W.
Sample Street, Portage Township, zoned "GI" General Industrial 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
APR 12 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN
RESOLUTION NO.
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
2926 -3302 West Sample Street,
South Bend, IN 46628
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:
2926 -3302 West Sample Street,
South Bend, IN 46628
in order to permit
Temporary storage of motor vehicles; storage of motor vehicles on more than 50% of the
property; utiltization of wrecker service; and to allow partial landscaping in front & side yards
SECTION H. 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 M. The Common Council of the City of South Bend, Indiana, hereby finds 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 Mayor.
PRESENTED
'NOT APPROMQ
ADOPTIV
Member of the Common Council
Filed in Clerk's Office
MAR I > 201r,
KAREEMeAH FOWLER
CITY CLERK, SOUTH BEND, IN