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08-14-06 Council Meeting Minutes
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08-14-06 Council Meeting Minutes
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City Council - City Clerk
City Counci - Date
8/14/2006
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REGULAR MEETING AUGUST 14, 2006 <br />RESOLUTION NO. 3620-06 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING A PETITION OF THE SOUTH <br /> BEND BOARD OF ZONING APPEALS FOR <br /> THE PROPERTY LOCATED AT 640 AND 560 <br /> WEST IRELAND ROAD, SOUTH BEND, <br /> INDIANA <br /> WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council <br />to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider <br />Petitions from the Board of Zoning Appeals for approval or disapproval; and <br /> WHEREAS, the Common Council must take action within sixty (60) days after <br />the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. <br />36-7-4-918.6; and <br /> WHEREAS, the Common Council is required to make a determination in writing <br />on such requests pursuant to Indiana Code Section 36-7-4-918.4, and <br /> WHEREAS, the South Bend Board of Zoning Appeals has made a <br />recommendation, pursuant to applicable state law. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA as follows: <br /> SECTION I. The Common Council has provided notice of the hearing on the <br />Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, <br />requesting that a Special Exception be granted for the property located at: <br />(640 and 560 West Ireland Road, South Bend, Indiana 46614) <br />In order to permit: <br />The Approval of a Special Exception to allow the operation of a Automotive sales, repair <br />and service facility on property presently zoned “CB” Community Business District. <br /> Section II. Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the petition of the South Bend Board of <br />Zoning Appeals, a copy of which is on file in the Office of the City Clerk. <br /> Section III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> 3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br /> 4. The proposed use is compatible with the recommendations of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 (i). <br /> Section IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the office of <br />the City Clerk. <br /> Section V. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br />11 <br /> <br />
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