01-10-05 Council Meeting Minutes

Home Browse Search

WHEREAS, the South Bend 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 L The Common Council has provided notice of the hearing on the Petition from the 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 2920 Sample Street, South Bend, Indiana, and more particularly described as follows: Apart of the West Half (1/z) of the Northwest Quarter (1/4) of Section 15, Township 37 North, Range 2 East, Portage Township, City of South Bend, St_ Joseph County, Indiana, more particularly described as follows: Beginning at a found 5/8" rebar at the South right-of--way line of Sample Street and the Northwest corner of the survey parcel which is South 0000"00' East, 35.00 feet and North 90°00"00' East, 164.93 feet (165.00 feet record) from a found monument at the Northwest corner of said Section 15; thence North 90E;00:00 East along said South right- of-way line, a distance of 564.66 feet to a found 1"pinched iron at the Northeast corner of the survey parcel; thence South 0003" 39' West (South record) along the East line of said survey parcel a distance of 536.78 feet to a set 5/8" rebar with cap at the Northerly right-of way line of the New Jersey, Indiana and Illinois Railroad; thence South 6609"OS' West (South 6559"50' West record) along said right-fo-way line, a distance of 617.66 feet to a found 5/8" rebar at the Southwest corner of the survey parcel; thence North 0003" 39' East a distance of 786.51 feet to the point of beginning, containing 8.58 acres more or less. Subject to all pubic highways and easements of record. in order to permit a special exception to allow a metal recycling facility in a "GI" General Industrial District. SECTION IL. Following a presentation by the Petitioner, and after proper pubic hearing, the Common Council hereby approves the Petition of the South Bend 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 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 specif c 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 this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the Office of ~_ 5 ,~, . ~~