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REGULAR MEETINGAUGUST 8, 2005 <br />ORDINANCE NO. 9608-05 AN ORDINANCE OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING RATES TO BE CHARGED AT <br /> MUNICIPALLY OWNED OR OPERATED <br /> PARKING LOTS <br />This bill had third reading. Councilmember Kelly made a motion to pass this bill. <br />Councilmember White seconded the motion which carried. The bill passed by a roll call <br />vote of nine (9) ayes. <br />RESOLUTIONS <br />RESOLUTION NO. 3499-05 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 608 & 614 S. <br /> EDDY STREET <br />WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give <br />notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions <br />from the Board of Zoning Appeals for approval or disapproval; and <br />WHEREAS, the Common Council must take action within thirty (30) days after the <br />Board of Zoning Appeals makes its recommendation to the Council; and <br />WHEREAS, the Common Council is required to make a determination in writing on such <br />requests pursuant to Indiana Code Section 36-7-4-918.4; and <br />WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, <br />pursuant to applicable state law. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, as follows: <br />SECTION I. The Common Council has provided notice of the hearing on the Petition <br />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 608 & 614 S. <br />Eddy Street in order to permit Residential (2) two-family dwelling in “OB” zone. <br />SECTION II. Following a presentation by the Petitioner, and after proper public hearing, <br />the Common Council hereby approves the Petition of the South Bend Board of Zoning <br />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 finds <br />that: <br />1. The approval will not be injurious to the public health, safety, morals, and general <br />welfare of the community; <br />2. The use and value of the area adjacent to the property included in the special <br />exception will not be affected in a substantially adverse manner; <br />3. The need for the special exception arises from specific conditions peculiar to the <br />property involved; <br />4. The strict application of the terms of the Zoning Ordinance will constitute an <br />unnecessary hardship if applied to the property for which this special exception is sought; <br />and <br />8 <br /> <br />