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01-23-12 Common Council Meeting Minutes
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01-23-12 Common Council Meeting Minutes
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REGULAR MEETING JANUARY 23, 2012 <br /> <br /> <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 /> <br />(918 Oliver Plow Court, South Bend, Indiana) <br /> <br />In order to permit: <br /> <br />The Approval of a Special Exception as allowed under Section 21-04-02 (2)(B)(iii) of the <br />City of South Bend Zoning Ordinance to allow for an outside storage area of 162,000 <br />square feet (i.e. 3.72 ac.) which exceeds the maximum allowed outside storage area of <br />103,237 square feet or 2.37 ac. (i.e. 50% of the proposed lot property area of <br />approximately 4.74 acres) for property located at 918 Oliver Plow Court, South end, <br />Indiana per Section 21-04-02 (2)(B)(iii) of the City of South Bend Zoning Ordinance, <br /> <br />And the Common Council has provided notice of the hearing on the Petition from the <br />Area Board of Zoning Appeals of St. Joseph County, Indiana, pursuant to Indiana Code <br />Section 5-1401.5-5, requesting that a Special Exception be granted for the property <br />located at: <br /> <br />(Property Adjacent to and East to 918 Oliver Plow Court, South Bend, Indiana) <br /> <br />In order to permit: <br /> <br />The Approval of a Special Exception as allowed under Section 21-04-02 (2)(D) of the <br />City of South Bend Zoning Ordinance to allow for a Public Passive Park for property <br />located East of and adjacent to 918 Oliver Plow Court, South Bend, Indiana. <br /> <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 /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <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 /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Oliver Davis, Chairperson, Zoning and Annexation Committee, reported <br />that this committee held a Public Hearing on this bill this afternoon and voted to send it <br />to the full Council with a favorable recommendation. <br /> 10 <br /> <br />
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