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06-09-08 Common Council Minutes
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06-09-08 Common Council Minutes
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REGULAR MEETING JUNE 9, 2008 <br /> <br /> <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 /> <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 /> <br /> WHEREAS, the South Bend Board of Zoning Appeals has made a <br />recommendation, pursuant to applicable state law. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA as follows: <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 />(900 Block of Oliver Plow Court, South Bend, Indiana) <br /> <br />In order to permit: <br /> <br />The approval of a special exception to allow for an outside storage area of 188,000 square <br />feet (i.e. 4.32 ac.) which exceeds the maximum allowed outside storage area of 140,917 <br />square feet (i.e. 50% of the proposed lot property area of approximately 6.47 acres) for <br />property located in the 900 Block of Oliver Plow Court, South Bend, Indiana, per Section <br />21-04-02(2)(B)(iii) of the City of South Bend Zoning Ordinance. <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/Timothy A. Rouse <br /> Member of the Common Council <br /> <br /> <br /> <br /> 18 <br /> <br />
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