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REGULAR MEETING JANUARY 28, 2013 <br /> <br /> <br /> <br /> <br />RESOLUTION NO. 4237-13 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING A PETITION OF THE AREA <br /> BOARD OF ZONING APPEALS FOR THE <br /> PROPERTY LOCATED AT 323 ST. LOUIS <br /> STREET, 325 ST. LOUIS STREET, 327 ST. <br /> LOUIS STREET, 618 MADISON STREET AND <br /> 336 HILL STREET, ALL IN SOUTH BEND, <br /> INDIANA AND REPEALING RESOLUTION <br /> 4104-11 <br /> <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 from the <br />Board of Zoning Appeals for approval or disapproval; and <br /> <br /> WHEREAS, the Common Council must take action within sixty (60) days after the Board <br />of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and <br /> <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 /> <br /> WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, <br />pursuant to applicable state law. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA as follows: <br /> <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, requesting that <br />a Special Exception be granted for the property located at: <br /> <br />(323 St. Louis Street, 325 St. Louis Street, 327 St. Louis Street, 618 Madison Street and 336 Hill <br />Street, all in South Bend, Indiana) in order to permit: <br /> <br />The approval of a Special Exception to allow for off-site parking lot for properties located at 323 <br />St. Louis Street, 325 St. Louis Street, 327 St. Louis Street, 618 Madison Street and 336 Hill <br />Street all in South Bend, Indiana per Section 21-03.02 (2) (D) of the City of South Bend Zoning <br />Ordinance to allow for an Accessory Use (Off-site4 Parking) and approval of a Special <br />Exception to allow for an Accessory Use under Section 21-02.11(b)(2)(B)(3) of the City of <br />South Bend, Zoning Ordinance to allow for a Storage Trailer for a Two (2) Year period of time. <br /> <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 Appeals, <br />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 finds <br />that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent area or <br />property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in which it is <br />located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of South <br />Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21- <br />09.03 <br />16 <br /> <br /> <br />