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REGULAR MEETING OCTOBER 25, 2004 <br /> WHEREAS, the South Bend Board of Zoning Appeals has made a <br /> recommendation, pursuant to applicable state law. <br /> NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND, INDIANA, as follows: <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 grated for the property located at 1601 West <br /> Sample Street in order to permit off-site parking. <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 /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br /> finds that: <br /> 1. The approval will not be injurious to the public health, safety, <br /> morals, and general welfare of the community; <br /> 2. The use and value of the area adjacent to the property included <br /> in the special exception will not be affected in a substantially <br /> adverse manner; <br /> 3. The need for the special exception arises from specific conditions <br /> Peculiar to the property involved; <br /> 4. The strict application of the terms of the Zoning Ordinance will <br /> constitute an unnecessary hardship if applied to the property for <br /> which this special exception is sought; and <br /> 5. The approval does not interfere substantially with the <br /> Comprehensive Plan adopted by the City of South Bend. <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 /> SECTION V. This Resolution shall be in full force and effect from and after its <br /> adoption by the Common Council and approved by the Mayor. <br /> s/Karen L. White <br /> Member of the Common Council <br /> Councilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that <br /> this committee held a Public Hearing on this bill this afternoon and voted to send it to the <br /> full Council with a favorable recommendation. <br /> Mr. Don Fozo, C.B.O., Building Commission, 125 S. Lafayette Blvd., Suite 100, South <br /> Bend, Indiana, presented the report from the Board of Zoning Appeals. <br /> Mr. Fozo advised that the petitioner St. Mary's of the Holy Rosary National Church is <br /> seeking a special exception to allow off site parking in SF2 and from the required 20' <br /> residential buffer yard to 0' and variance from the required screening to no screening <br /> along the entire West property line. Mr. Fozo further advised that the petition for St. <br /> Mary's of the Holy Rosary National Church is sent to the Council with a favorable <br /> recommendation. <br /> This being the time heretofore set for the Public Hearing on the above bill, proponents <br /> and opponents were given an opportunity to be heard. <br /> 4 <br />