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10-13-97 Council Meeting Minutes
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10-13-97 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
10/13/1997
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REGULAR MEETING OCTOBER 13, 1997 <br />Common Council to give notice pursuant to Indiana Code Section 5- <br />14-1.5-5 of its intention to consider Petitions from the Board of <br />Zoning Appeals for approval or disapproval; and <br />WHEREAS, the Common Council must take action within thirty <br />(30) days after the Board of Zoning Appeals makes its <br />recommendation to the Council; and <br />WHEREAS, the Common Council is required to make a <br />determination in writing on such requests pursuant to Indiana <br />Code Section 36 -7 -4- 918.4; <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 THE <br />CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section I. The Common Council has provided notice of the <br />hearing on the petition from the Board of Zoning Appeals, <br />pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a <br />special exception be granted for the property located at: <br />3525 S. Michigan <br />South Bend IN 46614 <br />in order to permit off site parking in a "B" Residential zoned <br />area. <br />Section II. Following a presentation by the Petitioner, and <br />after proper public hearing, the Common Council hereby approves <br />the Petition of the South Bend Board of Zoning Appeals, a copy of <br />which is on file in the Office of the City Clerk. <br />Section III. The Common Council of the City of South Bend, <br />Indiana hereby finds that: <br />1. The approval will not be injurious to the public health, <br />safety, morals and general welfare of the community; <br />2. The use and value of the area adjacent to the property <br />included in the special exception will not be affected in a <br />substantially adverse manner; <br />3. The need for the special exception arises from specific <br />conditions peculiar to the property involved; <br />4. The strict application of the terms of the Zoning <br />Ordinance will constitute an unnecessary hardship if applied to <br />the property for 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 <br />with the reasonable conditions established by the Board of Zoning <br />Appeals which are on file in the office of the City Clerk. <br />Section V. This Resolution shall be in full force and <br />effect from and after its adoption by the Common Council and <br />approval by the Mayor. <br />/s/ Roland Kelly <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. <br />Council Member Broden reported that the Zoning and Annexation <br />Committee had met on this bill and recommended it to the Council <br />favorable. Cathy Brucker, Building Department, reported that the <br />building and parking lot are all existing on the property, <br />therefore, the parking lot being used as such will not affect the <br />
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