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05-11-92 Council Meeting Mniutes
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05-11-92 Council Meeting Mniutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
5/11/1992
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is sought; and <br />(5) The approval does not interfere substantially with the comprehensive plan <br />adopted by the City. <br />Section IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are attached <br />hereto and incorporated herein and marked for purposes of identification as Exhibit <br />B. <br />Section V. This Resolution shall be in full force and effects from and after <br />its adoption by the Common Council and approval by the Mayor. <br />/S /Stephen Luecke <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. Council Member Slavinskas <br />reported that the Zoning and Vacation Committee had met on this bill and recommended <br />it to the Council favorable. Adelade Shefbuck, 1326 Dunham, made the presentation <br />for the bill. She indicated that at one time the second floor of this building <br />contained two apartments and over the years the structure had been altered. She <br />indicated they wanted to remodel the second floor of this building and make it again <br />into two apartments. She said the first floor would have a commercial use as a <br />children's clothing shop. Bob Nagle, assistant zoning administrator, indicated the <br />Board of Zoning Appeals recommended this to the Council favorable. Council Member <br />Zakrzewski made a motion to adopt this resolution, seconded by Council Member Duda. <br />The resolution was adopted by a roll call vote of nine ayes. <br />RESOLUTION NO. 1946 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD <br />OF ZONING APPEALS ON A SPECIAL EXCEPTION FOR RECREATIONAL <br />USE ON COMMERCIAL PROPERTY LOCATED AT THE SOUTHWEST CORNER <br />OF LOMBARDY AND MEADOW LANE. <br />WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice <br />pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from the <br />Board of Zoning Appeals for approval or disapproval: and <br />WHEREAS, the Common Council has a period of thirty (30) days after the Board of <br />Zoning Appeals makes its recommendation to the Council, in which to take formal <br />action; and <br />WHEREAS, if it approves a Petition, the Common Council, must make the <br />determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and <br />WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that <br />it grant an exception to allow for a surface parking lot. This property is zoned <br />"A" Residential, "A" Height and Area. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />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, 5- 14- 1.5 -5. <br />Section II. Following presentation by the Petitioner and proper public <br />hearing, the Common Council hereby approves the Petition of the South Bend Board of <br />Zoning Appeals, Appeal No. 3649, a copy of which is attached hereto and incorporated <br />herein by reference, and marked for purposes of identification as Exhibit A. <br />Section III. The Common Council finds that: <br />(1) The approval will not be injurious to the public health, safety, morals, and <br />general welfare of the community; <br />(2) The use and value of the area adjacent to the property included in the <br />special exception will not be affected in a substantially adverse manner; <br />(3) The need for the special exception arises from some conditions peculiar to <br />the property involved; <br />(4) The strict application of the terms of the Zoning Ordinance will constitute <br />an unnecessary hardship if applied to the property for which the special exception <br />is sought; and <br />(5) The approval does not interfere substantially with the comprehensive plan <br />adopted by the City. <br />Section IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are attached <br />hereto and incorporated herein and marked for purposes of identification as Exhibit <br />B. <br />Section V. This Resolution shall be in full force and effects from and after <br />its adoption by the Common Council and approval by the Mayor. <br />/S /Stephen Luecke <br />I� <br />
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