07-27-15 Common Council Meeting Minutes

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REGULAR MEETING JULY 27,201 15 -67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 430 PARKOVASH AVE WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of zoning Appeals for approval or disapproval; and WHEREAS, THE Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY OF SOUTH BEND, INDIANA as follows: L OF THE CITY SECTION I. The Common Council has provi fthe ng on the Petition from the Board of Zoning Appeals persona to In ode Sect 14 -1. -5, requesting that a Special Exception be granted operty loc Parkovash Ave in order to permit a child care cen er i F2" Distric . SECTION II. Following a presentation ner, an r proper public hearing, the Common Council hereby approve petiti he Sou d Board of Zoning Appeals, copy of which in on file in th ffice o Clerk. SECTION III. The Common cil of the C of Sou d, Indiana, hereby finds that the proposed use will furious to ubli alth, safety, comfort, community ards, fence of g fare: e prosper with a injurious to the public health, safety, comfort, ommunity or dard, enience or general welfare; proposed use of inju adversely affect the use of the adjacent r property val herein; 3. Th osed use a consistent with the character of the district in which it is to and the uses authorized therein; 4. The pro use mpatible with the recommendations of the City of South Ben ensive plan; SECTION IV. Approval is subject to the Petitioner complying the reasonable conditions established by the Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 11