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REGULAR MEETING <br />JUNE 23,201 <br />APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR <br />THE PROPERTY LOCATED AT 2324 ELWOOD <br />AVENUE, SOUTH BEND, INDIANA <br />WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice <br />pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Area <br />Board of Zoning Appeals for approval or disapproval; and <br />WHEREAS, the Common Council must take action within sixty (60) days after the Area Board <br />of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36 -7 -4 - 918.6; and <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 />WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to <br />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 hearing on the Petition from the <br />Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14 -1.5 -5 requesting that a <br />Special Exceptions be granted for the properties located at: <br />In order to permit: <br />(2324 ELWOOD AVENUE SOUTH BEND INDIANA) <br />Approval of a Special Exception Use as allowed under Section 21 -03.04 (a) (2)(A) Automotive <br />Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station <br />facility (without repairs) on property zoned LB Local Business District. <br />SECTION IL Following a presentation by the Petitioner and after proper public hearing, the <br />Common Council hereby approves the petition of the Area 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, Indiana hereby finds that <br />1. The proposed uses will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; <br />2. The proposed uses will not injure or adversely affect the use of the adjacent area or <br />property values therein; <br />3. The proposed uses will be consistent with the character of the district in which it is <br />located and the land uses authorized therein; <br />4. The proposed uses are compatible with the recommendations of the City of South <br />Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code 21 -09.03 (i). <br />SECTION IV. Approval is subject to the petitioner complying with the reasonable conditions <br />established by the Area Board of Zoning Appeals, which are on file in the office of the City <br />Clerk. <br />SECTION V. The Resolution shall be in full force and effect from and after its adoption by the <br />Common Council and approval by the Mayor. <br />