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REGULAR MEETING JULY 27, 2009 <br /> <br /> <br /> <br />ORDINANCE NO. 9947-09 AN ORDINANCE OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROPRIATING $38,000 FROM GENERAL <br /> FUND (#101) FOR EXPENSES OF SOUTH <br /> BEND’S “ALL AMERICAN CITY” BID <br /> <br />This bill had third reading. Councilmember White made a motion to pass this bill. <br />Councilmember Oliver Davis seconded the motion which carried. The bill passed by a <br />roll call vote of nine ayes. <br /> <br /> <br />RESOLUTIONS <br /> <br />RESOLUTION NO. 3982-09 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA <br /> APPROVING A PETITION OF THE SOUTH <br /> BEND BOARD OF ZONING APPEALS FOR <br /> THE PROPERTY LOCATED AT 527 ½ <br /> RIVERSIDE DRIVE <br /> <br /> WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council <br />to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider <br />Petitions from the Board of Zoning Appeals for approval or disapproval; and <br /> <br /> WHEREAS, the Common Council must take action within sixty (60) days after <br />the Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. <br />36-7-4-918.6; and <br /> <br /> WHEREAS, the Common Council is required to make a determination in writing <br />on such requests pursuant to Indiana Code Section 36-7-4-918.4, and <br /> <br /> WHEREAS, the South Bend Board of Zoning Appeals has made a <br />recommendation, pursuant to applicable state law. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA as follows: <br /> <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 granted for the property located at: <br /> <br />527 ½ Riverside Drive <br /> <br /> <br />In order to permit: A Special Exception to allow an accessory dwelling in a “SF2” <br />District. <br /> <br /> <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 /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <br /> 10 <br /> <br />