Special Exception - 3520 Western Avenue

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NOTICE OF PUBLIC HEARING Notice is hereby given to all interested persons that the Board of Zoning Appeals of the City of South Bend, Indiana will hold a public hearing in the Council Chambers on the 4th Floor of the County - City Building, 227 W. Jefferson Blvd., South Bend, Indiana on the 19th day of July, 2007, at 3:00 p.m. or as soon thereafter as the matter can be heard. This hearing is for the purpose of considering a petition that is on file by Samuel & Artemio Diaz of 3622 Dunham Street, South Bend, Indiana, 46619, seeking the following: A). Special Exception Request: PARCEL "A": A). Approval of a Special Exception as allowed under Section 21-07-04 (c) 3 of the City of South Bend Zoning Ordinance to allow for a twenty-four (24) off-site parking space lot, to be used for a restaurant facility located at 3602 Western Avenue (i.e. the Southwest corner of Western Avenue and Kenmore Street); Property is presently zoned "LB" Local Business District. THIS REAL ESTATE IS COMMONLY DESCRIBED AS: 3520 Western Avenue, South Bend, Indiana 46619, AND IS LEGALLY•DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:LOTS NUMBERED TWENTY-SIX (26), TWENTY-SEVEN (27), TWENTY-EIGHT (28) AND THE WEST HALF OF A 14 FT. WIDE VACATED PUBLIC ALLEY LYING EAST OF AND ADJACENT TO SAID LOT NUMBERED TWENTY-SIX (26) ALL AS SHOWN ON THE PLAT OF "LINCOLN PARK ADDITION TO THE CITY OF SOUTH BEND" AS RECORDED IN PLAT $OOK # 8 ON PAGE # 26 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 0.43 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Dated this 17TH day of JUNE, 2007. Board of Zoning Appeals of the City of South Bend, Indiana 125 South Lafayette Blvd. Suite 100 South Bend Indiana 46601 Secretary to the Board TO THE PETITIONER: It is your responsibility to complete this form correctly and deliver it to the Secretary to the Board of Zoning Appeals with the other papers at the time of original filing. Once it is signed by the Secretary, then it is your responsibility to make arrangements to have publication of notice made in a local newspaper having general circulation in St. Joseph County. Such notice must be published one (1) time, the first publication being at least ten (10) days prior to the date on which the public hearing is to be held. Proof of publication must be presented to the Board at the time of the public hearing.)