05-11-09 Common Council Minutes - Laserfiche WebLink

Home Browse Search

REGULAR MEETING MAY 11, 2009 RESOLUTIONS RESOLUTION NO. 3969-09 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 244 SOUTH OLIVE STREET, SOUTH BEND, IN 46619 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 (6) 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 THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition form the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 244 SOUTH OLIVE STREET, SOUTH BEND, INDIANA 46619 in order to permit: SPECIAL EXCEPTION FOR EXTERIOR AUTO SALES IN “CB” COMMUNITY BUSINESS DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1.The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; as the building was in a state of disrepair and since 2002 has undergone significant improvement and has a higher rate of tenant occupancy. Granting the special exception will allow AMV Family Limited Partnership, the ability to continue further improvements to the facility and grounds. 2.The proposed use will no injure or adversely affect the use of the adjacent area or property values therein; in that measures are being taken to improve the quality of the tenant businesses in the facility and also in the design of the site. Proposed landscape improvements are being added to make this property more attractive. 17