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05-11-09 Common Council Minutes
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05-11-09 Common Council Minutes
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REGULAR MEETING MAY 11, 2009 <br /> <br /> <br /> <br />RESOLUTIONS <br /> <br /> <br />RESOLUTION NO. 3969-09 A RESOLUTION OF THE COMMON <br />COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, APPROVING A <br />PETITION OF THE SOUTH BEND <br />BOARD OF ZONING APPEALS FOR <br />THE PROPERTY LOCATED AT 244 <br />SOUTH OLIVE STREET, SOUTH BEND, <br />IN 46619 <br /> <br />WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give <br />notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions <br />from the Board of Zoning Appeals for approval or disapproval; and <br /> <br />WHEREAS, the Common Council must take action within sixty (6) days after the Board <br />of Zoning Appeals makes its recommendation to the Council; and <br /> <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 /> <br />WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, <br />pursuant to applicable state law. <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA as follows: <br /> <br />SECTION I. The Common Council has provided notice of the hearing on the Petition <br />form 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 />244 SOUTH OLIVE STREET, SOUTH BEND, INDIANA 46619 <br /> <br />in order to permit: <br /> <br />SPECIAL EXCEPTION FOR EXTERIOR AUTO SALES IN “CB” COMMUNITY <br />BUSINESS DISTRICT <br /> <br />SECTION II. Following a presentation by the Petitioner, and after proper public hearing, <br />the Common Council hereby approves the petition of the South Bend Board of Zoning <br />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 finds <br />that: <br /> <br /> <br />1.The proposed use will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; as the building <br />was in a state of disrepair and since 2002 has undergone significant <br />improvement and has a higher rate of tenant occupancy. Granting the special <br />exception will allow AMV Family Limited Partnership, the ability to continue <br />further improvements to the facility and grounds. <br /> <br /> <br />2.The proposed use will no injure or adversely affect the use of the adjacent area <br />or property values therein; in that measures are being taken to improve the <br />quality of the tenant businesses in the facility and also in the design of the site. <br />Proposed landscape improvements are being added to make this property <br />more attractive. <br /> <br /> 17 <br /> <br />
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