03/26/84 Board of Public Works Minutes

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I' REGULAR MEETING MARCH 26, 1984 Mr. Leszczynski inquired if anyone else present wished to speak either for or against the request for this amended license. The Board was presented with a letter from Mr. George Divjak, President of the Rum Village Neighborhood Assocation, 829 West Calvert Street, South Bend, Indiana, asking the Board to take into consideration the effect of this waiver on individuals living nearby. The letter stated that philosophically, the Association is against waivers of variances of existing ordinances because they may lead to unknown consequences in the future and asked that the Board take into account the effects of this variance on nearby residents. Mr. Divjak's letter further stated that the Association relies on the good intentions of the Board in this regard To clarify the issue at hand, Mr. Hill stated that the waiver relates to three different areas, two ares within Parcel I which are not grandfathered under the 1980 license, and a third parcel consisting of much of Parcel II. Mr. Dunfee advised that it applies to all of Parcel II. Mr. Hill further stated that some portions of Parcel II are within 160 feet of -a residential area and to bring Metal Resources within the ordinance, they must exclude a portion of Parcel 'II from use in a similar fashion to that which was done in 1980. At that time approval was subject to submission of a statement that the operation would not encroach into two areas. Ms. Katherine Barnard, Director of the Department of Code Enforce- ment, was present and advised that inspection of the operation conducted by her office revealed that Metal Resources Corporation complies with the ordinance except that the scrapyard is approx- imately 160 feet from an "A" Residence District. It was noted that the inspection compiled by the Fire Department Inspection Division revealed that the operation had no violations. In response to Mr. Leszczynski's inquiry as to what the Board can grant, Mr. Hill advised that the Board has authority to recommend approval of the license of an amendment to this license. The Board does not have the authority to grant a waiver and pursuant to the.ordinance requirements, Metal Resources would have to meet one of three criteria to receive that waiver from the Common Council. Mr. Hill stated that in order to waive the distance requirement a resolution of the Council must incorporate one of the following for consideration of a waiver: (1) that the majority of the business operation would take place within an enclosed structure, (2) that the business would be located beyond one-half of the footage require- ment or (3) that a majority of the owners within the 1000 foot distance give approval. Mr. Hill indicated that the Petition presented by Metal Resources suggests that they would arrange to bring all scrap metal business within the 500 feet limitation for Parcel II and in fact that would be the only way this Board could grant an amendment to the license. He stated that it is within the discretion of the Common.Council to grant the waiver based on one of the three previously mentioned criteria being met. Mr. Hill stated that the Common Council would have the final authority to approve the granting of the license and they would address the 1000 foot distance matter. Board Attorney Carolyn V. Pfotenhauer stated that the Board of Public Works has the responsibility for making sure the technical aspects of the ordinance are complied with and typically provides the Council with a resolution and any conditions for consideration by the Common Council. Mr. Leszczynski inquired of Mr. Dunfee if Metal Resources would have to come before the Board again concerning the building they intend to erect. Mr.. Dunfee answered no to that question and stated that the building Metal Resources plans to build will be used as a warehouse/office structure. (This point was clarified later in the discussion).