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REGULAR MEETING JULY 12, 2010 <br /> <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 /> 3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Mr. David Mirkin, Attorney at Law, 112 W. Jefferson Blvd., South Bend, Indiana, made <br />the presentation on behalf of LTODD, LLC. The owner Todd Stull is here along with his <br />wife Laura. They are the owners and operate a company called Bestway Towing and <br />Bestway Towing does the majority of their business with the City of South Bend. He <br />stated that because Bestway does most of its business is South Bend it is very important <br />that they be located in South Bend for their business operations. He stated that some <br />months ago they had begun the process of acquiring some real estate at 1313 Prairie. <br />Approximately 3 days before their hearing with the Board of Zoning Appeals, City <br />officials asked them to withdraw their petition because it was too close to Ignition Park in <br />their opinion. He stated that they deferred and complied even though they had spent a lot <br />of time and money. He stated that the City to its credit helped them in locating this <br />property and were directed and referred to by various individuals in the Economic <br />Development office. Mr. Mirkin reiterated that they have a very quick turn over on all <br />the vehicles on their property. He stated that when a car is drivable the owner comes in <br />quickly, pays the fine and get the car back because they don’t want to incur storage <br />charges. It’s the same with wrecks, because the insurance companies do not want to <br />incur storage charges. He stated that the reason for the Special Exception use is that in <br />order to conduct a towing service, which is called a wrecker service in the zoning <br />ordinance, you have to ask for a Special Exception and you have to be in a General <br />Industrial District and that is what they asked for in Bill No. 24-10 earlier this evening. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />There being no one present wishing to speak to the Council either in favor of or in <br />opposition to this Resolution. Councilmember Rouse made a motion to adopt this <br />Resolution. Councilmember Kirsits seconded the motion which carried and the <br />Resolution was adopted by a roll call vote of seven (7) ayes. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 9 <br /> <br />