09-13-10 Common Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 13, 2010 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 from 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: 3700 S. Gertrude St. In order to permit a Special Exception to allow a resource recovery facility. 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; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendation of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21-09.03 SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Derek D. Dieter Member of the Common Council Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee reported that this committee met this afternoon on this bill to discuss the pros and cons and it was the consensus of the committee to send it to the full Council with no recommendation. Chuck Bulot, C.B.O., Building Commissioner, 125 S. Lafayette Boulevard, South Bend, Indiana, presented the report from the Area Board of Zoning Appeals. Mr. Bulot advised that the petitioner is seeking a special exception to allow a resource recovery facility. Mr. Bulot stated that the Area Board of Zoning Appeals held a public hearing on August 4, 2010 and sends this bill to the Common Council with a favorable recommendation. 8