10-25-10 Council Agenda & Packet

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(MKMEGIDEVAULT. WWW, K F I EGDEVAU Lt. C OM September 14, 2010 Page 2 3. Statement of Special Use Requested and Reason for Request. Pursuant to Section 21 -04.02 (a)(2)(B)(iii) of the South Bend Municipal Code, Petitioner respectfully requests a Special Use Permit for the above- referenced property (the "Property") to allow for the outdoor storage of soil and other fill material not to exceed seventy -five percent (75 %) of the total lot area. The Special Use Permit is requested to allow Petitioner to continue its operations at the Property. 4. Proposed Findings of Fact Under I.C. 36 -7 -4- 918.4 (Standards for Special Exceptions): 1 €. The proposed use will not be injurious to the public ,health, safety, comfort, community moral standards, convenience or general welfare of the community. The Property is currently zoned GI — General Industrial and has been used by Petitioner for the outdoor storage of soil and other fill material for many years. The Property has been used more frequently in recent months due to an upswing in business making it necessary for Petitioner to apply for a Special Use Permit to allow for outdoor storage on an area not to exceed seventy -five percent (75 %) of the total lot area, Issuance of a Special Use Permit will not be injurious to the public health, safety, comfort, morals, convenience or general welfare of the community as it will allow Petitioner to continue to utilize the Property in a manner consistent with its present and intended future use and to use the Property to its maximum potential. II. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed Special Use Permit will not injure or adversely affect the use of the adjacent area or properties as all materials stored outside will be contained within the Property's boundaries. In addition, the Property is bounded by other industrially zoned parcels and will not cause a diminution in property value.