Special Exception - 925 South Webster St. South Bend, IN

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MM BLAIR, LLC The petition of MM Blair, LLC seeking a Special Exception from the maximum allowable 50% area for outdoor storage of soil and other fill material not to exceed 75%, on property located at 925 S. Webster Street, Portage Township. Zoned "GI" General Industrial. MR. JOHN LLOYD: I'm an attorney with Krieg DeVault, 4101 Edison Lakes Parkway, Mishawaka. Since , it so late I will try and be brief. Basically we're asking for the Special Use Exception for the outdoor storage, the top soil and fill dirt. In some cases there may be some brick and concrete but primarily top soil and fill dirt. And I'm sure you have some photographs of the site. The material that will be there will not be ~;' contaminated soil or other wise contaminated material. In your packets you may have the letter from the Health Department and they had specifically asked us to modify the definition of other fill material in our petition to read, other fill material is defined as any uncontaminated soil, rock, brick and concrete specifically excludes is any construction debris which is not brick or concrete and any regulated substance as defined by County Code 52. And that's totally fine with us because that was what our intention was to begin with. So we've agreed to that modified definition and that's what we'll do. This is an area that is zoned General Industrial and it is fairly industrial. In the conversations that we've had with some of the neighbors, Lacay Fabricating is just to the west and their property is rectangular and it runs along side our property, they've expressed some concerns about water runoff and potentially dust. We've met with them on a couple of occasions and offered to remove a concrete slab along our common border and also to install silk fence to avoid water runoff or soil runoff onto their property. I also had some conversations with their attorney about this and we're actually going to be meeting with them hopefully on site on Friday or within the next couple of days to address whatever their concern are. I know that they're here today and they will probably share more directly with you but we're actually trying to work with them to satisfy what their issues might be. Also our neighbor to the north is Imaginary Ink right on Sample and they've expressed a concern about the soil material. Don't want to have contaminated soil material on site. And I understand that and that's not what we are doing. We weren't going to do that anyway. The Health Department wanted us to clarify and hopefully we've done that. With respect to the zoning as I mentioned it's General Industrial and under the zoning ordinance itself it specifically mentions amounts of outdoor storage and that's what we're basically trying to take of with this Special Exception. The staff recognized both the nature of the district and the use and after reviewing the standards for the Special Exception recommended that this body make a favorable recommendation with respect to this petition to the City Council and we ask that you follow that 45