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REGULAR MEETINGOCTOBER 252010 <br /> , <br /> <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 />Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that <br />this committee met this afternoon on this bill and sends it to the Council with a favorable <br />recommendation subject to written dated October 25, 2010 and on file in the Office of the <br />City Clerk. <br /> <br />Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, <br />Indiana, presented the report from the Area Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner is seeking a special exception from the maximum <br />allowable outside storage of soil and other fill material not to exceed 75% on the property <br />located at 925 S. Webster. He stated that the Area Board of Zoning Appeals held a <br />Public Hearing on October 6, 2010 and send this bill to the Common Council with no <br />recommendation. <br /> <br />Mr. John Lloyd, Kreig, DeVault, LLP, 4101 Edison Lakes Parkway, Suite 100, <br />Mishawaka, Indiana, made the presentation for this bill. <br /> <br />Mr. Lloyd advised that he is an attorney representing MM Blair, LLC and that they are <br />seeking a Special Exception from the maximum allowable 50% area for outdoor storage <br />of soil and other fill material not to exceed 75%, on property located at 925 S. Webster <br />Street. Mr. Lloyd stated that they have agreed to written commitments dated October 25, <br />2010 and are on file with the Office of the City Clerk. 1. Remove the concrete pad that <br />adjoins the MM Blair/Lacay Fabricating property line; 2. Reduce the size of the storage <br />piles along the west property line to 10’ high. 3. Along the northwest corner of the MM <br />Blair property (Approximately 100 linear feet running south from MM Blair’s north <br />property line), pull the pile back 20’ from the property line; 4. Along the southwest <br />corner of the MM Blair property (we discussed a tree along the property line as being the <br />northern starting point), pull the storage pile back 10’ from the property line; 5. Install <br />and maintain as necessary a silt fence along the north side of the common property line; <br />6. Perform some grading work along the common property line, and on Lacay <br />Fabricating’s property adjacent to such property line (where reasonably designated by <br />Lacay) to help water drain away from Lacay’s building. 7. The work contemplated above <br />will be completed by November 15, 2010. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />Councilmember Oliver Davis thanked Mr. Lloyd for taking the time to talk with the <br />neighbors and address their concerns through the agreement of the written commitments. <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 Puzzello made a motion to adopt this <br />Resolution. Councilmember Oliver Davis seconded the motion which carried and the <br />Resolution was adopted by roll call vote of eight (8) ayes. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 17 <br /> <br />