09/08/1980 Board of Public Works Minutes

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J.: , REGULAR MEETING SEPTEMBER 8, 1980 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the license application for Bremen Iron and Metal Company, Inc., for the operation of a scrap yard at the above location, be approved. BE IT FURTHER RESOLVED that this. Resolution shall be subject to approval and ratification by the Common Council. Approved: September 8, 1980 BOARD OF PUBLIC WORKS s/ Patrick M. McMahon s/ Richard L. Hill s/ Joseph E. Kernan ATTEST: s/ Barbara J. Byers, Clerk Mr. McMahon stated that the Board has made a review of the petition for the issuance of a scrap dealer's license to Bremen Iron and Metal for that property as described on the map on file in the Board office. Mr. McMahon stated that certain fire protection methods would be required and that it appeared all other requirements of the ordinance would be met. He further stated that all the required data and information had been submitted in the proper form. He stated that the public hearing on the petition had been held on August 25, 1980. Mrs. Hilda Zemlyak, 1903 Franklin Street, stated that she and her neighbors were completely opposed to the granting of another license to operate a junk yard within the city. She stated that there were currently 17 licenses issued to scrap dealers and 16 of the 17 were located in the southwest portion of the city. She informed the Board that the City of Mishawaka has not issued one license for junk yards within its city limits. She did not feel there was a need for another junk yard and she was opposed to the issuance of another license for one. Mrs. Velma Torzewski, 2617 Gertrude Street, stated that she realized that a need for the facility existed; however, she felt the people in the area have been putting up with the heavy truck traffic associated with junk yards and the problems the junk yards pose to residential neighborhoods for too many years. Mr. James Knepp, Attorney at Law, practicing at 605 J.M.S. Building, stated that he was representing Mrs. Zemlyak and her neighbors and Circle Lumber at 1212 South Walnut, in opposing the location of Bremen Iron and Metal to the new site. He asked just exactly what would the facility actually be. He felt the facility would be a storage place for metal waste and shredding, etc. of the waste. He stated that Bremen Iron and Metal was asking for approval of a metal shredder within the city, and he cautioned that metal scrap would be coming to South Bend from numerous locations in Indiana and Michigan. He stated that Circle Lumber felt its.investment would be jeapordized if the yard was permitted to operate at the new location. He felt the facility was not in compliance with the junkyard ordinance regarding "E" heavy industrial zoning since not all of the petition area was zoned as such. He also stated that the yard was not within the 1,000 foot buffer area of certain stated zoning areas. He stated that the Rum Village Neighborhood falls within 1,000 feet of the site. Mr. Bruce Bancroft, Attorney at Law, practicing on the 6th floor of the First Bank Building, stated that he was representing Breman Iron and Metal on its petition for a license. He stated that the public hearing had previously been held on the petition at the Board's last meeting and had been closed at that time. He stated that he had not come to this meeting intending to be involved again in a public hearing, but only to receive a report from a city office which had not been filed at the time of the public hearing as required. Mr. McMahon advised Mr. Bancroft that he was correct in that the public hearing had been held on August 25, 1980, and that he, too, was surprised at the objection being raised at this time and wondered why