01-09-06 Council Meeting Minutes

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REGULAR MEETING JANUARY 9, 2006 WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in wiring on such requests pursuant to Indiana Code Section 36-7-4-918.4, and 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 L 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: (300 Block of West Ewing Avenue, South Bend, Indiana) In order to permit The Approval of a Special Exception to allow the operation of a facility for the Crushing, Grinding and Storage of Concrete, Asphalt, Scrap Metal and related materials and Grinding, Shredding and Storage of Tree, Leaf and related Organic debris including the coloring of created mulch material and Storage of Compost on site, which can later be sold to other parties. In addition, the Petitioners are also asking to be allowed to operate a Material Recovery facility/Trash Transfer Station for Recyclable items that can include Appliances, Paper, Plastic, Paint and Glass materials as well as the storage of Trash/recyclable containers along with a Environmental Education facility on property presently zoned "GF' General Industrial District. SECTION IL 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 consist 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; 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/Timothy A. Rouse Member of the Common Council