03-08-04 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee March 8,2004 Page 3 Administration believes that the request with the commitments to be provided would not constitute a transfer station. Dumpsters would be handled at the site. The Council Attorney asked Mr. Fozo what definition was being used for a"transfer station",noting that the term is not defined in the Zoning Chapter of the South Bend Municipal Code,but that it is defined in Chapter 4 addressing licensing. Mr. Fozo confirmed that"transfer station" in not defined in the zoning ordinance and that the operation with the commitments would not be required to be licensed under the local city ordinance. Council Member Kuspa expressed concern in light of the fact that"transfer station"was used throughout the petition and resolution pending before the Council. Mr. Thomas M. Walz,the attorney for the petitioner Juno!!Ltd. then addressed the Committee. He stated that they are seeking a special exception for the use of the containers. His client acquired the property on Webster and plan to make"extensive rehabilitation"to it. He noted that the sent a letter dated March 4, 2004 to Catherine Brucker(copy attached)which among other things to limit their request to permit the storage of dumpster containers overnight for transportation to the applicable landfill the next business day; and to not transfer from one container to another. Mr. Walz then circulated a letter dated March 5, 2004 from Aim-Carol Nash in the Department of Law(copy attached) which states among other things that"...it does not appear that your client's operation will fall within the definition of a transfer station, and it will not require a license under Section 4-51 of the South Bend Municipal Code". Mr. Walz also circulated a letter dated March 8, 2004 from Donald F. Fozo,Building Commissioner which states in part that"It is this office's opinion that the proposed use and commitment on the use would not classify the operation as a transfer station". Since the property is zoned E-Heavy Industrial a special exception would be required. Mr. Walz stated that he does not believe that this would impact the residences;that there would be no fossil waste involved;that they plan to address drainage and black top the area; renovate the offices,etc. He noted that it would be an undue hardship if they do not get the special exception. Construction waste needs to be addressed and his client would do that. He stated that Michigan landfills may not be accepting out-of-state waste in the future; and that it takes an hour each way to travel to the local landfill whose hours are 7-4. The Council Attorney noted that Section II of the resolution as presented written does not address any of the commitments referenced by Mr. Walz. At a minimum that section should have language such as "subject to the commitments set forth,in Section V of this resolution"