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BILL NO. 142-21 <br />ORDINANCE NO. __________ <br />AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING <br />APPEALS FOR THE PROPERTY LOCATED AT 1165 S FRANKLIN STREET <br />______________________________________________________________________________ <br />STATEMENT OF PURPOSE AND INTENT <br />The Notre Dame Turbomachinary Laboratory seeks to install (1) a new, aboveground <br />storage tank with capacity of 5,000 gallons for Jet A aviation fuel and (2) two Airgas <br />CO2 storage tanks. Placing these tanks with require modifications to the currently <br />existing fencing and dumpster enclosure. <br />______________________________________________________________________________ <br />Petitioners desire to seek a Special Exception Use for Heavy Industrial for property located <br />1165 S. Franklin. <br />NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, <br />Indiana, as follows: <br />SECTION I. The Common Council has provided notice of the hearing on the Petition <br />from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, <br />requesting that a Special Exception be granted for property located at: <br />1165 S. Franklin Street 018-8021-084915 <br />In order to permit Heavy Industrial <br />SECTION II. Following a presentation by the Petitioner, and after proper public hearing, <br />the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a <br />copy of which is on file in the Office of the City Clerk. <br />SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds <br />that: <br />1. The proposed use will not be injurious to the public health, safety, comfort, community <br />moral standards, convenience or general welfare; <br />2. The proposed use will not injure or adversely affect the use of adjacent area of property <br />values therein; <br />3. The proposed use will be consistent with the character of the district in which it is <br />located and the land uses authorized therein; <br />4. The proposed use is compatible with the recommendations of the City of South Bend <br />Comprehensive Plan; <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the <br />Office of the City Clerk. <br />SECTION V. This Ordinance shall be in full force and effect from and after its passage <br />by the Common Council and approval by the Mayor, and legal publication, and full execution of <br />any conditions or Commitments placed upon the approval.