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REGULAR MEETING DECEMBER 14, 1998 <br />the property located at 54755 Oak Road, South Bend, Indiana 46628 <br />in order to permit the location and use of a portion of said <br />property for the following industrial uses: gravel, rock, stone <br />and /or sand extraction; crushing, washing or sorting. <br />Section II. Following a presentation by the Petitioner, and <br />after proper public hearing, the Common Council hereby approves <br />the Petition of Herrman & Goetz, Inc., heretofore filed with the <br />South Bend Board of Zoning Appeals, a copy of which is on file in <br />the Office of the City Clerk. <br />Section III. The Common Council of the City of South Bend, <br />Indiana hereby finds that: <br />1. The approval will not be injurious to the public health, <br />safety, morals and general welfare of the community; <br />2. The use and value of the area adjacent to the property <br />included in the special use will not be affected in a <br />substantially adverse manner; <br />3. The need for the special use arises from specific <br />conditions peculiar to the property involved; <br />4. The strict application of the terms of the Zoning <br />Ordinance will constitute an unnecessary hardship if applied to <br />the property for which this special use is sought; and <br />5. The approval does not interfere substantially with the <br />Comprehensive Plan adopted by the City of South Bend. <br />Section IV. Approval is subject to the Petitioner complying <br />with the reasonable conditions of the South Bend Common Council <br />and the Commitment Regarding Use and Development of Real Estate, <br />both of which are on file in the office of the City Clerk. <br />Section V. This Resolution shall be in full force and <br />effect from and after its adoption by the Common Council and <br />approval by the Mayor. <br />/s /Sean Coleman <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. <br />Council Member Hosinski reported that the Zoning and Annexation <br />Committee had met on this bill and recommends it to the Council <br />favorable. Ann Carol Nash, assistant city attorney, made the <br />presentation for the resolution. She reported that this property <br />was rezoned to E Heavy Industrial. She indicated the <br />jurisdiction on mining is not clear, and it was decided that it <br />should be classified as a special use. John Peddycord, attorney <br />for Herrman and Goetz, reported that the annexation and rezoning <br />of this property was initiated by the City of South Bend. He <br />indicated that Herrman and Goetz has agreed to the terms of the <br />commitment that was made at the time of the zoning. He indicated <br />there would be no operation or removal of sand or gravel at <br />night. He asked that the phrase special exception be changed <br />throughout the bill to special use. Council Member Hosinski made <br />a motion to accept the amendment, seconded by Council Member <br />Aranowski. The motion carried. Tom Kosel, 54166 Pine Road, <br />spoke against this resolution. He gave the history of this piece <br />of property. He asked how deep they would be able to mine and <br />how will it be monitored. Jeannette Dzikowski, 24085 W. Edison, <br />indicated she was opposed to this request for mining. She <br />indicated this will have a negative impact on their property <br />values. Ray Hollinger, indicted Herrman and Goetz was only going <br />to mine twenty acres and now its forty acres, and there are lots <br />of wells in the area that are only forty foot deep. Sandra <br />Elkins, 54478 Oak Road, indicated that the plans for Blackthorn <br />and the airport look like they want to put a road through our <br />1 <br />�7 <br />1 <br />