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Filed in Clerk's Office <br /> N O V 19 2924 <br /> Bianca Tirado <br /> BILL NO. City Clerk, South Bend, IN <br /> RESOLUTION NO. <br /> A RESOLUTION OF THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND, INDIANA, RECOMMENDING DENIAL OF A <br /> SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES <br /> FOR PEGASUS NATIONAL, INC. PURSUANT TO SECTION 4-51 OF THE <br /> SOUTH BEND MUNICIPAL CODE <br /> WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations <br /> addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and <br /> WHEREAS,on November 19,2024,the Business License Administrator provided written <br /> notice to the City Clerk that the Scrap Metal Dealer/Junk Dealer/Recycling Operations Application <br /> for the following business: <br /> Pegasus National, Inc.: 1201 S. Sheridan St. <br /> has been reviewed for the year 2024; and <br /> WHEREAS, the license application for the above-referenced business received <br /> unfavorable recommendations from Neighborhood Services and Enforcement ("NSE") and <br /> Zoning Department; and <br /> WHEREAS, NSE raised the specific issue that the property does not meet the fencing <br /> requirements established by Section 4-51(l)(2)(b). Also,the requested use would be within 1,000 <br /> feet of an existing business,which would violate Section 4-51(d)(2)without a waiver approved by <br /> Council. <br /> WHEREAS, Zoning raised the specific issue that the proposed use is considered a heavy <br /> industrial use,and the applicant would need to obtain a special exception for the use,which would <br /> need to be approved by the Board of Zoning Appeals and Common Council,and that without such <br /> approval the proposed use would not operate in compliance with the City of South Bend Municipal <br /> Code, specifically its Zoning Ordinance, as required by Section 4-51(l)(1). <br /> WHEREAS,the special exception application has not been filed as of the date of filing this <br /> Resolution; and <br /> WHEREAS, the license application for the above-referenced business received favorable <br /> recommendations from the Police Department, and the Fire Prevention Bureau. <br /> WHEREAS, based upon the review of NSE and Zoning, the Business License <br /> Administrator recommends denial of the Scrap Metal Dealer/Junk Dealer/Recycling <br /> Operations/Application for the above-referenced business on the basis that the application does <br />