5101-24 Resolution Denying the Issuance of a Scrap Metal Dealer License Application for Pegasus National

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BILL NO. 24-38 RESOLUTION NO. 5101-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING DENIAL OF A SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS LICENSES FOR PEGASUS NATIONAL, INC. PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers,junk dealers, and recycling operations; and WHEREAS,on November 19,2024, the Business License Administrator provided written notice to the City Clerk that the Scrap Metal Dealer/Junk Dealer/Recycling Operations Application for the following business: Pegasus National, Inc.: 1201 S. Sheridan St. has been reviewed for the year 2024; and WHEREAS, the license application for the above-referenced business received unfavorable recommendations from Neighborhood Services and Enforcement ("NSE") and Zoning Department; and WHEREAS, NSE raised the specific issue that the property does not meet the fencing requirements established by Section 4-51(1)(2)(b). Also, the requested use would be within 1,000 feet of an existing business,which would violate Section 4-51(d)(2)without a waiver approved by Council. WHEREAS, Zoning raised the specific issue that the proposed use is considered a heavy industrial use, and the applicant would need to obtain a special exception for the use,which would need to be approved by the Board of Zoning Appeals and Common Council, and that without such approval the proposed use would not operate in compliance with the City of South Bend Municipal Code, specifically its Zoning Ordinance, as required by Section 4-51(1)(1). WHEREAS,the special exception application has not been filed as of the date of filing this Resolution; and WHEREAS, the license application for the above-referenced business received favorable recommendations from the Police Department, and the Fire Prevention Bureau. WHEREAS, based upon the review of NSE and Zoning, the Business License Administrator recommends denial of the Scrap Metal Dealer/Junk Dealer/Recycling Operations/Application for the above-referenced business on the basis that the application does not meet the requirements of Section 4-51 of the South Bend Municipal Code, specifically, Sections 4-51(1)(2)(b), 4-51(d)(2), and 4-51(1)(1). WHEREAS,pursuant to Section 4-51(f)(1)the Common Council is permitted to "consider the effect or appropriateness of a scrap or junkyard upon the surrounding area." NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The license applications for the following businesses: Pegasus National, Inc.: 1201 S. Sheridan St. Is denied in conformity with South Bend Municipal Code Section 4-51 and based upon the review and inspection of the properties by Neighborhood Services and Enforcement, Zoning Department, Police Department, and the Fire Prevention Bureau as evidenced by the Business License Administrator's communication to the City Clerk dated November 19, 2024.