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record) along said right -of -way line, a distance of 617.66 feet to a <br />found 5/8" rebar at the Southwest corner of the survey parcel; thence <br />North 00 003 "39' East a distance of 786.51 feet to the point of <br />beginning, containing 8.58 acres more or less. <br />Subject to all public highways and easements of record. <br />in order to permit a special exception to allow a metal recycling facility in a "GI" General <br />Industrial District. <br />SECTION II. Following a presentation by the Petitioner, and after proper public hearing, <br />the Common Council hereby approves the Petition of the South Bend Board of Zoning Appeals, <br />a copy of which is on file in the Office of the City Clerk. <br />that: <br />SECTION III. The Common Council of the City of South Bend, Indiana hereby finds <br />1. The approval will not be injurious to the public health, safety, morals, and general <br />welfare of the community;_ <br />2. The use and value of the area adjacent to the property included in the special <br />exception will not be affected in a substantially adverse manner; <br />3. The need for the special exception arises from specific conditions peculiar to the <br />property involved; <br />4. The strict application of the terms of the Zoning Ordinance will constitute an <br />unnecessary hardship if applied to the property for which this special exception is <br />sought; and <br />5. The approval does not interfere substantially with the Comprehensive Plan <br />adopted by the City of South Bend. <br />SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the Office of the City <br />Clerk. <br />SECTION V. This Resolution shall be in full force and effect from and after its adoption <br />by the Common Council and approved by the Mayor. <br />Filed in Clerk's Office <br />NOV 2 4 2004 <br />S0. <br />Member of the Common Coun <br />PRESENTED <br />NOT APPROVED <br />ADOPTED 1--1`6 —a57 <br />