Special Exception - 54755 Oak Rd. South Bend, IN 46628

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RESOLUTION NO. 2697 -98 A RESOLUTION OF THE COMMON COUNCIL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF HERRMAN & GOETZ, INC., HERETOFORE FILED WITH THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 54755 OAK ROAD, SOUTH BEND, INDIANA 46628. WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14-1.5-5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The Common Council has provided notice of the hearing on the petition of Herrman & Goetz, Inc., (heretofore filed with the Board of Zoning Appeals) pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special use be granted for the property located at 54755 Oak Road, South Bend, Indiana 46628 in order to permit the location and use of a portion of said property for the following industrial uses: gravel, rock, stone and /or sand extraction; crushing, washing or sorting. Section II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the Petition of Herrman & Goetz, Inc., heretofore filed with the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. Section III. The Common Council of the City of South Bend, Indiana hereby finds that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special use will not be affected in a substantially adverse manner;