Approving the Issuance of an Amended License for a Scrap Metal Yard - Metal Resources Corp for Calendar Year 1984

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- RESOLUTION NO. II 110-21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROVING THE ISSUANCE OF AN AMENDED LICENSE FOR A SCRAP METAL YARD (METAL RESOURCES CORPORATION, 1147 PRAIRIE AVENUE) FOR CALENDAR YEAR 1984 AND WAIVING THE I,000_FEET REQUIREMENT OF MUNICIPAL CODE SECTION 4-51(d). WHEREAS, the Common Council of the City of South Bend recognizes the con- tributions that scrap metal operations make to the community; and the Council further realizes that such operations must be reasonably regulated in order to minimize any environmental or aesthetic nuisances which may be created by the operations of scrap metal yard operations within the City; and WHEREAS, the Common Council of the City of South Bend has enacted reasonable rules and regulations with regard to the issuance of licenses and the operations of scrap metal yard operations; and WHEREAS, in accordance with these rules and regulations, inspections of the scrap metal operation have been completed by the Department of Code Enforcement and the Fire Prevention Bureau and it has been found that such premises are fit and proper for the maintenance and operation of such a business; and WHEREAS, Metal Resources Corporation (formerly known as Bremen Iron and Metal Company, Inc. ) is the holder of a 1984 City of South Bend Scrap Metal Dealers license for operation of a scrap metal yard at 1147 Prairie Avenue, South Bend, Indiana; and WHEREAS, on March 16, 1984, Metal Resources Corporation petitioned the Board of Public Works to amend said license in order to expand the area of the scrap metal operation to a total of 15.728 acres by including two (2) portions previously exempted from Parcel I and approximately one-half (1/2) of Parcel II as shown on the attached Exhibit A, which 15.728 acres are specifically described in the legal des- cription attached hereto as Exhibit B; and WHEREAS, the two (2) previously exempted portions of Parcel I and the north one-half (1/2) of Parcel II are located within the 1,000 foot distance restriction of certain zoning districts set forth in Section 4-51(d) (2) of the South Bend Municipal Code but are not located within 500 feet of said zoning districts; and WHEREAS, the South Bend Common Council is the entity with the authority to waive the 1,000 foot distance restriction set forth in Section 4-51(d) (2) of the South Bend Municipal Code in order to permit the location of a scrap metal operation within 1,000 feet but no closer than 500 feet to said zoning districts; and WHEREAS, the Board of Public Works, at its meeting held on April 9, 1984, recommended the approval of the amended license subject to the authority of the Common Council to waive the 1,000 foot distance restriction. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That the amended license application for the following scrap metal yard operation be approved based upon the satisfactory review of the property by the Department of Code Enforcement on March 19, 1984 and the Fire Prevention Bureau on March 23, 1984 and subsequent favorable recommedation by the Board of Public Works and the waiver by the Common Council of the 1,000 foot distance restriction, in order to permit the expansion of the following scrap metal operation within 1,000 feet but no closer than 500 feet of restricted zoning districts: METAL RESOURCES CORPORATION, 1147 PRAIRIE AVENUE SECTION II. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Comm¢ry Council PRESENTED 64C^ S y NOT APPROVED ADOPTED ' v-a Y- c a-0 0 nta-r