HomeMy WebLinkAbout5101-24 Resolution Denying the Issuance of a Scrap Metal Dealer License Application for Pegasus National RESOLUTION No . 5101-24
Passed by the Common Council of the City of South Bend, Indiana
November 25, 24
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Attest: City Clerk
Bianca L. Tirado
Attest: 1,01 1.m ' l `i- President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 26, 20 24
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City Clerk
Bianca L. Tirado
Approved and signed by me I Y 00,.3'r Z() 20 24
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Mayor
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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.
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.
hi C34elt
S aron L. McBride, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City e
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 26th day of November , 2024, at 12
o'clock p.m.
Bianca L. irado, City C er
Office of the City Clerk
Approved and signed by me on the li day of NIN40.31 , 2024, at if o'clock
f.m.
Jam Mueller, Mayor
Cit of South Bend, Indiana