HomeMy WebLinkAboutSpecial Exception - 300 Block of West Ewing AvenueAttest:
RESOLUTION
3550 -06
Passed by the Common Council of the City of South Bend, Indiana
January 9,
1.
r•
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 10,
Approved and signed by me
1•
January 12
OT 1•
City Clerk
RESOLUTION NO. 3 S Sa-o L
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE SOUTH BEND
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED IN THE
(300 BLOCK OF WEST EWING AVENUE, SOUTH BEND, INDIANA)
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 pursuant to I.C. 36 -7 -4- 918.6; 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 from the Board of Zoning
Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property
located at:
(300 BLOCK OF WEST EWING AVENUE, SOUTH BEND, INDIANA)
in order to permit
The Approval of a Special Exception to allow the operation of a facility
for the Crushing, Grinding and Storage of Concrete, Asphalt, Scrap Metal
and related materials and Grinding, Shredding and Storage of Tree, Leaf
and related Organic debris including the coloring of created mulch
material and Storage of Compost on site, which can later be sold to
other parties. In addition, the Petitioners are also asking to be
allowed to operate a Material Recovery facility /Trash Transfer Station
for Recyclable items that can include Appliances, Paper, Plastic, Paint
and Glass materials as well as the storage of Trash/ recyclable
containers along with a Environmental Education facility on property
presently zoned "GI" General Industrial District.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby
approves the petition of 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 proposed use will not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent area or property values
therein;
3. The proposed use will be consistent with the character of the district in which it is located and the
land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive
plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i).
SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the
Board of Zoning Appeals which are on file in the office of the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and
approval by the Mayor.
Member of the C non Council
NOT APPROVED
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Filed in Clerk's Office
2 3 2005
CITY CLERK, 50. BEND, IN
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND
BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED IN THE
300 BLOCK OF WEST EWING AVENUE, SOUTH BEND, INDIANA
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation.
Roland Kelly
Chairman