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REGULAR MEETING SEPTEMBER 27, 2010 <br /> <br /> <br /> <br />requesting that a Special Exception be granted for the property located at: 3700 S. <br />Gertrude St. in order to permit the installation and operation of a resource recover <br />facility. <br /> <br /> SECTION II. Following a presentation by the Petitioner, and after proper public <br />hearing, the Common Council hereby approves the petition of the South Bend Board of <br />Zoning Appeals, a copy of which is on file in the Office of the City Clerk. <br /> <br /> SECTION III. The Common Council of the City of South Bend, Indiana, hereby <br />finds that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, <br />comfort, community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent <br />area or property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in <br />which it is located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of <br />South Bend Comprehensive plan; all of which is requested by the South Bend Municipal <br />Code §21-09.03 <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the <br />reasonable conditions established by the Board of Zoning Appeals which are on file in <br />the office of the City Clerk. <br /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />th <br />Councilmember White made a motion to accept the 4 Substitute Bill as on file in the <br />Office of the City Clerk. Councilmember Varner seconded the motion which carried by a <br />voice vote of nine (9) ayes. <br /> <br />Councilmember Kirsits, Chairperson, Zoning & Annexation Committee, reported that <br />this committee met three times on this bill and sends it to the full Council with no <br />recommendation. <br /> <br />st <br />Mr. Richard Deahl, Attorney at Law, Barnes & Thornburg, 600 1 Source Bank Center, <br />100 North Michigan, South Bend, Indiana, made the presentation on behalf of Randy <br />Schlipp, owner NRJ Real Estate, LLC. <br /> <br />Mr. Deahl thanked the Council for their devotion and attention that they have given to <br />this bill. Mr. Deahl stated that this project has not changed from the original hearing at <br />the Area Board of Zoning Appeals nor has it changed from the last Council meeting and <br />that is because the petitioners have put a lot of thought and preparation into this project <br />which is no small endeavor. Considerable thought has gone into this project to address <br />concerns that the Council and neighbors might have. The Schlipps are putting in a piece <br />of equipment that costs $6 million dollars to enhance their site on Gertrude Street and to <br />enhance their business and thrive at this location. This investment of over $6 million <br />dollars is a catalyst for new employment, 18 new jobs on day one and 30 within two <br />years and a platform to help Gertrude St. Metal Recycling for years to come. One thing <br />that they do appreciate is the Council taking a look at is what is happening today at <br />Gertrude St. Metal Recycling, it is not merely an auto salvage yard, or a junk yard, it is <br />primarily and industrial business that take place out their today. A number of trucks <br />come and go with crushed trucks, cars that are not drivable that are crushed today, <br /> 22 <br /> <br />