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REGULAR MEETING <br />.TANUARY 10, 2005 <br />SECTION V. The Resolution shall be in full force and effect from and after its adoption by the <br />Common Council and approved by the Mayor. <br />Charlotte D. Pfeifer <br />Member of the Common Council. <br />Corrncilmember Kuspa, Chairperson, Zoning and Annexation Committee, reported that this <br />committee held a Public Hearing on this bill this afternoon and voted to send it to the full <br />Cauncil with a favorable recommendation. <br />Mr. Donald F. Fozo, C.B.O., Building Commissioner, 125 S. Lafayette Blvd., Suite 100, South <br />Bend, Indiana gave the report From the Board of Zoning Appeals. <br />Mr. Fozo advised that Che petitioner Shapiro Sales is seeking a Special Exception to allow a <br />metal recycling facility, on property located at 2920 Sample Street, zoned "GI" General <br />Industrial. Mr. Fozo further advised that this bill is sent to the Council with a favorable <br />recommendation. <br />Mr. John H. Lloyd, Attorney, Piews, Shadley, Racher & Braun, 53732 Generations Drive, South <br />Bend, Indiana made the presentation for this bill on behalf of the petitioner Shapiro Sales. <br />Mr. Lloyd advised that the petitioner seeks a special exception to allow a metal recycling facility <br />in a "GI" General Industrial district, located at 2920 Sample Street, South Bend, Indiana. <br />A Public Flearing was held on the Resolution at this time. <br />There being no one present wishing to speak to the Council either in favor of or in opposition to <br />this Resolution, Councilmember Varner made a motion to adopt this Resolution. <br />Cauncilmember Kuspa seconded the motion which earned and the Resolution was adopted by a <br />roll call vote of nine (9) ayes. <br />RESOLUTION NO. 3408-OS A RESOLUTION OF THE COMMON COUNCIL OF <br />THE CITY OF SOUTH BEND, INDIANA, APPROVING <br />A PETITION OF THE SOUTH BEND BOARD OF <br />ZONING APPEALS FOR THE PROPERTY LOCATED <br />AT 3817 WEST WESTERN AVENUE <br />WHEREAS, Indiana Code Section 36-7-4-918.6 requires the Common Cauncil to give <br />notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention Co consider Petitions from the <br />Bo~ud of Zoning Appeals for approval or disapproval; and <br />WHEREAS, the Common Council must take action within thirty (30) days after the <br />Board of Zoning Appeals makes its recommendation to the Council and <br />WHEREAS, the Common Council is required to make a determination in writing on such <br />requests pursuant Co Indiana Code Section 36-7-4-918.4; and <br />WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, <br />pursuant to applicable state law. <br />NOW, THEREFORE, BE I"f RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, as follows: <br />17 <br />~n P11' <br />