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REGULAR MEETING FEBRUARY 13, 2012 <br /> <br /> <br /> <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 /> <br />Councilmember Oliver Davis, Chairperson, Zoning & Annexation Committee, reported <br />that this committee held a public hearing this afternoon on this bill and voted to send to <br />the full Council with a favorable recommendation. <br /> <br />Mr. Mark Lyons, Building Department, 125 S. Lafayette Blvd., South Bend, Indiana, <br />presented the report from the Area Board of Zoning Appeals. <br /> <br />Mr. Lyons advised that the petitioner is seeking a special exception to allow three (3) 90’ <br />radio communication towers in a β€œLI” District, on property located at 3826 Nimtz <br />Parkway. He stated that the Area Board of Zoning Appeals held a Pubic Hearing on <br />January 2, 2012 and sends this bill to the Common Council with a favorable <br />recommendation. <br /> <br />Ms. Kerry Wallace, Charles S. Hayes, Inc., 814 Marietta Street, South Bend, Indiana, <br />made the presentation for this resolution. <br /> <br />Ms. Wallace advised that they intend to construct three (3) ninety (90) foot self support <br />radio communications structures at a site that is owned by Charles S. Hayes, Inc. at 3826 <br />Nimtz Parkway in South Bend. She stated that this project will supplement an existing <br />facility at they have at that location. Ms. Wallace stated that it will be designed as a <br />global communication hub to be part of a wireless network providing data <br />communications covering large international areas. She noted that it will further develop <br />their market to new technologies utilizing fiber optics and other data interfaces promoted <br />in the area to be part of a global network. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />There being no one present wishing to speak in favor or opposition to the resolution at <br />this time. Councilmember White made a motion to adopt this resolution. <br />Councilmember Oliver Davis seconded the motion. The resolution was adopted by a roll <br />call vote of nine (9) ayes. <br /> <br /> <br />BILL NO. 12-06 A RESOLUTION OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND, INDIANA, <br />APPROVING A PETITION OF THE AREA <br />BOARD OF ZONING APPEALS FOR THE <br />PROPERTY LOCATED AT 17917 SR 23, SOUTH <br />BEND, INDIANA <br /> <br />Councilmember Varner made a motion to continue this bill until the March 26, 2012. <br />Councilmember Oliver Davis seconded the motion which carried by a voice vote of nine <br />(9) ayes. <br /> <br /> 16 <br /> <br />