03-22-04 Council Meeting Minutes

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REGULAR MEETING MARCH 22, 2004 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 1020/1022 S. Webster, Tax ID#18-8021-084105; in the City of South Bend, County of St. Joseph, State of IN; Parcel Description 250 ft. N & S on Webster x 297 ft. E & W beg. 325 ft. S of SE Cor. Sample & Webster NW 1/2 14 37 2E, in order to permit a special exception to allow the placement of occupied storage containers overnight, subject to the conditions set forth in SECTION IV, which follow, on property zoned "E" Heavy Industrial and "F" Height and Area. 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 approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the property included in the special exception will not be affected in a substantially adverse manner; 3. The need for the special exception arises from specific conditions peculiar to the property involved; 4. The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which this special exception is sought; and 5. The approval does not interfere substantially with the Comprehensive Plan adopted by the City of South Bend. SECTION IV. Approval is subject to the Petitioner complying with the following conditions: 1. All containers stored overnight shall be securely covered to prevent loss or spillage of contents. 2. All containers, with contents stored on site overnight, shall be removed within 24 hours with exception of weekends when removal shall occur within 48 hours. 3. No transfer of contents shall be made. 4. Petitioner shall provide a written statement from the Indiana Department of Environmental Management (IDEM) confirming storage as described herein is not subject to or violative of IDEM's regulations by April 26, 2004. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Karen L. White -7-