11-08-99 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 8, 1999 This bill had third reading. Councilmember Pfeifer made a motion to pass this bill. Councilmember Ujdak seconded the motion which carried and the bill passed by a roll call vote of six (6) ayes. RESOLUTIONS RESOLUTION NO. 2808 -99 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 AT 1511 PULASKI STREET, 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 thirty (30) days after the Board of Zoning Appeals makes its recommendation to the Council; 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; WHEREAS, the South Bend Board ofZoning 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 1511 Pulaski Street, South Bend, IN, in order to permit the use of the facility for the collection, storage of paper, and its related activities as contemplated by Section 21- 36(22). The existing facility is a former trucking terminal and petitioner wishes to renovate the buildings to permit the collection, storage and recycling of paper. The property is presently zoned E -f (Heavy Industrial). 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