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12-09-13 Common Council Meeting Minutes
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12-09-13 Common Council Meeting Minutes
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REGULAR MEETING DECEMBER 9, 2013 <br /> <br /> <br /> <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA as follows: <br /> <br /> SECTION I. The Common Council has provided notice of the hearing on the Petition <br />from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that <br />a Special Exception be granted for the property located at: <br /> <br />5117 S. Ironwood Drive, South Bend, Indiana 46614 <br /> <br />in order to permit: a 158-foot wireless telecommunications tower at the 4-H Fairgrounds with an <br />aggregate access drive. <br /> <br /> <br /> SECTION II. Following a presentation by the Petitioner, and after proper public hearing, <br />the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, <br />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 finds <br />that: <br /> <br /> 1. The proposed use will not be injurious to the public health, safety, comfort, <br />community moral standards, convenience or general welfare; <br /> <br /> 2. The proposed use will not injure or adversely affect the use of the adjacent area or <br />property values therein; <br /> <br /> 3. The proposed use will be consistent with the character of the district in which it is <br />located and the land uses authorized therein; <br /> <br /> 4. The proposed use is compatible with the recommendation of the City of South <br />Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code §21- <br />09.03 <br /> <br /> SECTION IV. Approval is subject to the Petitioner complying with the reasonable <br />conditions established by the Board of Zoning Appeals which are on file in the office of the City <br />Clerk. <br /> <br /> SECTION V. The Resolution shall be in full force and effect from and after its adoption <br />by the Common Council and approval by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br />Councilmember Dr. Fred Ferlic, Chairperson, Zoning & Annexation Committee, reported that <br />this committee held a Public Hearing on this bill this afternoon and voted to send to the full <br />Council with a favorable recommendation. <br /> <br />Mr. Mark Lyons, Assistant Zoning Administrator, 125 S. Lafayette Blvd., South Bend, Indiana, <br />presented the report from the Area Board of Zoning Appeals. He advised that the petitioner is <br />seeking a special exception to allow a 158’ co-location communications tower in a “SF1” <br />District, on property located at 5117 S. Ironwood Drive. He stated that the Area Board of <br />Zoning held a public hearing on November 6, 2013 and sends it to the Common Council with a <br />favorable recommendation. <br /> <br />Shane Hennessy-York, Insite Inc, 2210 Midwest Road, Suite 213, Oak Brook, IL, made the <br />presentation for this bill. <br /> <br />16 <br /> <br /> <br />
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