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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 />Mr. Hennessy-York advised that they are seeking a special exception to allow a 158 foot wireless <br />telecommunications tower at the 4-H Fairgrounds with an aggregate access drive. He asked the <br />Council for their favorable consideration. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />There being no one present wishing to speak to the Council either in favor of or in opposition to <br />this Resolution, Councilmember Scott made a motion to adopt this Resolution. Councilmember <br />Gavin Ferlic seconded the motion which carried and the Resolution was adopted by a roll call <br />vote of eight (8) ayes. <br /> <br /> <br />RESOLUTION NO. 4305-13 A RESOLUTION OF THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND, INDIANA, APPROVING <br /> A PETITION OF THE AREA BOARD OF ZONING <br /> APPEALS FOR THE PROPERTY LOCATED AT 1020 <br /> WEBSTER STREET, SOUTH BEND, INDIANA <br /> <br /> WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give <br />notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the <br />Board of Zoning Appeals for approval or disapproval; and <br /> <br /> WHEREAS, the Common Council must take action within sixty (60) days after the Board <br />of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-7-4-918.6; and <br /> <br /> WHEREAS, the Common Council is required to make a determination in writing on such <br />requests pursuant to Indiana Code Section 36-7-4-918.4, and <br /> <br /> WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, <br />pursuant to applicable state law. <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 />(1020 Webster Street, South Bend, Indiana) <br /> <br />in order to permit: <br /> <br />The Approval of a Special Exception to allow for the operation of a Resource Recovery <br />facility/Transfer Station for property located at 1020 Webster Street in South Bend, Indiana per <br />Section 21-04.02(A)(2)(B)(D) of the City of South Bend Zoning Ordinance. <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 />17 <br /> <br /> <br />
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