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11/03/89 RESOLUTION N0. 89- 77 INTRODUCED BY: Mayor Carmen and Council as a Whole A RESOLUTION GRANPING A SPECIAL U-5 USE PERMIT TO JEANNE MEYERS TO USE CERTAIN PREMISES FOR AN AUTO BODY REPAIR SHOP AND TOWING SERVICE FOR AUTOMOBILES FOR A PERIOD OF THREE (3) YEARS AND DECLARING AN EMERGENCY WHEREAS, this Council has previously granted, by Resolution, a U-5 Use Permit to Jeanne Meyers for operation of an auto body repair shop and towing service for automobiles for the premises located at 744 S.O.M. Center Road, in Mayfield Village; and WHEREAS, the said premises is located within a use district zoned for office-laboratory use; and WHEREAS, the Mayor and Council acknowledge that, pursuant to the provi- sions of Section 1149.02 of the Codified Ordinances of Mayfield Village, entitled "Use District Exceptions", the Class U-5 use operated by Jeanne Meyers, known as Ken's Auto Body, should not be located in an office-laboratory zoning district; and WHEREAS, the operation of Ken's Auto Body preceded the current zoning and was thus originally established as a non-conforming use; and WHEREAS, the municipality has previously authorized the expansion of that non-conforming use by permitting the construction of new structures on the premises for the purpose of expanding its business use; and WHR.RF.aS, Jeanne Meyers has, at the insistence of the municipality, constructed certain improvements on the premises in order to minimize any adverse effects the use of the property might have in an office-laboratory district; and WfEREAS, Seanne Meyers has constructed such improvements in reliance upon the representations of the municipality that the previous special use permits were properly issued; and WHEREAS, the Mayor and Council have determined that the unique circum- stances set forth hereinabove create a situation where the municipality is estopped from applying the strict dictates of Section 1149.02 of the Codified