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P.ESOLUTION N0. 82-81 (As Amended) <br />INTRODUCED BY: Mayor and Council as a Whole <br />A RESOLUTION GRANTING A SPECIAI: U-5 TJSE PERMIT <br />TO JEANNE MEYERS TO USE CERTATN PRENITSES TCR. AN <br />AUTO BODY REPAIR SHOP AND TOW2NG SERVTCE FOR <br />AUTOMOBILES FOR A PERTOD OF THREE (3) YEA;.?ZS AND <br />DECLARING AN EMERGENCY. <br />'WHEREAS, this Council has previously granted, by Resolution, <br />a U-5 Use Permit to Jeanne Meyers for operation of an auto body <br />repair shop and towing service for automobiles for the premises <br />located at 744 S.O.M. Center Road, in T'Iayfield Village; and <br />WHEREAS, the said pre-mises is located within a use district <br />zoned U-l, Single-Family House District; and <br />WHEREAS, the Mayor and Council acknowledge that pursuant to <br />the provisions of Section 1149.02 of the Codified Ordinances of <br />Mayfield Village, entitled "Use District Exceptions''', the class U-5 <br />use operated by Jeanne Meyers, known as Ken's Auto Body, should not <br />be locate3 in a U-1 zoning district; and <br />I-THEREAS, the operation of Ken"s Auto Body preceded the current <br />zoning and was thus originally estatilished as a non-conforming use; <br />and <br />GIHEREAS, the municipality has previously authorized the <br />expansion of that non-conforming use by permitting the construction <br />of new structures on the premises for the purpose of expanding its <br />b.usiness uses; and <br />WHEREAS, Jeanne PZeyers has9 at the insistence of the municipality, <br />constructed certain improvemerits on the premises in order to minimize <br />any adverse effects the use of the property might have in a U-1 District; <br />and GJHEREAS,.Jeanne Meyers has constructed sv.ch improvements in <br />reliance upon the representations of the municipality that the previous <br />special use permits were properly issued; and <br />WHEREAS, it would not be equitable or in the best interests <br />of justice to now refuse to reissue the special use permit to Jeanne <br />Meyers to continue the operation of Keri"s Auto Body; and <br />WHEREAS, the Mayor and Council have determined that the unique <br />circumstances set forth hereinabove create a situation where the <br />municipality is estopped from applying the strict dictates of <br />Section 1149.02 of the Codified Ordinances to the application of <br />Jeanne Meyers for a U-5 Special Use Permit; and <br />WHEREAS, the Ma,yox a,nd Council ha,Ve: '£uxth,ex dete_xmi:,ne.d t.b-at <br />in order to provide tlie best protection; to the mun%cipality, the