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i <br />RESOLT7TION N0. 86- 31 <br />INTRdDUCED BY: Mayor Carmen and Council as a Whole <br />? <br />? <br />? <br />A RESOLUTIOIV GRANTING A SPECIAL U-5 USE <br />PERMIT TO JEANNE MEYERS TO USE CERTAIN <br />+ PREMISES FOR AN AUTO BODY REPAIR SHOP <br />AND TOWING SERVICE FOR AUTOMOBILES FOR A <br />PERIOD OF THREE (3) YEARS AND DECLARING <br />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 repair <br />shop and towing service for automobiles for the premises located at <br />744 S.O.M. Center Road, in Mayfield Village; anc7 <br />WHEREAS, the said premises is located within a use district <br />zoned for office-laboratory use; 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 be <br />located in an office°laboratory zoning district; and <br />WHEREAS, the operation of Ken's Auto Body precedec3 the <br />current zoning and was thus originally established as a non-conforming <br />use; and <br />WHEREAS, the municipality has previously authorized the <br />expansion of that non-conforming use by permitting the construction of <br />new structures on the premises f or the purpose of expanding its <br />business use; and <br />WHEREAS, Jeanne Meyers has, at the insistence of the <br />municipality, constructed certain improvements on the premises in <br />order to minimize any adverse effects the use of the property might <br />have in an office-laboratory district; and <br />WHEREAS, Jeanne Meyers has constructed such improvements in <br />reliance upon the representations of the municipality that the <br />previous special use permits were properly issued; and <br />WHEREAS, the Mayor and Council have determined that the <br />unique circumstances set forth hereinabove create a situation where <br />the 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 />WHEREASo the Mayor and Council have further determined that <br />in order to provide the best protection to the municipality, the <br />reissuance of the Special Use Permit should specifically grant such <br />Permit to Jeanne Meyers, personally, and only while she remains a <br />tenant on the premises; now, therefore,