01/27/1987 Minutes - Laserfiche WebLink

Home Browse Search

_' ?... PLANNING COMMISSION JANUARY 27, 1987 PAGE 6 VI. COMMITTEE REPORTS: No items. VII. NEW BUSINESS: No items. VIII. OLD BUSINESS: 1) Building Depar•tment Report on Kenny King Restaurant Screening. Building Commissioner Spino read report pertaining to the screening of the Kenny King property from the adjacent residential property wherein he advised that the earth mound which stiields people to the south appears to be satisfactory; however, there have been complaints that the board on board fence which shields neighbors to the east has not been satis- factory since automobile lights do shine through the fence into the home to the east. He pointed out that even though a board on board fence was stipulated, the developer did, because of complaints, change to a solid wood fence (referred to as stockade). Neighbors still complained about the lights. These complaints were passed on to the construction consultant who subsequently advised that the developers would not spend any more money or time on this projeet. Bonnie Sclimitz, -the neighbor on Deeker Road who is the most affected, explained that when this proposal was originally, discussed there were to be two fences, one on the Halleen side and one on the Kenny King side of their common property line. The Halleen fenee had to be removed during the con- struction of Kenny Ki.ngs, and that at the December 9tti Planning Com- mission meeting, Mi. Salisbury, attorney for Kenny Kings, stated that the Halleen fenee had been, reinstalled on the top of Kenny King's retaining wall. When she called the Building Department because boardswere being removed from wtiat she thought was the Halleen fence, she was advised that this fence bel'onged to both Halleen and Kenny King, the seetion..of the fence from Kenny King's dumpster to the top of the Halleen building belonged'to Kenny Kings and the portion from there to the point =.closest to Lorain Road was again Halleen's. Mrs. Sehmitz claims she can still see lights through the fence,and ean . hear the drive through attendants taking.orders because the speaker is directed toward her property. The minutes stated that the speaker was to be directed away from the residential property and she listened to the tape of the April 22nd meeting where it stated the speaker would be directed to the southwest (away from her property.). She also advised th?at the dumpster was not placed in the enclosure. Since they are operating on a temporary occupancy, she questioned if their occu- pancy can be taken away because they are not in compliance with the stipulations of Council and the Planning Commission. She also stated that she has been advised that nothing can be done regarding the smell of chicken frying which permeates the neighborhood. Councilman Wilamosky verified that the dumpster is not in the enclosure and that car lights do penetrate the fence. He; too, understood that there were to be two fences and questioned who did not put up a fence. He stated that these goals should be met before granting any permanent occupancy. Councilman Tallon stated that Mr. Halleen had requested