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.. •, . . ? PLANNING COMMISSION SEPTEMBER 26, 1989 PAGE 5 though the members agree with the neighbors, they must work within the law, but they can exercise some control over the property. Councilman Wilamosky read Section 1113.02 of the Zoning Code which reads as follows: "The purpose of the Zoning Code shall be to provide by the pro- visions hereinafter made for the orderly development of the land within the City and to provide in that manner for the public peace, health, safety, convenience, comfort, prosperity and general welfare of its residents and of the City". He requested that the Commission consider the safety, peace, health, and welfare of the residents. Mr. Thomas stated that he again moved to table the Nemeth Commerical Building pro- posal until we are provided more information concerning the number of additional seats that are in the Star Lounge and precisely how many addi- tional parking spaces they need, we would also like additional information concerning whether or not the license of the Star Lounge has been renewed or if it was a conditional renewal, and for how long, and to request infor- ma.tion on obtaining a consultant on sound barriers, and at this point updated plans will not be necessary, seconded by M. Betts. Councilman Bohlman then questioned if the Purpose Section read by Mr. Wilmosky would be strong enough to allow the Commission to deny this proposal.. Mr. Dubelko stated that it would not, that this section mainly states that there is a balance, that there is a right for a developer to orderly de- velopment of his property versus the need for the residents to be protected in the interest of safety. The Commission must address the safety within the parameters of the zoning code. Other issues must be addressed by other bodies in the city. Roll call on motion: Thomas, Betts, and Morgan, yes. Mr. Bierman and Mr. Knight, no. Mr. Thoma.s advised that it takes four affirmative votes to approve a motion. R. Bierman moved to approve the plans presented to construct an addition to a parking area at 29310 to 20352 Lorain Road, seconded by G. Knight. Roll call on motion: Bierman, Knight, and Betts, no. Mr. Morgan, yes. Mr. Thomas, abstained.. Mr. Dubleko advised that.an abstention is usually counted as a vote in favor of the majority which would make this a 4 to 1 vote. Mr. Thomas stated that was _ not his intention so he would change-his vote to "yes". Motion failed to pass. Mr. Dubelko advised that since a motion to pass has been defeated and a motion to table has been defeated, some action will have to be taken, some agreement must be reached. The Commission took a short recess. Mr. Betts moved that the Commission reconsider the recent motions and votes on those motions in regard to the Nemeth proposal and specifically recom- mend that we reconsider the original motion on the floor that in concept was a motion to table under certai.n stipulations as originally presented by Mr. Thoma.s. Mr. Dubelko commented that since the Commission's By-Laws indicate that the procedure and votes, must be done in accordance with Robert's Rules of Order, he believes that if a member voted in the majority he would have the right to move to reconsider-and this must be done at this meeting or the next, but it would be more appropriate to reconsider the last vote. M. Betts moved to reconsider the last motion submitted by. Mr. Bierman to approve the Nemeth proposal. No vote was taken since, after some discussion, it was decided that there would not be four affirma- tive votes to reconsider the.last motion. AZr. Thomas advised Pir. and Mrs. Nemeth that the development as submitted was not approved, but that they did have the right to re-submit and they do know what the Commission is looking for, that they do have a right to expand their parking lot, but the xesidents have a right to sleep. Mrs. Nemeth stated that it was the responsibility of the bar owner to control the noise coming from his customers, not theirs, but they would loc;k into the lease to see what they