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<br />will show it set back from the sidewalk. Mr. Neff maintained that if the water <br />floods under a maximun storm, it would not flow over the sidewalk. He cannot give <br />the actual distances without the larger plans. Mr. Tallon stated that the <br />Commissian approved the basin 30 feet off the sidewalk, but because of this error <br />it will be right up to the walk. He is concerned that children will climb the <br />fence. Mr. Neff pointed out that there are employees on the propertym It was <br />decided to get the working drawings from the Building Department. <br />In the meantime, Chairman Gorris decided that the next item should be heard. <br />North Olmsted Auto Body, 29587 Lorain Road. <br />A request for a conditional use permit to construct an auto body shop in a <br />General Retail Business District and, if granted, a review of the building <br />proposal. Conditional use permit required Ord. 90-125, Section 1139.02(d). <br />Mr. Mongello, architect, advised that they are before the Commission to request <br />a conditional use permit to construct an auto body shop on Lorain Road. He has <br />been ad:vised by the Councilman that many neighbors are opposed. It was noted that <br />there are 55 residents present. He explained the proposal: the existing <br />landscaping will be retained; the area will be fenced; automobiles to be repaired <br />will be kept in a fenced in enclosure.. This owner does not ha,ve a reputation for <br />keeping cars in the front of his existing business as do many other such <br />facilities. They will follow the forester's advice as to what trees should be <br />kept. Members questioned if this is a permitted use. Assistant Law Director <br />Dubelko advised that this is not absolutely a permitted use, but can be permitted <br />with the granting of a conditional use permit providing the proposal would comply <br />with the standards set forth in the code. It was clarified that this is the <br />vacant lot=-east of the building that is on the corner of Christman Drive and <br />= Lorain Road: Chairman Gorris read the standaxds set forth in Section 1118.03 <br />-(items a through f). Mr. Skoulis asked for an interpretation'of item a. Mr. <br />Dubelko read tha,t condition: The proposed use is necessary to serve the community <br />needs, and existing similar facilities located in a less restrictive or more <br />remote district in which the use may be permitted by right are inadequate;" He <br />explained that would man if there were no other similar facilities located in a <br />less restrictive district (such as the Industrial District), which he would <br />interpret as a need type standard. The developer would have to show this need and <br />the Connnission would have to apply this standard to the facts. Councilman Nashar <br />stated that, along with the neighbors who are present, he has received many phone <br />calls and letters objecting to the proposal. He explained that this facility <br />would abut the Bretton Ridge recreational complex which would be affected by the <br />air and noise pollution, chemical smells and fumes, etc., coming from the <br />building, and there would be hazardous waste containers stored outside, and also <br />there would be the possibility of oil spills into the drainage system. He does <br />not believe that an auto body shop at this location would be desirable. T. Stroh, <br />president of the Home Owners' Association, objected to the proposal stating that <br />the debris could make the pool im-usable at times; and there is another auto body <br />shop approximately 1,000 feet west of this sitee Mr. Mongello asked the owner to <br />explain the standards required by O.S.H.A. and the E.P.A. which will be more <br />stringent next year. Mr. Popp, owner, stated that he needed more room than is <br />available at his present location, and he originally asked to build in the <br />Industrial Park, but was told that a retail use would not be permitted. He would <br />like to create a facility that was not as objectionable as other shops in the <br />axea. This business is needed and if this is approved, they would provide a <br />facility that would not disrupt the neighborhood and would improve the standards <br />of this business. Mr. Skoulis questioned the decision that this was not permitted <br />7