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? <br />is located is zoned General Retail and this establishment is required to have <br />sufficient parking; previously the city took the owners to court to make them <br />pave the parlcing area at which time the existing fence was required and plans <br />were approved. Shortly after that the property was foreclosed on and the <br />improvements, other than the fence, were never made. Since this approval, the <br />zoning codes have been changed and some additional changes are required. Mr. <br />Waring read Section 1139.01, paragraph (k) which deals with dance halls, and <br />reads "....providing the building in which they operate are sufficiently sound <br />insulated to confine effectively the noise to within the building so used." He <br />stated that this has never been the case in this building. In response to Mr. <br />Orl.owski's question, Mr. Waring stated that he did not think a mound planted with <br />a type of conifer tree would insulate enough so that he would not hear the <br />constant thump of the i?iusic. He maintained that he can hear this a block away <br />from the club with the windows closed. Mr. Hamdon, who abuts the Nightfall <br />property, also has problems with the noise level, stating that he was awakened at <br />1:45 a.m. this past weekend. He stated that the noise is even worse from the <br />second floor of his house. He maintained that if the surface is paved it would <br />increase the noise level. He did not believe that such a mound would help <br />alleviate the noise that can be heard upstairs, it might help downstairs, and <br />believed that the problem would have to be addressed from inside the building. He <br />objects to having the parking lot in the rear since he can hear everything that <br />goes on like it was in his back yard. He also complained because the club <br />operators put their debris on the Hickory Lane side where it can be seen by <br />anyone driving down the street, and there is also a safety problem since the <br />railings have been removed from a deck in the rear. He also believed that pa.ving <br />the rear area will increase the drainage problems the neighbors have at present <br />in their back yards. Assistant Law Director Dubelko advised that the soundproof <br />code applies to dance halls, not to bars, so this would have to be classified as <br />a dance hall by the Building Commissioner. Mr. Plona, who lives directly behind <br />the bar, listed other problems: noise seems to echo between the-bar and his home; <br />men 1]rlilate D2n1na tile Dllllaing; cirlvers scro <br />though the area is biocked off; customers sci <br />jtunped over the fence into his back yard; and <br />awakens him in the middle of the night. The n <br />invited the poiice into his bedroom to hear it <br />agreed it was a problem, their report stated t <br />He can actually sing along with the music when <br />bar and his home are closed. The proposed pl? <br />problems. He is totally opposed to any parking <br />he too has drainage problems, even though he ha <br />Mrs. Hamdon agreed that the character of the <br />she wanted in her neighborhood; that these pl< <br />the neighborhood and might help alleviate some <br />the interior noise emanating from the buildinE <br />asked that the forester supervise the removal 1 <br />unless they have to be, and requested that thi <br />the sidewalk. She appreciated the 15 foot buf: <br />would like the moundirg with trees planted 10 <br />more parking spaces be added than what is actu <br />the City Engineer review the drainage to allevi <br />and also pointed out that if snow is piled bet <br />more water problems. Vice Chairman Orlowski <br />drainage and they are required to keep their <br />Martin advised that the planned retention syste <br />2Ct1 C3r tlY'eS OII trie gre.Vel even <br />eam, slam car doors; one person <br />zoise from the dumpster frequently <br />)ise level was so bad one night he <br />although at the time the police <br />lere was "no cause for complaint". <br />the doors and windows of both the <br />ns will not alleviate these noise <br />Dr traffic behind the building and <br />3 installed a new drainage system. <br />customers of the bar was not what <br />ns will upgrade the aesthetics of <br />noise but will do nothing to stop <br />which is the ma jor probler,i. She <br />)f trees so that none are cut down <br />y also remove the shoddy grass on <br />er that is shown on the plans and <br />.'oot on center. She asked that no <br />illy required; and requested that <br />ite the problems of the residents. <br />ind the builcling it could present <br />stated that they show plans for <br />aater on their own property. Mr. <br />i would eliminate the flooding. <br />3