10/25/1994 Minutes - Laserfiche WebLink

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asked the Building Department if it were permitted. He noted that this business had taken over the adjacent unit, and stated that his department had no complaints, but he cannot speak for the Police. In response to Mr. Gorris' question, Mr. Conway stated that, in his opinion, if the Commission granted this permit, it would be just for this particular site, not any other shop that would come in later. Assistant Law Director Dubelko stated that he would have to research that and would get back to the Commission on that. Mr. Gorris noted that since this business had been there for a year and a half with no complaints, he would be inclined to grant the permit, but he would have a concern if another business came in and were not as responsible. Mr. Conway advised Ms. Cameron-Alston that the Fire Department was concerned because they had taken over another unit without the city being aware of it. Mr. Miller wondered if it were possible that there were no complaints because they were not doing the repair work at this time. In response to Mr. Thomas' question, Mr. Dubelko was not sure if the Commission could put a time limit on a conditional use permit and since this is a new concept in the Zoning Code he would like to discuss it with the Law Director and Mr. Conway. Mr. Thomas and Mrs. O'Rourke would both like a time limit placed on the permit, so that it would be a test period. It could always be renewed at a later date. Mr. Miller asked Councilinau Nashar, the Councilman for that ward who was in the audience, if he were aware of any complaints. He responded that he.had received no calls on it. Mr. Musco, a resident of the development to the rear, stated that some of the residents had been concerned about them doing repairs, especially siuce their park backs up to this property, but in the year that they have been there. they have not caused a problem. He stated that the customers who came to the shop had not caused a problem, but they are concenied about noise during. repairs and wondered if they could use some kind of mu$ler to cut down on the noise. Mr. Clemens responded that there would be no universal type of muffler, he does not think that this would be as noisy as a gas station since they only have a one horse power air compressor, they use mostly hand tools and an electric motorcycle lift. They would take the motorcycles out of the front of the building, not out of the back next to the park. He advised Councilman Nashar that their hours of operation would be Tuesday through Friday, 11:00 a.m. to 8:00 p.m., Satuxdays 11:00 a.m. to 6:00 p.m. and Sundays 11:00 a.m, to 5:00 p.m. He leaves at the end of business hours to discourage people hanging out in the parking lot. They again explained that they do light maintenance, and perform all wark inside the east side of the building and that all doors are closed when they do the work. They did do some repair work from April until 7u1y when they were told to stop. Mr.. Nashar stated that during those months he dicl not receive any conaplaints from Bretton Woods, the development to the rear. He is concerned about the noise from the big Harley's and wondered if a resonator could be put on them. Mr. Clemens stated that this was to put the fiunes out the door and they, did not believe it would stop auy noise. Mr. Miller asked if fencing or mounding could be installed on the asphalt area in the back. Mr. Conway stated that fencing could be installed where the asphalt stops, but there is about 50 foot of trees behind that. There was concern that a fence could make the sound echo. The residents might be concerned about safety of a fence up to the sidewalk. Mr. Thomas would like to see if it would be legal to put a year time limit on the conditional use permit, and if there are a number of complaints the permit could be pulled. Ms. Cameron/Alston asked if the Plauning Commission should be concerned about the disposal of the solvents and oil, or as to whether or not the building is equipped to handle gasolin.e storage etc. Mr. Dubelko directed that question to the Building Commissioner, but he will look at that issue when he was checking on the time limit. Mr. Conway responded that this would fall under the Ohio State Building Code aud is enforced by the Building Department. The conclitional use permit will be referred to Council. Mr. Musco advised that the residents did not really know that they were doing any work during the months they were doing it. Iu response to Mr. Musco's questions, Mr. Thomas did uot believe that a conditional use permit could restrict the type of repair work that could be done, it is up to the Building Department to uphold the codes and ordinances and there are noise ordinances under wluch 9