04/02/2018 Minutes - Laserfiche WebLink

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Proposal consists of a health and fitness club in the B-1 Local Business District. The proposed use is not a permitted use in B-1 per Section 1139.03. A use variance is requested. Mr. Aspery said the applicant is seeking to open a health and fitness club within the existing Bentley Coe Plaza multitenant shopping center. The proposed use is not a permitted use in Section 1139.03. Under the current zoning code, health and fitness clubs are prohibited in the B- 1 Local Business district, a conditional use in the B-2 Office/Service district and permitted in B- 3 General Business and B-4 Mixed Use Business districts. According to Section 1115.05 of the zoning code, health and fitness clubs are defined as "a building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities or other customary and usual recreational activities." Section 1139.01 of the zoning code states that the B-1 district, where this use is prohibited, is intended as "a location for convenience goods and services for residents of nearby neighborhoods," and that "allowed uses should be low intensity in nature, appropriate in scale and aesthetically compatible with the abutting residential character." Mr. Gamitov compared his proposed business to the larger fitness centers. The facility will be 3,500 square feet, have 375 to 500 members with approximately 45 to 75 customers visiting per day. They do not provide extra services and only have three employees. The facility will be open 24 hours per day for clients. Mr. Bercu, a Bentley-Coe plaza partner, pointed out that the property has been improved and tenants have been improved since he purchased the property in 2014. He believed the addition would be an upgrade for the community. Mr. Demeter, said the unit is the closest to his property. He was concerned about the facility being open 24 hours a day. He pointed out that the plaza has no screening and is at a higher elevation than the neighboring properties. He asked the owners to install screening shrubbery along the east and south sides of the plaza to block the view and noise. He described issues with different aspects with the plaza, delivery trucks, garbage trucks, construction, etc. Mr. Grenig agreed with Mr. Demeter. He had a fence installed and can still hear the children at the daycare in addition to the business services. Ms. Grenig requested that a solid fence be installed. Mr. Jeske confirmed with the applicant that the construction will all be interior. There used to be a row of arborvitae between the parking lot and his property which has been removed since he bought the home. The continuous construction and traffic flow around the plaza creates a nuisance for the neighbors. He requested a visual and sound barrier be installed between the plaza and the neighbors. Mr. Gamitov appreciated the neighbors' concerns. He confirmed that there will not be any deliveries or noise created by the club. He pointed out that approximately eight people will use the facility between 1:00 and 4:00 a.m. He is looking forward to being in the plaza for the long- term and the construction would be a one-time occurrence. Mr. Aspery stated that the Planning Department is in favor of the variance being granted due to the differences between the low intensity use of the proposed business and its small footprint and the traditional health and fitness clubs. He clarified that the neighbors' concerns should be