08/23/2005 Minutes - Laserfiche WebLink

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Mr. Rymarczyk and Mr. Durbin had no additional comments than what was previously submitted. Mr. O'Malley advised the Commission that the same matter was presented once before. This was for a conditional use permit and not for a determination of a special permit that was made by the Board of Zoning Appeals. The Planning Commission should make findings whether a conditional use permit should be granted by Council based on those factors. Although the matter was previously before the Commission, it is reappearing with further additional notice being issued. Daniel Kolick, attorney with Kolick & Kondzer, Angelo Pappotto, principal with Suburban Collision, James Orr, general contractor, Rob Gray, Sherwin Williams, Dan Woody, ATC associates are present to address this proposal. The client is requesting a small addition to the building. In 1991, the Planning Commission unanimously approved a conditional use permit for vehicle repairs pursuant to Ord. 1139.02 (1) (d)); however, the Building Department requested this matter be addressed again with the addition. However, Mr. Kolick said they are returning with the exact same project and are asking for duplicate approval. He informed the Commission that Board of Loning Appeals has already granted a special use permit. He said that the requirements for a conditional use permit are very siinilar to those of a special use permit. Mr. Kolick said his client is proposing to move the two paint spray booths, currently at the Dover Center Road facility to the new facility on Brookpark Road. He said this will eliminate a lot of traffic by not having to move vehicles from one location to another. Mr. Kolick indicated that Suburban Collision has been a long time business in the community. They addressed how they will meet the requirements listed in Zoning Code Section 1118.03 - Business and Industrial District Standards. Mr. Kolick said they are a modern state of the art facility. They will not be close to a school or church, booths will be completely enclosed, will meet all EPA requirements, and booths will be explosion proo£ He further stated that this facility will be safer than the one currently on Dover Center Road. Hours of operation will be from 8- 5:15 p. m. Mr. Koliclc said the applicant has attempted to deal with the issues raised by the neighbors. He provided the Commission with photographs of the building and their relationship to the neighbors. He said the residents are concerned that the building is too close to their homes and that there is potential for paint fumes and fire. The City requires that it be 50 feet away from the residential lot lines. Mr. Kolick said his client is actually 150 feet away. The Building Department has never received any complaints about odor in over thirty years. The paint booths are self-contained galvanized steel containers with state of the art ventilating equipment. These are licensed by the EPA and comply to all laws. Dan Woody, a Certified Industrial Hygienist from ATC Associates (ATC), credited by American Board of Industrial Hygiene was hired by Suburban to perform air monitoring of chemicals used to access current odor conditions. He collected samples in various locations in and around tlie facility. He tried to choose chemicals with the highest vapor pressure that would stay in the air and noted nothing was detected. The ACT representative used a Photovac Photo-ionization detector to collect real-time readings as well as Summa Canisters. These are vacuum canisters set by the laboratory. They were placed in a downwind direction; however, on the day this test was performed the wind had shifted. Indicators such as flags and puffs of smoke were used to specify how the wind was moving. They tried to create a scenario that would capture the greatest opporiunity to capture contaminants. Canisters were placed in the mixing room and the paint booth. He referred to the report produced following the testing. In stuiunary, the data clearly indicates that the facility is not generating odors and highly unlikely that it would be any different at the new facility. Mr. Yager questioned how active 2