08/23/2005 Minutes - Laserfiche WebLink

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Mr. Yager asked if the applicant spoke to abutting residents near the other locations. He indicated that he did not speak to anybody at Pepper Joe's restaurant. He further said if the exhaust is not on the west side it would not be a considerable factor. One of the problems is that other locations do not present the same scenario of having residents to the west. He collected both Summa Canister samples that are outdoors downwind and was very careful to be sure they remained downwind even though the wind direction shifted. Mr. Yager said he is encouraged that someone with an area of expertise would be sensitive to it and watch over it for the City and other residents. He said the Ohio EPA will not be regulating this facility on a regular basis; therefore, it will be the operator's responsibility to keep the facility in good shape to prevent complaints. Mr. Kolick wanted to clarify that Suburban is not a paint shop and does not paint entire cars. They are a collision vehicle repair shop that paints grills and fenders. Mr. Woody stated as far as geometric means established by the American Hygiene Association, from 191 studies of odors, there has been no odor detection. Significant tests have been performed to demonstrate that no odor was detected; however, if a person is overly sensitive they may be able to smell something. Mr. Woody said he is independent and has done quite a lot of studies and he stakes his license and certification on them. Mr. Byron Vine, a Leenders Lane resident who resides east of Mr. Covell's residence, said that even though this facility was mentioned that it would be explosion proof, accidents do occur. Although this is rare, it could burn down and kill people. Because these are located within 100 yards of residents, he questioned the Commission what would happen if the paint booth would explode. When he and his wife did research on other body shops with similar situations of having neighbors within a few hundred yards in a downwind direction, they could find none. Most of the active auto body facilities are far removed from neighbors. After visiting Bert's Auto Body, no complaints from neighbors were mentioned, however, they also discovered he never paints and occasionally does spot painting. He said this is typical of many auto body shops. He raised the issue of the paint smell and fire that occurred at Earl Shrieb location as well as paint fallout onto the houses and cars. Mr. Bohlmann said the fire occurred after Earl Shrieb closed. He indicated it was caused by a careless construction worlcer. He said the paint booths are Class I explosion proo£ Mr. Kolick informed the Commission that Earl Shrieb is an auto body paint shop and the two can't compare with each other and they did not even have paint booths. R. Koeth moved to recommend Suburban Collision Center be granted a conditaonal use permit for the proposed auto paint booths. R. Bohlmann seconded the motion. Roll call: Koeth, Bohlmann, J. Lasko, Hoff-Smith, Yager, Conaway - yes. Motion approvecl. During the vote, J. Lasko questioned if the Commission should confirm the prior vote of the Commission in regards to the development plan. yes, questioned B. O'Malley and asked if we need to ratify the prior action of the Commission because there was defect in the notice in order to set the record straight. B. O'Malley said that this could be done, but is not required. R. Koeth said he would not make that recommendation based on the statements made by the experts. J. Lasko said he recognizes the resident's concerns. At the same time, this is the reason we have the regulations pertaining to the setbacks. This particular proposal clearly meets an extraordinarily margin of safety. In addition to the expert testimony presented, we also have the opinion of our fire department in that they could safely handle any matter that would arise. J. Lasko moved to have the Commission ratify their previous recomuyendation made on June 14, 2005 that a special permit issued by Board of Zoning Appeals in connection with the proposed development in terms of business and industrial district stanclards. Hoff-Smith seconded the motion. Roll call: Lasko, Hoff-Smith, Koeth, Bohlmann, Conaway - yes; Spalding - abstained, Yager - no. Motion approved. 4