12/09/2009 Minutes (2) - Laserfiche WebLink

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drainage, under-drainage, and curbing. The Engineering report states a minimum of 70% of the lot is in poor condition and must be replaced. The Commission has not received a reasonable set of plans to review. Mr. Lasko said even if the parking lot was repaired in accordance with the drawing, it would still not address Mr. Bohlmann's underlying concerns about whether or not other areas on that site would be corrected. It would leave many issues unresolved and it would still be beyond the purview of the Commission to address as part of the request for conditional use. The Commission could be making this decision with no plans to review. Ms. Wenger agreed the maintenance issues should be left to the Building and Engineering Departments. The Commission should be discussing the impact of use on the area; if this use could be perceived to cause a negative impact and then seek to mitigate the impact. Mr. Lasko agrees with Ms. Wenger. By virtue of the fact this space would be used as a place of worship, does this use, as opposed to an auto parts store or a pizza parlor, result in traffic or circulation patterns that would cause a hazardous condition for pedestrians or other vehicles on this site or adjacent sites? Ms. Meredith said this site has existing hazardous conditions for the church as opposed to another location. By allowing the church, vehicular and pedestrian traffic is increased. Mr. Malone said the same would be true of a hardware store or any retail establishment, which illustrates why the Commission should not be considering the parking lot as part of the review for this permit. The property maintenance violations will be fixed through legal means. Mr. O'Malley explained religious use is protected by federal law and should not be subject to any greater or unique requirements than any other use. The Commission put the owner on notice that it is not comfortable with proceeding until matters are corrected. They are being corrected. Sovereign Grace Church Senior Pastor Darren Lander said he appreciates the Commission's concern for the church and their partnership. Ms. Meredith asked Mr. Lander if language is included in their lease agreement concerning the parking lot and occupancy. Mr. Lander indicated clauses pertaining to both are being added to the agreement. Mr. Lasko asked Mr. O'Malley if the Commission evaluated 1118.03(a)-(fl concerning the use, would it be within the Commission's authority to add the resolution of parking lot and lighting issues to the satisfaction of the Building Department as an additional condition for occupancy and use? Mr. O'Malley said 1118.03 refers to how the use may adversely affect adjacent sites. He agrees with Ms. Wenger regarding subsection (d) concerning on-site and off-site traffic; it is related to the proposed use. This request is not a development plan review and should not linlc occupancy or conditional occupancy to the satisfaction of any condition. Mr. O'Malley concedes there are existing hazardous conditions for pedestrians; however, this use is appropriate and meets these standards so long as there are no hazardous conditions. Assuming these hazardous conditions do not exist then it would meet the conditions of this conditional use permit. Mr. O'Malley assured the Commission that the courts are taking property maintenance cases seriously and are imposing steep fines in cases where work is not completed. Ms. Williamson said the church is a good occupant but she has the same safety concerns as other Commissioners, specifically the parking lot. Mr. Lasko understands the Commission's concerns however votes should be based on the limited scope of review as it pertains to the proposed conditional use versus other site issues. Those conditions are the responsibility of the Building Department and the legal system to enforce. 3