02/09/1999 Minutes - Laserfiche WebLink

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approximately 130 degrees and electric powered. Mr. Tallon asked Mr. Rymarczyk if there was anything in the zoning code that resembled this? Mr. Rymarczyk indicated there was nothing in 1139.01 of the zoning code. Ms. O'Rourke questioned why it was zoned retail? Mr. Rymarczyk inclicated it was not retail, the majority of the business was not retail, because he has a limited amount of sales of product. Ms. O'Rourke suggested that everything in the store was for sale. Mr. Frederick thanked Ms. O'Rourke for the statement and indicated `?io matter how you slice the pie everything is for sale in the store". Whether you come in and purchase your supplies and leave or you purchase your supplies, stay and paint it there. Mr. Spalding questioned if people would be bringing their pottery in the store. Mr. Frederick indicated to the commissioners that no one would be able to just bring their pottery in to be fired. Mr. Brennan questioned if fabric stores in the area had do-it-yourself programs and wouldn't this be the same idea. Mr. Spalding indicated they do have such programs and it would be the same principal as going to a copy place, buying their paper, and copying your own material. Mr. Ryruarczyk suggested to the commissioners they were there to define the zoning code and make a decision if it's a similar use. The commissioners all agreed that it was indeed a retail business. Mr. Frederick reminded the commissioners that in the plauuing and zoning code book you list the words china, items for interior decorating, gifts and because of what he does it was splitting hairs. Mr. Brennan suggested when the proposal was first presented the building department was afraid it would be a place of pottery manufacturing. Mr. Dubelko inclicated to the commission that he would suggest that the inquiry does not end simply because you believe this is retail. The code 1139.01(k) inclicates that if the permitted use does not fall within A-J, the retail sale of other goods and merchandise as determined similar. In accordance with the provisions of section 1123.10, it is a provision where you determine whether or not the proposed use is like and similar. The key provision therein is the use does not create danger to health and safety. Nor does it create offensive noise, vibration, heat, dust, smoke, odor, glare or other objectionable influences to an extent greater then normally permitted uses in the same district. Mr. Tallon indicated, what he wants to get out is the pottery is not being made there now, but what happens in the future if he wants to make pottery there, then what. Mr. Dubelko suggested that in the ruling they should be somewhat specific, indicate this particular operation and describe it in some detail, as a like and similar use and is permissible, this will limit it in some fashion to what he proposes. Then you will have a record for somewhere down the road. Mr. Koeth inquired about the hours of operation. Mr. Frederick indicated the hours would be Tuesday through Saturday, from 11:00A.M. to 9:OOP.M. and Fridays from 1:00P.M. to S:OOP.M. Mr. Spalding then questioned if they would be conducting instructional classes. Mr. Frederick indicated that yes he would say there would be instructions. R. Tallon motioned on the artist for a day determination of similar use. They accept this as a like and similar use in the retail district. To include the restrictions the pottery and like is not made on the premises, no manufacturing of articles on the premises and this is strictly retail and instructional to that nature. Mr. Tallon then asked Mr. Dubelko if it covered everytlung. Mr. Dubelko indicated it covered it from one prospective but he had written out the following "permitting a retail pottery business including only the following retail activities, sale of pottery, painting of pottery, similar activities with pottery and firing of pottery," If there are kilns on the property they should be a reasonable size, and put some size limitation of those kilns. The flip side would be, no manufacturing." Mr. Dubelko then questioned Mr. Frederick about the size of 4