10/28/2003 Minutes - Laserfiche WebLink

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Law Department comments: 1VIr. O'Malley suggested that the commission provide Mr. Collins a copy of any minutes reflecting what was agreed to from the time Home Depot was first approved. Mr. Collins is a new manager and may not be aware of the restrictions that were imposed. Mr. Koeth read allowed the motions passed June 24, 2003; (T. Hreha motion to make it conditional that materials be kept within the storage area and that the walkway be kept clear in the front of the store. The motion was seconded by R Koeth and unanimously approved) second motion passed; (R. Koeth motion to approve the proposal with the conditions stating that materials must be contained in the storage area and the walkways kept clear. The motion was seconded by T. Hreha and unanimously approved). Mr. Collins indicated that he has tried to address the issues of items along the sidewalks and they will be kept clear. Mr. O'Malley questioned if the motion address outdoor storage and sales in the rear of the building as well or just the front of the building. All board members unanimously agreed that nothing is to be sold or stored outside the rear of the building either. Further comments from the board members: Mr. Koeth informed the applicant that the sidewalks and rear area are to remain clear. The commission has given you more space therefore, nothing is to be displayed, stored, or sold along the sidewalks or the rear area behind the building. Discussion of the ongoing problems of seasonal merchandise being sold along the sidewalks creating unsafe conditions for the store, pedestrians, and vehicles took place. The commission was very clear about not wanting any merchandise on any portion of the sidewalks. Mr. Hreha further suggested that Mr. Collins permanently post the restrictions in the main office so there can be no further misunderstandings when a new store manager comes along. Mr. Yager suggested that if Home Depot requires specific merchandise be displayed then they should incorporate a window so the merchandise can be seen inside the building. Everything is to be sold, stored or displayed within the Home Depot building period! Building Department comments: Mr. Rymarczyk informed the commission that currently Home Depot has a screened wall with a great deal of items behind it in the rear of building. He questioned if that merchandise should be confined within the new fenced area as well. It is a split-block masonry wall 8 to 10 feet high and 50 feet long behind the delivery doors. Mr. Koeth reiterated that the reason for the approval of the expansion is to make sure there is nothing outside the building and there is to be no exceptions. Mr. Collins suggested that the only time items are temporarily stored there is when they are receiving deliveries. Mr. Rymarczyk questioned what Mr. Collins considered a temporary timeframe. Mr. Collins indicated that a temporary timeframe would be 1-day or less. Councilman, Miller indicated that he had spoke to several residents of the condominiums and they are concerned about the rod iron type fencing that is being moved closer to their homes. They are concerned about the sound/noise and dust from moving trucks and the stockpiles being moved around. They would like to have at a minimum a tarp used throughout the busy seasonal times to cut down on the sound/noise and dust emanating from that area. They would like the tarp throughout the busy seasonal times or erect a solid brick wall to keep the noise and dust contained. R. Koeth motion to forward Home Depot of 26241 Brookpark Road to the Building Zoning and Development with an addition to the original approved motion. That all materials/merchandise are to be maintained within the Home Depot building i.e. fencing, plants, barns/storage buildings, lawnmowers, and snow blower everything. Nothing is to be displayed or stored outside the building. The Planning Commission wants the agreement put in writing and passed along to all managers at Home Depot. W. Spalding seconded the 2