Laserfiche WebLink
CITY OIi' I]ORTH OLMSTED - BOAF,D OF ZONIIdG APPEk_LS <br />SPeciul Mecting held at Gity Ha11 --- October 14, 1968 <br />The meeting was called to order at 7:35 vy Chairman Richa-r.d Nelson. <br />Those P.resent: Mrs. Eian9 Mssrs. Greene, Nelson9 R.oberts9 Forcellin9. <br />Al so Present: Mr. Gundy, Building Comnissionex; J. Bruce Kitchen, LaS,7 Direc-tor <br />Mr. Nelson requested tnat Ivlr. Gundy restate the issue as presented at the October 2nd <br />meeting. <br />Mr. Gundy ex-oIaiiaed t,hat -thPre is a. possible appen.l rcgarcling his deeision on two <br />service stations located at West Park Drive and Lorain Ftoad (Stii ancl NW corners) and <br />Halleen Ford located at East Park Drive and Loraii1 Ro4.d.. He ci'ued Section 1133.07 <br />rega.rding the Board Is interpretation oz" the Ordinance -mad would 1.ike them to consider <br />the situation. He has had a request for interpretation from the Mayor's oifice. It <br />is the contention of certain iizdividuaTs that gws stations are in violation of <br />Section 1173.02 (H) Sub Imzd Hal.leen Ford in violation of Section 1173.02 (F). The <br />coiztention is that service stations ancl auto sales shos-rrooms and service are in fact <br />public garages. The question trat must be answered is S:Thether or not service sta.-tions <br />and automobile showrooms constitute a. public garage. This is en iilfor?.nal hea,riMg for <br />inter-pretation of the Ordinance. <br />A4r. Kitchen sta,ted that we are concerned with public garages only when there is no <br />specific classification such as a.uto show rooms a.nd service stations. We have separate <br />sections reqarding each of those a.nd therefore we neec?ntt concerri ourselves with public <br />garages. <br />Mr. Greene noizzted out that according to a Law Dictionary "A public garage is a place <br />where autozuobiles are stored for comPensation but a chk-.xge is usuaI.lg not essentiel <br />for atoring vehicles of customers, the principaI business of a gara.ge being that of <br />repairi.ng cars." This defiizition would not apply to service str tions or to azi <br />automobi7_e agency. Ikn automobile agencyls-principal service is the sale of automobiles. <br />Automobi].e repair work is supplementary to the sale of uutomobiles. Ibiost of the repair <br />worlc_ is done on cars that tiZev sell. <br />Discussion was held a.nd it wa.s pointed out that service is inherent to a franchise. <br />1^T1t110t1't service, a iranchise could not be obtained. . <br />Mr. Nelson stated that he agreed that service stations tirere not public garages but <br />still felt that an autosales agency was a cor;ibiisation. <br />Mr. Kitchen stated t13,a,t the primary purposQ is to be considered. The repair of a.uto- <br />riobiles is a secondary use. He stated that we must taIk about the principal application. <br />It was the unanimous opinion of the Board that nei-ther ser`rice stations nor automobil? <br />sales agencies come under the headiaag of public garages because the priiicipal buaii-iess <br />of neither pla.ce is repairiilg cars. <br />It -?,,as agreed that a regula.r meeting would be held on October 2L:th d.ue to the urgency <br />oi cer-tain public llearings requested. <br />The meeting was adjourned at 8:I0 P.M. <br />Richird Nelson, Chairman <br />Sally Henkle, Secreta.xy