10/18/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 10/18/2005 given to City Council and, if not, of what significance is that? Council has been advised that notice was not in fact provided by BZA to City Council, and the effect of that is City Council does not in essence have a right to object or follow through whatever legal procedures or Codified procedures it may have. That omission on the part of the city is one that weighs against the city and not against the applicant. With respect to the special use permit, that concludes any matter that Council may have with respect to that. That leaves two existing issues before City Council tonight. First, is the site plan approval, which is the actual approval of the physical structure for an addition to the current Suburban Collision Center location. Second, is the conditional use permit, which is operating the auto body facility on this particular location. Additionally, communication has been received from the applicant who has agreed to the following conditions in addition to the actual application and these conditions will be made part of the motion for approval: • If City Council were to issue a conditional use permit for a temporary period of one year, at the end of one year, Suburban Collision Center would contact an independent testing company from Cincinnati, ATC Associates, Inc., and Suburban Collision Center would pay for that company to conduct a test at the new site on Brookpark extension to determine if there were any appreciable paint smells or fumes from the operation. If at the expiration of a one-year period of time testing results show that there are no appreciable smells or fumes from Suburban's operation, the city would then issue a permanent conditional use permit for the paint booths at the property. If however the testing showed that there were appreciable paint fumes or smells from Suburban's operation, Suburban would be given a 60-day period of time to abate and correct such problems. Once the problems were corrected and abated, a retest would be conducted. If the testing indicated that the problem was in fact corrected and abated, a permanent conditional use permit would be issued by the city. This representation was made by Mr. Kollick on behalf of his client Suburban Collision Center. Additionally, the motion will include the request that the results would be produced to the city when the test is taken and that the date of the test notice would be given to the city prior to that date so the city could be aware of it. We would also request that notice would be provided to the homeowners' association as to when that test is taking place. And, if there was no objection from the applicant, that one single representative of the homeowners' association would be permitted to observe that test if they so choose. Councilman Gareau made a motion to approve Suburban Collision Center's proposal at 26618 Brookpark Road extension for a conditional use permit to operate the paint booths at the current site and to approve the site plan to construct the actual structure as presented to the Planning Commission; the conditional use permit would be under the following conditions: (1) Issued for a temporary period of one year; (2) At the end of the one-year period, Suburban Collision Center would contact an independent testing company from Cincinnati, ATC Associates, Inc., and Suburban Collision Center would pay for that company to conduct a test at the new site to determine if there were any appreciable paint smells or fumes from Suburban's operation; (3) If the testing results 5