10/04/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 10/4/2005 Under our Zoning Code with respect to conditional use permits, much responsibility and authority is assigned to the Planning Commission. The Planning Commission conducts hearings on applications for conditional use permits. It is the Planning Commission that reviews the standards, takes evidence in and makes findings with respect to those standards that aze required for an applicant to obtain a conditional use permit. That is very important. City Council has a limited role in this process. Council's role is two- fold: First, to review the findings by the Planning Commission and to confirm them. Council may listen to the tapes of the meeting; should and may look at the minutes from the Planning Commission meeting; look at the findings the Planning Commission made and, using good judgment, determine whether or not they should be confirmed as being true and accurate. Second, to determine whether the proposed use is consistent with the legislative purpose of the Zoning Cade. The legislative purpose of the Zoning Code is set forth in 1113.02, which reads: "The purpose of the Zoning Code shall be to provide by the provisions hereinafter made for the orderly development of the land within the city and to provide in that manner for the public peace, health, safety, convenience, comfort, prosperity and general welfaze of its residents and of the city." Those are the two functions that this Council performs in reviewing what the Planning Commission has heard and decided upon and Council should certainly keep those matters in mind when it votes upon this issue. At this point in the meeting, a lengthy discussion ensued regarding this issue. Councilman Ryan questioned whether the building is anon-conforming building and whether a permit was needed to add to the building. Law Director Dubelko answered that the issue is not whether it is anon-conforming building, and the applicant has received a special permit. When asked whether that was approved by Council, Law Director Dubelko said Council does not approve special permits. Council members can appear before the BZA and lobby for residents. He noted most of the matters that are assigned by the code to the BZA aze final. Councilman Ryan expressed concern the non- conforming permit was not presented to Council. Councilman Gazeau said he believed the process in the code required the applicant to go to the BZA to obtain the permit. His understanding from Planning Director's report is that permission was solicited and received from the BZA. The BZA granted that permit, which was consistent with the code. Planning Director Wenger came forward and said the Board of Zoning Appeals grants special permits. Council does not review or approve special permits. In addition, the building is not anon-conforming use. It is anon-conforming structure in that it encroaches on the required front setback, but the use is within our code requirements. Councilman Tallon inquired whether Suburban Auto had received its EPA permits for these paint booths which are to be moved from another location. Councilman Gazeau said he did not know whether the permits move with the units or whether new permits would be required. Due to the technical nature of the question, Mr. Kolick, attorney for Suburban, was allowed to come forwazd. Mr. Kolick explained that two permits are required. One goes with the booth, the other one will be obtained after the booth is moved. They cannot apply for the second permit until the booth is moved. After the booth is moved, the EPA comes out and does their testing with the booth in place. Both permits aze needed before the booth can be operated. 10