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Session 1309, Minutes Page 5 June 7, 1982 Mr. Mike Merritt, speaking for Mrs. Janice Merritt, 7045 Washington, asked to ad- dress the Council. Mr. Merritt said he was the son of Janice Merritt, the person who complained to the City. Mrs. Merritt was not present since she had a heart at- tack in January and is still ill. Mr. Merritt said his mother had always consid- ered the Gianoulakises to be good neighbors, and felt the best way to address the problem was through a public forum and not on a personal basis. He said it was er- roneous that no complaint had been registered--he said his mother had complained to the swimming instructors about the noise last summer and had also called the City Attorney (who was on vacation at that time), but she did not pursue the matter af- ter Mr. Kay returned from vacation because by that time the classes were over. She also complained earlier this spring. Mr. Merritt said the conditional use permit, as outlined in Sec. 34-65 of the Zoning Code, must comply with all provisions of the Zoning Code, and he felt this conditional use does not comply in the following ways--Sec. 34-51.3 prohibits employment of persons not living on the premises (five instructors are to be hired), and Sec. 34-51.5 prohibits running of a nursery school as a home-occupation; therefore, he felt the Council should not grant the condition- al use permit. But if the Council decided it did have the power to approve the per- mit, he asked them to weigh the following considerations: 1) The Plan Commission did not follow the standards for the conditional use permit when they considered this matter. 2) Standards set forth by the chapter on conditional use state a) the use permit may be granted if it complies with all applicable provisions of the chapter (Mr. Merritt maintained it did not), and b) the specific location must con- tribute to and promote community welfare and convenience (Mr. Merritt said the question was whether or not it was beneficial to the community to have children swimming in a residential area, where there is single family zoning). He said the community was harmed by lessening zoning standards, and that many attending this hearing are concerned about property values. He said it was a poor precedent to allow an organization to disobey the zoning laws. He said his mother felt that prior to this year, the pool use was simply an inconvenience; however, it was now a health hazard, as she has been advised by her doctor to avoid stress. Mr. Mer- ritt asked the Council to deny the conditional use permit. In response to Mrs. Thompson, Mr. Merritt said his mother can hear noise from the pool from all parts of the house. Mr. William V. Peppes, 7101 Washington, asked to address the Council. Mr. Peppes said problems over the use of this swimming pool have been growing over the past five years, and now, since several older people in the neighborhood have become ill, something should be donee He said the Gianoulakises were asking the City to make an exception to the zoning laws in order to bring in children from outside the community. He asked the Council to either deny the request or remand it back to the Plan Commission. Mrs. Dorothea Smith, 7118 Washington Avenue, asked to address the Council. She said there had been emphasis at both Plan Commission meetings on the fact that this activity had taken place for five years without any formal complaints being lodged. She felt that the owners of the pool had been somewhat unfair to their neighbors during those years, particularly those more elderly. She thought no of- ficial complaints had been made because the older people did not want to be con- sidered crabby by their younger neighbors. She thought the Plan Commission felt it was being fair to the neighbors as well as the school camp, but that five years was a long time, and it was not possible for the instructors to keep the children quiet enough so that neighbors are not disturbed. She hoped that the Council would