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<br />. <br /> <br />. <br /> <br />January 22,1992 Plan Commission Meeting Minutes Page 4 <br /> <br />Chairperson Kreishman asked Mr. Goldman to report on the staff review. Mr. Goldman stated <br />that there was a mistake in the materials distributed: Mr. Feygelman's status as applicant should <br />be changed from owner to tenant. Mr. Goldman explained that there has been an automobile <br />service station on the site since 1929 (and perhaps as early as 1919). In 1965 the old facility <br />with its outdoor automobile hoist was replaced with a new building and Conditional Use permit <br />No. 89 was issued for an automobile service station. <br /> <br />In 1988, it was found that the operator was no longer selling gasoline and was using the <br />premises solely for motor vehicle repair. The operator was cited in municipal court for <br />violations of the Zoning Code and was told that a new conditional use permit was necessary to <br />allow the premises to be used legally as a motor vehicle repair facility. After many court tickets <br />and fines, the repair operation closed down in early 1990 and a service station reopened under <br />new ownership in July, 1990 but closed in a few months. <br /> <br />Mr. Feygelman took over and began operating in November of 1990, after a few months it was <br />discovered that the gasoline tanks were leaking and they were ordered to be removed. At that <br />time, Mr. Feygelman was warned that if he continued operating the repair service without the <br />sale of gasoline he would be in violation of the Conditional Use Permit that authorized a service <br />station use only. <br /> <br />Mr. Goldman stated that both the location and size of the site no longer meet the marketing <br />criteria for a service station or a filling station. It is very unlikely that an oil company or <br />investor would have a high enough sales value of gasoline to justify the expenditure it would <br />take to re-open a filling or service station at this location. The City would prefer to have a retail <br />or restaurant in that location. There is an auto repair facility nearby though. Mr. Goldman <br />feels that the issue here is whether to wait possibly several years for a retail or restaurant use <br />to afford to take over the space or to keep the ongoing business that is cleanly run compared to <br />the predecessors. Mr. Goldman stressed that the Plan Commission should not approve this use <br />unless they find that the proposed use will: <br /> <br />1. Comply with the Zoning Code; <br />2. Contribute to and promote community welfare or convenience at this specific location; <br />3. Not cause substantial injury to the value of neighboring property; <br />4. Complies with the neighborhood development plan and zoning district requirements; <br />and <br />5. Will provide sufficient off-street parking and loading in accordance with the standards <br />of the Zoning Code. <br /> <br />Mr. Goldman stated the conditions that the Staff recommends if the use is approved. <br /> <br />Mr. Feldman responded that there will be no parking in the rear of the building, although some <br />people park there illegally. Mr. Feygelman has no objections to the conditions set forth by the <br />Planning Staff. <br /> <br />m-1-22.plc <br />