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. . 2-23-94 Plan Commission Meeting Minutes Page 2 Harvey Feldman, attorney for Felix Feygelman, stated Mr. Feygelman wished to amend conditional use permit #302, condition #7 which states: Overnight outdoor parking or storage of wrecked, derelict, abandoned and/or unlicensed vehicles is prohibited. Overnight outdoor parking of motor vehicles shall be limited to a total of six vehicles parked on the rear one-half of the site. Mr. Feygelman feels that the amount of vehicles permitted on the site should be increased. He further wishes to build an addition to add two more work bays to the rear of the building. Mr. Feygelman has been the owner of the shop since 1990 and has done extensive improvements to the property including removal and clean-up of underground gas tanks that had leaked. Mr. Feldman stated that Mr. Feygelman has tried in good faith to comply with all the conditions set upon him by the City and wants to work with City Hall in order to solve any of the differences. Mr. Feldman submitted a revised site plan that details the planned expansion. The Vice Chairperson called on Planning Director, Al Goldman to provide the staff report. Mr. Goldman stated there has been an automobile service station on the site since 1929 and perhaps as early as 1919. In 1965 the old facility with its outdoor automobile hoist was replaced with a new building and Conditional Use Permit #89 was issued for an automobile service station. In 1988, it was found that the operator was no longer selling gasoline and was using the premises solely for motor vehicle repair. The operator was cited in municipal court for violations for the Zoning Code and was told that a new conditional use permit was necessary to allow the premises to be used legally as a motor vehicle repair facility. After many court tickets and fines, the repair operation closed down in early 1990 and a service station reopened under new ownership in July, 1990 but closed in a few months. In November, 1990 Mr. Feygelman applied for and received Zoning approval to reopen the service station. Within a few months it was found that the gasoline tanks were leaking and they were ordered removed. Mr. Feygelman was then advised that if he continued to repair motor vehicles without the sale of gasoline he would be in violation of the conditional use permit. He and his attorney were told to file an application for a Conditional Use Permit to authorize a motor vehicle repair facility. This was done and a Conditional Use Permit was issued on January 28, 1992 with 12 conditions. The applicant did not meet the deadlines imposed by the conditions and has failed to comply with several of the conditions that deal with operations and maintenance. The work that was done was carried out in a minimal fashion. The use does not comply with the plan for the area. It was permitted to remain because it was already there in the form of an automotive service station and when due to circumstances beyond the control of the owner it could not be used for the sale of gasoline, the city permitted it to be used in a limited fashion for automotive repair use. There is no justification for doubling the size of the building. This will double the size of the service area and potentially double the business and the need for parking. This intensity of use is inconsistent with the surrounding development, it cannot be shown to contribute to and promote community welfare and convenience and has the potential for injuring the value of surrounding property and business. Mr. Goldman stated he does not recommend approval of m-2-23.plc