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HomeMy WebLinkAbout11/14/2007 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION November 14, 2007 A regular meeting of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, at 7:00 p.m., on November 14, 2007, there being present all the members of said Commission, to wit: Gardner W. Smith, Terrance D. Murphy, Jimmy W. Robertson, Vicki G. Daulton, and Bruce N. Thomasson; with Gardner W. Smith, Chairman, presiding; together with James E. Taliaferro, II, Assistant City Manager and Executive Secretary, ex officio member of said Commission; Melinda J. Payne, Director of Planning and Development; William L. Simpson, Jr., Assistant City Engineer; Benjamin W. Tripp, Planner; Brian Thurman, Emergency Services Coordinator; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on October 1 0 , 2007, were approved as written – the roll call vote: all present - aye. In re: Request for preliminary and final approval of a proposed subdivision plat filed by MKP Construction Company LLC, property owner, for Keesling Court situated on Keesling Avenue (Tax Map #174-3-1.1) The Executive Secretary reported the Commission had received a request for preliminary and final approval of a proposed subdivision plat filed by MKP Construction company LLC, property owner, for Keesling Court situated on Keesling Avenue (Tax Map #174-3-1.1); and WHEREAS, staff noted the following: the subject property consists of one parcel located along Keesling Avenue off West Main Street; the Planning Commission and City Council approved a rezoning to RMF for this property in September 2006; the parcel is approximately one acre and is currently vacant; it is bordered on the south by businesses fronting on West Main Street; this request is for approval of the subdivision plat; there are six attached 2 single family townhomes; the units will share access from the rear by way of a cross-access easement; and a site plan has been approved by staff for this development; and WHEREAS, Sean Horne of Balzer & Associates, Roanoke, representing the property owner, appeared before the Commission explaining the request to subdivide this property into six parcels in order to construct six attached single family townhomes; and WHEREAS, Commission Member Thomasson asked Mr. Horne what the units will look like, and Mr. Horne noted that the units will be similar to the plans approved at the rezoning hearing; he stated they will have brick fronts, landscaping, etc.; he noted that staff has approved the plans for the development; and WHEREAS, Commission Member Robertson stated that he recalled they will have drive-in garages in the back, and Mr. Horne noted that this is correct and they will use a common access drive; and WHEREAS, no other person(s) appeared related to said request; and ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY CARRIED, the request for preliminary and final approval of a proposed subdivision plat filed by MKP Construction company LLC, property owner, for Keesling Court situated on Keesling Avenue (Tax Map #174-3-1.1) is hereby approved and the Executive Secretary and City Engineer are hereby authorized to endorse such final approval on said final plat in accordance with The Code of the City of Salem, Virginia – the roll call vote: Vicki Daulton – not present for discussion; Bruce N. Thomasson – aye; Jimmy W. Robertson – aye; Terrance D. Murphy – aye; and Gardner W. Smith - aye. WHEREAS, Commission Member Daulton joined the meeting at this time. 3 In re: Request for preliminary and final approval of a proposed subdivision plat filed by North Oaks LLC, property owner, for Section II, North Oaks to be located off North Oaks Drive (P/O 40-1-3) The Executive Secretary reported the Commission had received a request for preliminary and final approval of a proposed subdivision plat filed by North Oaks LLC, property owner, for Section II, North Oaks to be located off North Oaks Drive (P/O 40- 1-3); and WHEREAS, staff noted the following: the subject property consists of one parcel located off North Oaks Drive; the parcel is approximately 24 acres and is currently occupied by agricultural buildings but is mostly vacant; it is bordered on the north by Interstate 81. The property is currently zoned RSF; this request is for an approval of the subdivision plat; there are 39 lots and approximately 8.9 acres left for future development; a site plan has been approved by staff for this development; the temporary turn-around easements should be replaced with temporary cul-de-sac easements; and WHEREAS, Sean Horne of Balzer & Associates, Roanoke, representing the property owner, appeared before the Commission explaining the request to subdivide this property for a single family residential subdivision consisting of 39 lots; he noted that this section of the subdivision has been developed in accordance with the previously approved master plan; and WHEREAS, Commission Member Robertson asked if the earlier concerns about the water and sewer have been addressed, and Mr. Horne noted that they have resolved the water and sewer issues; and WHEREAS, Vice Chairman Murphy stated that staff has noted the temporary turn-around easements should be replaced with temporary cul-de-sacs; Mr. Horne noted that they have a temporary turn-around for Phase II because Phase III will immediately follow this section, and the temporary turn-arounds will be vacated at that time; and 4 WHEREAS, Vice Chairman Murphy asked if there is a projected completion date for the project, and Mr. Horne noted that he did not know the full build-out time frame but he knew that things have picked up in Phase I; further, Mr. Horne noted he anticipated maybe a year and a half before they come back for the next phase; and WHEREAS, no other person(s) appeared related to said request; and ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the request for preliminary and final approval of a proposed subdivision plat filed by North Oaks LLC, property owner, for Section II, North Oaks to be located off North Oaks Drive (P/O 40-1-3) is hereby approved and the Executive Secretary and City Engineer are hereby authorized to endorse such final approval on said final plat in accordance with The Code of the City of Salem, Virginia – the roll call vote: all aye. In re: Request for preliminary and final approval of a proposed subdivision plat filed by Massgood LLC, property owner, for Rivendell to be located off Polar Lane (Tax Map #10-1-1) The Executive Secretary reported the Commission had received a request for preliminary and final approval of a proposed subdivision plat filed by Massgood LLC, property owner, for Rivendell to be located off Polar Lane (Tax Map #10-1-1); and WHEREAS, staff noted the following: the subject property consists of one parcel located along Polar Lane; the parcel is approximately 9 acres and is currently occupied by agricultural buildings but is mostly vacant; it is bordered on the north by Interstate 81; a rezoning to RSF was granted by City Council in July 2007; this request is for an approval of the subdivision plat; there are 11 lots and a new public road, Northern Trail; a site plan has been approved by staff for this development; and 5 WHEREAS, Sean Horne of Balzer & Associates, Roanoke, representing the property owner, appeared before the Commission explaining the request to subdivide this property for a single family residential subdivision consisting of 11 lots; he noted that he believed the subdivision has been developed in accordance with the previously approved master plan; and WHEREAS, Commission Member Thomasson asked Mr. Horne if they have resolved the water issue, and Mr. Horne noted that it had been resolved; and WHEREAS, Vice Chairman Murphy asked Mr. Horne if he could elaborate on the master plan he was referring to because this request is for subdivision approval, and Mr. Horne noted that this project as well as the two previous requests came before the Commission for rezoning of the property, and they proffered the master plan as well as other conditions for the project as a part of the request; Mr. Horne further noted that they have followed through on those proffers on the subdivision plan submitted this evening; WHEREAS, Vice Chairman Murphy asked if staff is satisfied in terms of compliance with any issues related to this property, and it was noted that all the issues have been addressed; and WHEREAS, no other person(s) appeared related to said request; and ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY CARRIED, the request for preliminary and final approval of a proposed subdivision plat filed by Massgood LLC, property owner, for Rivendell to be located off Polar Lane (Tax Map #10-1-1) is hereby approved and the Executive Secretary and City Engineer are hereby authorized to endorse such final approval on said final plat in accordance with The Code of the City of Salem, Virginia – the roll call vote: all aye. 6 In re: Request of Wiley Development LLC, property owner, for rezoning two parcels (4.82 and 2.96 acres) located in the 400 and 500 blocks of Electric Road (Tax Map # 150-3-1 and P/O 155-2-2) The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Wiley Development LLC, property owner, for rezoning two parcels (4.82 and 2.96 acres) located in the 400 and 500 blocks of Electric Road (Tax Map # 150-3-1 and P/O 155-2-2); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the November 1 and 8, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed November 2, 2007; and WHEREAS, staff noted the following: the subject property consists of two parcels located along Route 419, Electric Road; Parcel #1 is approximately 4.82 acres, and Parcel #2 is approximately 2.96 acres; both are currently vacant; the development is bordered on the east by Masons Creek, and the property is currently zoned HM; this request is for a down zoning of these two parcels to HBD (Highway Business District) to allow a more commercial type of development; the applicant has stated that the current zoning limits the potential for commercial and retail uses; and this property is partially located in the various flood zones; and WHEREAS, Paul Wiley of Wiley Development LLC, property owner, appeared before the Commission explaining the request to rezone two parcels located along Route 419; and WHEREAS, Commission Member Thomasson asked Mr. Wiley if he knew what businesses might want to locate here, and Mr. Wiley stated he had an inquiry from a sporting goods store and he has had several other requests but due to the manufacturing zoning they had not considered developing the property for this purpose; however, 7 he keeps getting inquiries for retail uses and feel the commercial zoning will open up more opportunities for the development; he further noted that he believes the smaller tracts lend themselves better to smaller businesses; and WHEREAS, Commission Member Robertson noted that he thought Mr. Wiley has tried from the start to keep this development as nice looking as possible; he asked Mr. Wiley if this was still his goal, and Mr. Wiley noted that Mr. Robertson was correct and that the future buildings will be similar to what has already been constructed; further, he wants it to be a development that he can be proud of and that the City will be proud of as well; and WHEREAS, Vice Chairman Murphy asked Mr. Wiley if he was agreeable to having a cross access roadway at the rear of the property as noted on the plans to handle the traffic, and Mr. Wiley noted that he was agreeable with the ingress/egress roadway; Mr. Wiley further noted that he will work with the Engineering Department to do whatever is necessary to make it work; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY VICE CHAIRMAN MURPHY, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that the request of Wiley Development LLC, property owner, for rezoning two parcels (4.82 and 2.96 acres) located in the 400 and 500 blocks of Electric Road (Tax Map # 150- 3-1 and P/O 155-2-2) be approved as presented – the roll call vote: all aye. In re: Request of Ronald B. Hogan Sr., Vicki T. Hogan, and Ronald B. Hogan Jr., property owners, for the issuance of a Special Exception Permit to allow an automotive air conditioning repair business on the property located at 1326 Forest Lawn Drive (Tax Map #75-4-5) 8 The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Ronald B. Hogan Sr., Vicki T. Hogan, and Ronald B. Hogan Jr., property owners, for the issuance of a Special Exception Permit to allow an automotive air conditioning business on the property located at 1326 Forest Lawn Drive (Tax Map #75-4-5); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the November 1 and 8, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed November 2, 2007; and WHEREAS, staff noted the following: the subject property consists of one parcel located in the Parkdale Subdivision; the parcel is approximately 80 feet wide by 250 feet deep and is currently occupied by a one story single-family residence; the property is currently zoned RSF; this request is for a special exception permit to allow the operation of an automotive air conditioning repair business; the applicant has been operating this business since 2002; during this time, Mr. Hogan has paid taxes to the City for the business, and no complaints have been received; upon deciding to change the name of his business to include his son, Mr. Hogan submitted paperwork to the Office of the Commissioner of the Revenue; as part of the routine processing of this request, the Commissioner’s staff brought the application to the Zoning Office; due to a staff error, the zoning letter was mistakenly approved at that time (January 12, 2007); when the Zoning Administrator received the Home Occupation permit application submitted along with Mr. Hogan’s business license application (to change the name of his business), the administrator found that the business was ineligible for a home occupation permit because it did not comply with the zoning; the Building Inspections & Zoning Department notified Mr. Hogan in a letter dated February 6, 2007, that his request was denied; at the time of the letter, Mr. Hogan was allowed to continue operation until March 31st; when Mr. Hogan received this letter, he contacted the city for clarification, and the mistaken approval of the zoning letter was 9 discovered; it was also discovered that the business had been operating since 2002, in non-compliance with zoning and without a home occupation permit, but with an approved business license; to try and work out a solution the city met with Mr. Hogan on March 7th and again on April 2, 2007; after discussions it was determined that the city would allow Mr. Hogan to continue to operate his business until the end of January 2008 (for an additional year) since the city had made a mistake in the approval process; however, Mr. Hogan was informed that he would be unable to renew his home occupation permit after that period, and that he should seek to relocate the business; on September 11, 2007, the city received a request from Mr. Hogan’s attorney that the application be forwarded to the Planning Commission and City Council for review as a Special Exception Permit; the following issues relate to Section 106-304.5 Home Occupations of the City of Salem Zoning Ordinance, which outlines the general standards: (1) Section 106- 304.5 (B)(2) states that “Only residents of the dwelling shall be engaged in the home occupation activity. No other employees shall be allowed at the site of the home occupation.” It is unclear if Mr. Hogan’s son, who is considered an employee, lives at this residence; (2) Section 106-304.5 (B)(8) states that “The home occupation shall not require the use or storage of hazardous or toxic materials and no such material shall be associated with the home occupation.” It is unclear what materials are being used or how they are being handled and stored; (3) Section 106-304.5 (B)(10) states that “The volume and characteristics of traffic associated with the home occupation shall be consistent with the volume and characteristic of traffic associated with dwellings in the general area.” Mr. Hogan has stated that his customers include auto dealerships and other auto repair shops. Is the volume and characteristics of traffic associated with the business appropriate for RSF zoning? (4) The Zoning Administrator has determined that minor auto repair does not constitute an accessory use eligible for a home occupation permit; and 10 WHEREAS, Seth Weston of 1031 First Street SW, Roanoke, attorney representing the property owners, appeared before the Commission noting that he would have several witnesses appearing in support of his client; and WHEREAS, Ronald B. Hogan Sr. of 1326 Forest Lawn Drive, property owner, appeared before the Commission in support of the request; and WHEREAS, Mr. Weston asked Mr. Hogan how long he had lived at this address, and Mr. Hogan noted that he had lived here about 20 years; and WHEREAS, Mr. Weston noted that Mr. Hogan currently operates a business at this address, and he asked Mr. Hogan how long he has operated the business and what type of business it was; Mr. Hogan noted that he had been operating the business since 2002 and that it was an automobile air conditioning business; and WHEREAS, Mr. Weston noted that since 2002 he has applied for a business license and has been paying taxes for the business; he asked Mr. Hogan what was his understanding in regards to running the business there, did he believe that he had a business license; Mr. Hogan noted that he filled out an application with one of his neighbors, and he mailed it to the city and received a bill for the license; he has been paying for the license every year and receiving the decal for the business according to the City’s rules and regulations; and WHEREAS, Mr. Weston asked what type of clientele does he cater to, and Mr. Hogan noted that he mainly serves lower-income bracket people; further, Mr. Hogan noted that he does not take markup on any parts that he purchases, and that he charges $35 an hour flat rate for his labor; also, if someone is not able to pay their bill, then he sets them up a payment plan, interest free; and 11 WHEREAS, Mr. Weston noted that he is basically helping out a segment of the population that cannot get help elsewhere due to costs of repairs; Mr. Hogan noted that he also helps out some dealerships by analyzing problems because his equipment is higher- tech than their equipment; in return, they give him some of their used car air conditioning work because he can do it cheaper than they can; and WHEREAS, Mr. Weston asked Mr. Hogan if he has received any complaints from the neighbors about the traffic coming in and out of his business during the five years he has been in business, and Mr. Hogan noted that he has not received any complaints; and WHEREAS, Mr. Weston noted that in most automotive repair businesses there are a number of vehicles waiting to be serviced; he asked Mr. Hogan if he has three or four vehicles at his business at one time, and Mr. Hogan noted that he tries to schedule the repairs so the person in brings the car, and it is serviced at that time; he stated that every once and a while something might happen, and he may have to keep the vehicle for a day or so; but, the vehicle stays on his property until it is repaired then he parks it on the street and calls the person to come and pick it up; and WHEREAS, Mr. Weston noted with this type of business there may be some concerns regarding Freon, etc. associated with the repairs; he asked Mr. Hogan to further explain the use of Freon and other air conditioning materials that he uses; and Mr. Hogan noted that anyone can purchase 134A Freon, but because he is certified he has to abide by EPA standards to recover Freon, and he has six recovery machines and everyone of them is registered with the EPA; he also has Freon machines that flush the units with refrigerant without breaking down the refrigerant; the refrigerant is recycled and then used to make repairs; he also has Freon analyzers that can tell him what type of refrigerant is in the unit or if someone has used propane in it; if they have used propane, he will not work on the vehicle because he has to recover it and take the propane to dispose of it; and 12 WHEREAS, Mr. Weston noted that Mr. Hogan already has the equipment needed for the business; he asked Mr. Hogan if he was planning to add onto the building where he does the work or make any changes, and Mr. Hogan noted that he does not need to make any changes to the building or anything of this nature; and WHEREAS, Mr. Weston asked Mr. Hogan if he was handling the storage and use of the equipment and machines properly according to the regulations, and Mr. Hogan noted that this was correct; any chemical that is in his garage, under the EPA standards has to be in a container and identified and then place in a spill container, and everything that is in his garage is in a fireproof cabinet or sitting in a spillproof container; he further noted that he is first-response certified from where he worked at General Electric so he is aware of what is required; and WHEREAS, Mr. Hogan noted that he is I-Card certified in order to do insurance air conditioning work and he further discussed the certification; and WHEREAS, Mr. Weston asked Mr. Hogan if the Commission was to deny his request and not allow him to operate at his residence, would be able to stay in business, and Mr. Hogan noted that he would not; Mr. Weston “Why Not?” Mr. Hogan stated that if he had to rent a business setup the way he has it, then he would have to markup the parts; further, he is not interested in marking up parts because he wants to help the needy; he further noted that in some cases he does not charge them anything; and WHEREAS, Mr. Weston asked Mr. Hogan if the profit he makes from the business would sustain him in renting a building, and Mr. Hogan noted that it would not; Mr. Hogan further noted that he nor his wife takes any income from the business; he turned the business over to his son the first of 2007, and this is what caused the situation; they have property side by side and each owns the other’s property; and 13 WHEREAS, Mr. Hogan noted that he pays his son for his work, the insurance on the business, and the maintenance of the equipment; further, a lot of the expenses he pays out of his own pocket; also, his son is currently employed by the City so he has been handling the changeover of the business and if it ever gets straightened out, the business is his; and WHEREAS, Mr. Weston asked Mr. Hogan if he intended to fully comply with the City’s license requirement, and Mr. Hogan noted this was correct; further, Mr. Weston stated that now he came back to the City and asked to change the business entity and found out there was a problem; Mr. Hogan noted that at first there was not a problem; he stated that the City called him after they had approved the business and told him he needed to fill out more paper work; he said he filled out the paper work and sent it in; then he received a call from Chuck Aldridge the following week telling him he could not have this type of business, and he told Mr. Aldridge he had operated his business there since 2002; he told Mr. Aldridge he had paper work to prove it and faxed him a copy of it; Mr. Aldridge later called him back and told him that the paper work had never been signed by the City; Mr. Hogan noted that he had mailed the City a copy and this was why he did not have one with a signature; he further noted that someone from the City had put the zoning as B-2; then he received another call from the City that he needed to fill out more paper work to change the name; he received the paper back and then went to the courthouse to record the name and discovered that Mr. Aldridge’s office had approved the business; he called Mr. Aldridge and asked him to come to his house; he showed Mr. Aldridge the paper with his signature that had been stamped by the employee in Mr. Aldridge’s office; and WHEREAS, Mr. Weston noted that the bottom line was that the City said that since they had approved it for this year, then the business could remain until the business license year was up; then Mr. Aldridge and Mr. Taliaferro recommended that he come before the Commission and make this request; and 14 WHEREAS, Commission Member Thomasson asked when all this took place, and Mr. Hogan noted that it took place this year; and WHEREAS, Mr. Weston noted that all this came as a surprise to Mr. Hogan since he had gotten the business license, etc.; and WHEREAS, Commission Member Thomasson asked if it was made clear to him that he was potentially in violation of the zoning ordinance and that he was only approved for this year; Mr. Hogan noted that Mr. Aldridge told him his property was not zoned B-2 and he argued with him that the first form he filled out in 2002 had his property listed at B-2; further, Mr. Aldridge did tell him that he was in violation, and he has met twice with Mr. Aldridge and Mr. Taliaferro over this issue; and WHEREAS, Mr. Weston noted that the reason they are here this evening is to request to stay in business; and WHEREAS, Commission Member Thomasson noted that the petitioner is requesting to continue to run the business in violation of the zoning, and Mr. Weston noted that they are requesting an exception to be made in order to continue to operate the business and if the exception is granted, then the business will not be in violation; Mr. Weston further noted that he understood they must request the special exception in order to remove the violation; and WHEREAS, Matt Terry, 1384 Stoutamire Drive, appeared before the Commission in support of the request; Mr. Weston asked Mr. Terry if he was an area resident, and Mr. Terry noted that he lives about a block away; Mr. Weston asked Mr. Terry if he has noticed any vehicular traffic associated with this residence that has caused him any problems, and Mr. Terry stated no he had not; and 15 WHEREAS, Mr. Weston asked Mr. Terry if he had utilized Mr. Hogan’s services before, and Mr. Terry stated that Mr. Hogan has worked on several of his vehicles; further, he has never noticed any traffic or a lot of cars parked around and he keeps a clean shop; further, he believes that Mr. Hogan is a super person, and he has done a lot for the community; further, he feels that Mr. Hogan is up to EPA standards and probably has approximately $100,000 just in equipment for reclaiming Freon; further, he has never seen him release any into the air, and he has everything labeled and in order in his shop; and WHEREAS, Mr. Weston asked Mr. Terry if he would like to see a Special Exception permit issued so Mr. Hogan could stay in business, and Mr. Terry stated absolutely; and WHEREAS, Scott Lawrence of 306 Peach Tree Valley Drive, Roanoke, appeared before the Commission in support of the request; Mr. Weston asked Mr. Lawrence if he had some knowledge about the business also, and Mr. Lawrence noted that he works for a commercial sales retailer in the valley who provides parts to Mr. Hogan, and as far as Mr. Hogan’s business is concerned, he is probably one of the most thorough businesses they deal with as far as (1) helping the community and (2) the EPA aspect of recovering the refrigerant; a lot of garages do not have a very good reputation for doing it correctly, however, he definitely does have a good reputation; Mr. Lawrence further noted that Mr. Hogan has worked on his personal vehicle and the vehicles of a lot of people that he knows, and he has always treated everyone fairly; and WHEREAS, Danny Otey of 5743 Thornrose Road, Roanoke, appeared before the Commission in support of the request; Mr. Weston asked Mr. Otey if he was familiar with the business, and Mr. Otey noted that he has used Mr. Hogan for diagnostic work for his employer, Dominion Dodge; he stated that they may have a vehicle that they are having problems finding the exact cause of a leak and with the help of Mr. Hogan’s equipment, they have been able to find the cause; Mr. Weston asked Mr. Otey if the work was done 16 satisfactorily, and Mr. Otey noted that it was; Mr. Weston asked Mr. Otey if he had ever heard any complaints about Mr. Hogan, and Mr. Otey noted he had not; Mr. Weston asked if any of the customers he had sent to Mr. Hogan ever told him about getting bad service or waiting in line, and Mr. Otey stated that they had not; Mr. Otey further noted that he has never witnessed a line of cars, and most the times he has gone to Mr. Hogan’s residence, there has been no one else there; Mr. Otey stated that Mr. Hogan has been a big help to their business; and WHEREAS, Mary Cantrell of 1321 Forest Lawn Drive, Salem, appeared before the Commission in support of the request; she stated she and her husband bought their home from Sonny Tarpley and his grandfather in 1976; they were thrilled at the time because they were told that the property was zoned B-2; Henry Terry, the man next door, ran a commercial air conditioning business for Hop- In Food Stores and did the work from his garage; her husband is a woodworker/cabinet maker, and they thought this would be great if he wanted to work out of the garage; they, too, were told the property was zoned B-2; they got business licenses for eight years to do small cabinetry work; further, many of their neighbors were thrilled that he was there during the day because many of them were widows; they were later approached by Mr. Hogan asking how they went about getting a business license for their business; she explained to Mr. Hogan how they went about getting set up for their business; Mrs. Cantrell further noted Mr. Hogan got the paper work for his business and she helped him to fill it out; a few days later Mr. Hogan got the notice that the business was approved; Mrs. Cantrell stated that she was speaking on behalf of two elderly neighbors who are also in support; these neighbors stated to her that they could not imagine Mr. Hogan not being able to operate his business there; they noted that he does a great deal of Samaritan work; she further noted that there is no traffic and there is no backup of vehicles; she stated that most people do not even know that the business is located in the rear of his house; and 17 WHEREAS, Mr. Weston asked Mrs. Cantrell if she would like to see a Special Exception permit issued so Mr. Hogan could stay in business, and Mrs. Cantrell stated absolutely; and WHEREAS, Mr. Weston noted that he had received the staff report and he thought that most of the issues stated in the report have been resolved in his client’s favor; it is clear that the business being run there is not affecting the community adversely at all but is probably affecting it positively for a number of reasons; unlike most car repair shops, there is not a lot of cars waiting there to be repaired; it is really a personal service that he gives, and people do not even realize he is operating a business there; several of the community members voiced their strong encouragement of the business and would like to see him continue in business; perhaps the one other hiccup, beyond the operation of the business, is whether the son actually resides here at the residence; the son partially owns the residence but does not physically reside there; it is a family business being run there and he asked the Commission to take this into consideration and grant a Special Exception permit; there are several reasons they are requesting the permit: (1) the son does not live here but he does partially own the house; (2) the son is part owner in the business and did live there until he was able to get his own house; and (3) this is a business that benefits the residents of Salem and certainly is not hindering or hurting the community at all in this area; and WHEREAS, Billye White, 1234 Forest Lawn Drive, appeared before the Commission in opposition to the request; she stated that she was not aware of the business, however, this is a residential neighborhood; she noted you know the old saying “not in my backyard,” well it is not going to be in her backyard, but it is in the front yard of one of the people here at the meeting because they live behind Mr. Hogan’s property; she stated that she admires everything that has been said about Mr. Hogan; she noted that she works for a nonprofit organization so she understands where he is coming from; she also knows that they live in a residential area, 18 and there is not supposed to be businesses in residential areas; she stated that this is something the Commission has to take into consideration; she noted that the neighborhood just went through a battle over a concrete batch plant, and the signs went up that said “not in anyone’s back yard”; well, they feel this business should not be in anyone’s yard; further, it is nothing against Mr. Hogan because she admires him; she asked what constituted a home occupation license; and WHEREAS, Chairman Smith noted that a home occupation permit allows certain types of businesses to operate out of the home; Mrs. White noted that certainly it does not allow a repair shop, and Chairman Smith noted it does not so that is why we are here this evening; Mrs. White noted that she thinks it is wonderful he wants to give the business to his son, but how long is the business going to be operating; if someone comes in and wants to purchase her home, they are not going to want a business in the neighborhood; further, it is nothing against the Hogans because they have been good neighbors as far as she knows; also, she thinks it has been the best kept secret in the world because she did not know there was a business there; the people on the street apparently know about the business; she thinks that the Commission should consider very, very carefully the matter before the body realizing a repair business should not be in the neighborhood; and WHEREAS, Matt Terry appeared again stating he is on the neighborhood committee for progressive and positive changes in the community; he noted that Mrs. White brought up the Conrock request and he was totally involved in this request; however, we are now dealing with a totally different situation here; this business has been in this location for seven years and no one even knew it was there; but, if we were to move a concrete plant into the area, it would be a whole different ballgame because it impacts the whole community; there were people with health issues, traffic issues, weight limits on bridges, etc.; if no one knew Mr. Hogan was there before, why do we need to change it; if Mr. Hogan was harming the community or was not paying his taxes, etc., then he could understand; and 19 WHEREAS, Charlie Lightcap, 1320 Forest Lawn Drive, appeared before the Commission in favor of the request; he noted that he bought his house next door to the Hogans about two years ago, and he lived there prior to purchasing it for about one year; he did not even know there was a business located there for quite some time; if we think about it, most repair shops anywhere else have several cars waiting maybe overnight; he thinks the problem can be how one sees a repair shop; when Mr. Hogan has a car waiting, he has plenty of room on his property to park the car; he can understand this lady’s viewpoint about not having a business if it is not zoned for it, but in this case, it is not harmful at all and it is not unsightly, whereas most repair garages can be; and WHEREAS, Mary Cantrell appeared before the Commission again noting that she had a problem that everyone keeps saying that this is an illegal business; she noted that she and her husband had a business license for a number of years for their cabinet shop; she noted that Mr. Hogan thought he was legal and probably could have operated here for many more years and no one would have known the difference; so, she does not think it is a matter of illegality because she feels there was a mistake made somewhere; and WHEREAS, Chairman Smith noted that there are some guidelines this body deals with related to zoning requests, and he wanted everyone to understand that first of all Planning Commission makes a recommendation to City Council; the Commission does not judge the legality or condemn the operation of a business; the issue before the body concerns the request to allow an automotive air conditioning business as a home occupation; he noted that there are certain rules and regulations related to home occupation permits, and they realize that there have been some mistakes made with regards to this case; the Planning Commission must look at the zoning of the area and address the issue related to future requests for proposed businesses; he further noted that they have heard all the comments made both for and against Mr. Hogan’s business; and 20 WHEREAS, Commission Member Daulton asked if the zoning in this area changed with the last comprehensive plan review, and Assistant City Manager and Executive Secretary Jay Taliaferro noted the zoning change Mr. Hogan was referring to was the City-wide zoning update that took place in 2003-04 when the residential designations were changed; he further noted that this area was previously a residential designation, and it changed to RSF; the City is not sure where the B-2 came from, but all the data on the official maps back to the 1970s show this area as residential; and WHEREAS, Chairman Smith noted there is no effort here to hide or cover up any of the mistakes that have been made with regards to this case; and WHEREAS, Vice Chairman Murphy stated that he knew Mr. Hogan provides a great service to the community; the fact of the matter is that this body is governed by the City ordinances and has the ability to approve those issues that fall within the lines of what the zoning ordinance will allow; further, this body has to be careful about setting a precedent, and in order for this to be rezoned to a zoning that would allow this business, would be spot zoning and this is not done because it would be setting a precedent; he noted that this would be going against everything he has learned about planning and being a citizen planner; he noted that because of the work that Mr. Hogan does and the way in which he does it, he thought perhaps Melinda Payne, Director of Planning and Economic Development, might be able to help him find another location; so based on his education and training, he cannot in good mind recommend an approval of this request; ON MOTION MADE BY VICE CHAIRMAN MURPHY, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that the request of Ronald B. Hogan Sr., Vicki T. Hogan, and Ronald B. Hogan Jr., property owners, for the issuance of a Special Exception Permit to allow an automotive air conditioning business on the property located at 1326 Forest Lawn Drive (Tax Map #75-4 -5) be denied as presented – 21 the roll call vote: all aye. There being no further business to come before the Commission, the same on motion adjourned at 8:00 p.m.