ZBA OKs conditional use permit


By Sheryl Roadcap - sroadcap@sidneydailynews.com



SIDNEY —The Sidney Zoning Board of Appeals approved a conditional use permit for a motor vehicle repair business and granted a withdrawal request for a permit for the construction of a detached garage during Monday’s meeting.

The board approved Sidney Truck & Auto Repair’s request for a conditional use permit for motor vehicle repairs at 1999 Fair Road in the community business district. The approval came after a bit of discussion among the board, business owner Josh Scott, Community Development Director Barbara Dulworth and residents who live near the location of the business about the conditions of which the permit could be granted.

Dulworth recommended for the board to approve the request for motor vehicle repair, as the location had been used similarly in the past, with the following conditions:

• No outdoor storage or display shall be permitted;

• No storage of inoperable vehicles for more than seven days shall be permitted;

• No body or fender work or painting shall be permitted;

• The business must obtain all necessary permits and inspections to comply with all applicable state codes;

• Proof of installation or pumping and cleaning of a grease interceptor must be submitted to the utilities director prior to occupancy;

• The parking facility must be graded, paved, and marked. A site plan for the parking facility must be submitted and approved by the city, including a graded and paved surface and parking space and drive aisle design;

• A minimum 7-foot privacy fence must be extended east to the eastern-most point of the building, and landscaping screening must be installed adjacent to the residential use to the south. A fence permit and landscaping plan must be submitted and approved by the city for a 7-foot privacy fence located at least 15 feet north of the south property line and evergreen shrubs or trees specified with a mature height of at least 7-foot and spaced to provide visual screening at maturity;

• The property may not be occupied and used for the proposed business until all conditions have been met; and

• Display and advertisement of motor vehicles for sale, rental, or lease is prohibited unless and until a use compliance certificate for the activity is approved by the city.

Dulworth told the board the permit would be valid for up to 12 months for the conditions to be met before Scott could occupy the location.

Cumberland resident, and location neighbor, Merrill Asher expressed concern that hours of operation were not included with the zoning code as potential noise for nearby residents could be bothersome. Scott said he plans to operate the business between 8 a.m. to 7 p.m.

Asher also noted the previous four businesses at the location had not complied with the conditions of their permit. He said he felt that before a permit is granted, the conditions should all be met so the city is not back to the same spot at all over again. Board chair Tom Ehler pointed out the conditions are to be met before Scott could occupy the location. Ehler asked Scott if he would have a problem fulfilling the conditions Dulworth laid out. Scott said the only condition he would struggle to complete is having the asphalt put down. Scott said he would be willing to lower the amount of time the permit could be valid for, but needs to begin generating revenue to get the asphalt laid.

Dulworth said the previous businesses at this location were operating illegally when the conditions were not met. She also told the board that city staff came up with an idea to require Scott to offer a bond of security to ensure the asphalt would be completed within a set forth period of time, but had not yet talked to Scott about the idea.

Asher and another Cumberland resident Nancy Deam, expressed concern if the conditions would truly be carried out and the location maintained, as had not happened with previous businesses there. Asher also spoke about a visual concern for traffic from vehicles parked on the parking lot that could block the view. Dulworth told Asher one of the permit’s conditions is that Scott must submit a site plan for approval. Scott assured the residents he would maintain the property and plans to landscapee it.

Board member Jim Fortkamp asked the residents how they would feel about the bond idea if Scott was given a time frame to complete the work. Asher said he would like to see all of the conditions completed prior to occupancy, but in the end agreed to the idea.

The board voted and approved the permit with the conditions Dulworth put forth, with the exception that Scott must provide a bond that the asphalt work will be completed within eight months.

Ehler recommended for Scott to “stay on top of it and to complete all of the tasks at hand.”

Also, Dulworth told the board Dave Curl, who made a request for a conditional use permit to construct a garage at 343 Park St. in the local business district, withdrew his request. The board voted to grant his withdrawal request.

Board member Richard Sommer was absent and was excused by the board Monday.

By Sheryl Roadcap

sroadcap@sidneydailynews.com

Reach the writer at 937-538-4823.

Reach the writer at 937-538-4823.