06-27-2000 PC MIN - Laserfiche WebLink

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Planning Commission Minutes June 27, 2000 Page 2 . Chair Mesich opened the public hearing. Diane Bredeck, 19687 Tyler Street, neighbor north of the Rainbolts, voiced her concern regarding the semi-tractor running at all hours of the day and night, seven days a week. She stated that they cannot have their windows open because of the odor and fumes. Ms. Bredeck explained that she did not have a problem with the presence of the truck, but with Mr. Rainbolt starting and running the truck for long periods of time. She suggested that restrictive hours of operation be set, if the conditional use permit was approved. Nancy Rainbolt, applicant, submitted a letter from a neighbor at 19612 Tyler Street expressing support for the Rainbolt's request for a conditional use permit. Mrs. Rainbolt stated that they had asked the Bredecks on several occasions in the past if the semi was a problem and was told they had no concerns. She stated that the truck needs to be plugged in, in the winter, and they have not found a place to park the truck were electricity is available. Mrs. Rainbolt explained that there is not room on their property to do additional plantings to screen the truck but they are willing to provide $100 to the Bredecks if they wish to plant additional trees on their property. Tom Bredeck, 19687 Tyler Street, stated that the most significant problem is that their bedroom window is only about 30 feet from where the truck is parked and it disturbs them on a regular basis. He discussed an incident where the truck was started and stopped continuously for about four hours starting at 1 a.m. because Mr. Rainbolt was having a problem with the truck. . Fred Rainbolt, applicant, stated that he was not aware there was a problem with him starting the truck during the night. He explained that he needs to run the truck in order to have pressure for the brakes to work. Mr. Rainbolt stated that he occasionally needs to leave at 1 a.m. to make a particular run, and that his hours often vary. There being no further comments from the public, Chair Mesich closed the public hearing. Commissioner Kuester asked Mr. Rainbolt how often he needs to leave at 1 a.m. Mr. Rainbolt stated he cannot predict, but estimated that it happens once a month. Commissioner Chambers asked if the conditional use permit will need to be renewed annually. Ms. McPherson explained that the conditional use permit will run with the land and will be valid indefinitely. She noted that if a violation of the conditions arises, it will be addressed through the code enforcement process. Chair Mesich asked if there were complaints made to the police department. Ms. McPherson explained that the complaint came through the code enforcement staff. . Commissioner Baker stated that he felt the issues raised by the Bredecks regarding noise and fumes were valid and he did not feel he could approve the request. He felt that setting hours of operation would help the situation, but that still would not address the concerns of odor and noise.