PC 111208 - Laserfiche WebLink

agreed to the many conditions that have been imposed and that staff has recommended approval of the conditional use permit. Mr. Nibert stated that time is of the utmost importance as Mr. Pfund will be out of business if a permit is not granted expeditiously. He noted that the Commission has asked many questions and that it was time to put an end to it and allow him to operate. Tim Nibert stated that he has studied with Mr. Pfund for ten years and that he used to teach children's classes and believes the community needs this program. He noted that he has watched children grow and gain lots of confidence. He stated that he believed the entire community would benefit from the Commission allowing John to operate. Jack Balch, property owner, said he was starting to know the Commission members personally. He thanked staff for putting a lot of time into this application and stated that he respected staff's opinions and work ethic. Mr. Balch stated that Mr. Pfund is renting only 2,912 square feet out of a 9,936-square-foot building that he owns. He noted that Mr. Pfund has been at this for about a year and must figure out what to do because with no late fees, Mr. Pfund owes him $39,000. He stated that he advised Mr. Pfund before signing his lease that he should get a conditional use permit, which he did receive, and with that belief, he signed his lease in good faith. He indicated that Mr. Pfund has a 23-page lease that details the use of his space and specifically restricts certain things that have come up several times; such as the storing of non-operational vehicles. He commented that he was not sure why a bus in 2004 in the City of Dublin was of any concern for this conditional use permit, and he finds it appalling that it is being addressed four years later. He noted that it is out of staff's normal and reasonable scope of responsibility to know who set the fire or who was in the bus at the time. He noted that the lease does not allow Mr. Pfund to abandon vehicles on the premises and that any non-operational vehicle on the site would be towed immediately. He added that Mr. Pfund is also not allowed to store trash, which must be stored in a trash enclosure, and requested that that condition be modified. He stated that Mr. Pfund must maintain all facilities and comply with all State and Federal laws. Regarding specific conditions recommended by staff, Mr. Balch requested that three conditions be amended: (1 }Condition No. 9, parentlguardian consent awareness of the lacquering process next door. He noted that "Carl's Custom Cabinet" is doing business in an adjacent premise, and "After Market Distributing" operates as a lacquering company. He noted that if either of the tenants moved out, Mr. Pfund would still be required to comply with a condition that would no longer be relevant. (2} Condition No. 13, outside storage. He noted that the City actually requires that a trash enclosure be installed with a dumpster in it. (3} Condition No. 15, signage. He noted that Valley Business Park has an approved sign program, and tenant signs do not require individual City permits if the signs are within terms of that program. PLANNING COMMISSION MINUTES, November 12, 2008 Page 14 of 29