2004-41 GRANTING CONDITIONAL USE PERMIT - 1551 MCBRIDE AVENUE

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Excerpts from Plan Commission Minutes May 6, 2004 Cal. No. 04-22 Petition of U.S. SCRAP AND METAL COMPANY, for a Conditional Use Permit to operate an industrial scrap metal business at 1551 McBride Avenue in the M-2, Heavy Industrial District Ms. Joselyn Stewart was sworn in by Ms. Jesse Ms. Stewart gave the following recommendation of the staff. The subject property is developed and is a scrap metal processing company located on nine (9) acres. The petitioner proposes the issuance of a conditional use permit and to erect a six (6) foot high privacy fence along North Woodford Street, McBride Avenue and approximately 600 feet on the south property line (or half the distance of the south property line). The petitioner is not required to fence in the back of the property or along the east property line. The fence line along Woodford Street shall be setback 40 feet. Upon review of land use and zoning patterns of the area, staff is of the opinion that the processing of scrap metal is consistent with the other uses. Section XXII.A.3 lists three standards which must be met in order to grant a conditional use permit. The first standard requires the applicant to show that the use is "necessary for the public convenience at that location." The proposed use is generally compatible with the area and provides a service which can be utilized by area residents. The proposed use also meets the second standard; the facility is located and designed to be operated in a manner that the public health, safety and welfare will be protected. This use also meets the third standard; the facility has not and will not cause substantial injury to the value of other properties in the neighborhood. Based on the above analysis, staff recommends approval of the petition as submitted. Mr. Rodney Farbes, representative for the petitioner, was sworn in by Ms. Jesse. Mr. Forbes stated he was with the law firm of Willoughby & Forbes, attorney for the petitioner. Mr. Forbes stated that the petitioner is willing to put up the fence and it has been purchased and is ready to put up as soon as the petition is approved. Mr. Forbes did state that the petitioner will be installing the fence with a setback of more than forty (40) feet along North Woodford Street. Mr. Curt Bickes, attorney for neighbors of the petitioner, was sworn in by Ms. Jesse.