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MINUTES <br />CITY COUNCIL <br />MAY 26, 2004 <br />PROPERTY <br />DIVISION/ <br />COMBINATION - <br />3205 SPRUCE - <br />FRATTALONE <br />EXCAVATING <br />there are issues with the CUP Amendment being, requested as well as the <br />odors coming from the stove. The attorney representing Precision Tree <br />has requested the tabling until July so that options can be explored. <br />Blesener indicated that he had no problem denying the requested CUP <br />Amendment and Variance this evening. Fahey noted that the attorney <br />representing Precision Tree is working with the owner to try to identify <br />reasonable options. Fahey suggested that provided there is no further use <br />of the stove and no additional materials brought into the site, the matter <br />could be tabled to allow additional time to work out some options. <br />LaValle pointed out that the Precision Tree operation as it exists is <br />impacting the quality of life in the area. The Administrator suggested that <br />the neighbors contact the Sheriffs Department or City staff if there are <br />additional problems at the site. <br />Fahey introduced the following resolution and moved its adoption: <br />RESOLUTION NO 2004 -5 -104 - CONTINUING THE PUBLIC <br />HEARING AND TABLING ACTION ON THE CUP AMENDMENT <br />AND VARIANCE REQUESTED BY PRECISION TREE FOR 50 <br />SOUTH OWASSO BLVD. UNTIL THE JULY PLANNING CYCLE <br />CONDITIONED THAT PRECISION TREE SIGNS A 60 -DAY <br />WAIVER, THAT PRECISION TREE EXECUTES A LETTER <br />AGREEING TO REFRAIN FROM THE ADDITION OF OUTDOOR <br />STORAGE MATERIALS AT THE PROPERTY AND TO REFRAIN <br />FROM THE USE OF THE WOOD- BURNING HEATING SOURCE, <br />AND IF PRECISION TREE DOES NOT AGREE TO THESE <br />CONDITIONS AND EXECUTE THE APPROPRIATE DOCUMENTS, <br />THE PUBLIC HEARING IS HEREBY CLOSED AND THE <br />REQUEST FOR CUP AMENDMENT AND VARIANCE ARE <br />HEREBY DENIED <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (5) Fahey, LaValle, Montour, Anderson, Blesener. <br />Nays (0). Resolution declared adopted. <br />Fahey opened the public hearing to consider the Property Division/ <br />Combination relative to the purchase of a 25 -foot wide strip of <br />railroad property to be combined with the Frattalone property <br />located at 3205 Spruce Street. It was noted that the City Planner <br />and Planning, Commission have recommended approval of the <br />property division. <br />There was no one present from the general public wishing to comment on <br />this matter. <br />14 <br />