pages: PlanningBoard/2007-06-11.pdf, 9
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PlanningBoard | 2007-06-11 | 9 | Ms. Rose Ryan noted that she lived towards the back of the gas station, and was opposed to the extended hours. She expressed concern about the children's safety and the increased congestion that she believed would result from the extended hours. Mr. Dale Blaylock noted that he was a 50-year merchant in Alameda, and former president of Greater Alameda Business Association. He recounted the background of this gas station, and noted that the applicants were not requesting extended hours for the repair business, only the gas service. He noted that because of the earlier hours, it was difficult for the owners to stay in business. He noted that owners have made an effort to be a good neighbor, and allows the church to use their parking lot on Sunday. He did not believe that selling gas only between 9 a.m. and 6 p.m. would allow them to stay in business. Mr. Leon Zektser, 1310 Central Avenue, noted that he was one of the owners of this gas station. He noted that they had made an error in the application, and had asked to increase the hours from 7 a.m. to 8 p.m., Monday through Friday, close the repair shop on Saturday and Sunday, and not increase the hours for the repair shop. He understood the concerns about the children, and noted that the last staff report stated that there would be no increase in traffic because of the increased hours. The public hearing was closed for Board discussion. President Lynch noted that while the public testimony was compelling, the issue of this application was a legal issue regarding the expansion of a legal nonconforming use. With respect to the process by which the applicant wished to have the property recognized, he encouraged the applicant to pay close attention to the General Plan process and the Zoning text. Short of that, he did not see how the expansion could take place without making the three required findings. Board member Cunningham noted that the testimony given was sometimes passionate, and echoed the comments made by President Lynch, and noted that this was more of a legal issue than a passionate issue. He could not make all the findings. He believed the use was compatible in its existing condition, but he believed that it would become incompatible by extending the hours as requested. He could not make the finding that the proposed use would not have an adverse effect on the surrounding areas. He did not believe this was the right application for this property at this time. Vice President Cook concurred with the previous comments, and noted that she frequented this business. She noted that she has been frustrated by pulling into the pump at 8:45 to pump gas because it was not yet open, and that she was not sure she would be able to make it to the next gas station in town. She believed that the rules about nonconforming uses were quite clear, and she could not make the findings that this application would not negatively impact the other neighborhood uses. She noted that the owner was aware of the rules when he bought the property, and that the residents surrounding the use also knew the rules. She concurred with staff's recommendation in Planning Board Minutes Page 9 June 11, 2007 | PlanningBoard/2007-06-11.pdf |