06-01-2000 Regular Meeing and Public Hearing

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Zoning Board of Adjustment Minutes of June 1, 2000 Page 2 Thirty-one public hearing notices were mailed to surrounding property owners. Two of the notices were returned to the City undeliverable, one was received favoring the appeal and two were received- in opposition. Staff recommended the Board deny the appeal. A. PROPONENTS Chairperson Grant swore. in Paul Riley, 503 S. Ohio. Mr. Riley stated that three years ago the City granted him permission to place two shipping containers on his property as long as they were hidden from view by a privacy fence. He noted the applicants have taken great measures to make the container blend with their property. Chairperson Grant swore in Mike Westergren, 814 E. "C". Mr. Westergren 'resides next door to the Childs and thinks the container looks fine and is no different from any other type of storage shed. Chairperson Grant swore'in Meredith Wilson, 510 S. Ohio. Mr. Wilson has no objection to the shipping container because it has been upgraded and beautified. Chairperson Grant swore in the applicant, Carol Childs. Mrs. Childs gave the Board a copy of her public notice response, which she read aloud. She also read excerpts from a prepared statement titled, "Facts Relevant to this Matter" (copies are attached to the minutes)'. Mrs. Childs beheves.the Building Official has misinterpreted Section- 106-741(h) of the Code of Ordinances. She believes the term "shipping container" as referred to in -the ordinance is used to transport goods, but once the container is removed from transport, it becomes simply a container. She spoke with several truck drivers and an office worker, all employees of Packard Transport Co., and they concurred that to leave, stand, or park a shipping container in a residential zone would entail removing the container plus the chassig on wheels. They assured her that they would never remove a shipping container from its chassis in order to leave, stand, or park it. She showed the Board pictures of the shipping container. Chairperson Grant had some public safety concerns regarding the history of materials that were hauled in the shipping container. He noted that without proper testing, the possibility of toxic substances present in the container. could not be eliminated. The applicant told the Board that the container was used to haul fittings. Chairperson Grant asked Assistant City Attorney John Armstrong to explain the section of the ordinance that supposedly has. been violated. Mr. Armstrong stated that in addition to.the information provided in the Building Official's report, Section 106-1 of the Code of Ordinances defines shipping containers as "sealable shipping containers, -designed for intermodel transportation, either with or without a permanent affixed chassis, used in intrastate, interstate and international commerce for the shipment of goods and merchandise". He noted the sections of the ordinance referenced by.Mrs. Childs were in effect prior to the most recent changes by Council.