The Johnstown Zoning Board of Appeals held a meeting on June 19, 2008 at 3:45p.m., in the Council Chambers, City Hall.

PRESENT:
Joseph Hanchar                                   :  Board Member
Peter Raneri                                        :  “                    “
Jack Valachovic                                   :  “                    “
Christine Krempa                                 :  “                    “
Fredrick Franko                                    :  “                    “

ABSENT: 
George Kline                                        :  Chairman 

Also present was Susan Palmer Johnson, City Attorney; Bruce Heberer, Fire Chief; Kay B. Cole, Liaison to the Council; Cathy A. VanAlstyne, City Clerk. 

Joseph Hanchar, Acting Chairman, called the meeting to order and asked for a roll call. 

APPEAL No. 2 – Mark Mancini, 107 S. Comrie Ave., is asking for a Use Variance to open MPM Automotive Services, providing paint less dent repair, detailing, accessories installation and occasionally small paint repair. The building he is leasing for the business is located next to Handy Ups and Downs and across the road from Eagle Chevrolet.  He is employed full-time by Eagle Chevrolet as a service manager. Mr. Mancini said he would not be registered as a repair shop because he will only be working on Eagle’s cars. 

Automotive painting is only allowed in an Industrial Zone, not in an Arterial Commercial Zone.  Chief Heberer explained what is allowed use and no painting is allowed in a Commercial Zone.  Only an accessory use is allowed to a car dealership.  Mr. Franko added that the applicant has not explained a hardship in his application.  Mr. Mancini said that part of repairing a vehicle would be to paint it. 

Mr. Franko made a motion to deny Mr. Mancini’s application.  Seconded by Mrs. Krempa.  Motion carried. 

APPEAL No. 3 – Yvette Auty, DBA The Bike Works, would like to purchase the old VFW building on Chestnut St. from Steven Willette.  They plan to sell bicycles and repair them and to renovate part of the building into living quarters.  They will also construct a 24’x50’ storage garage to store new bikes and customers bikes being repaired.   

It was decided that this request should be for a Special Use Permit and not a Use Variance.  The Special Use Permit would be for this business only.  It was also decided to put restrictions on the permit.  They are as follows:

1. The Special Permit is for the Bike’s Works only and be owner occupied.
2. Hours of operation shall be Monday-Friday, 10am-6pm, Saturday, 10am-3pm and closed on Sunday.
3. No more than ten (10) bicycles will be displayed outside. They will be brought into the building at the end of the day.
4. The free standing sign on the lawn shall be no larger than 3’x4’ and meet the setback requirements. An additional sign will be mounted over the entrance; size to meet the requirements in the City Code.
5. Proposed addition shall be limited to 24’x50’.
6. Existing entrance from the street and parking area shall remain the same.
7. Existing entrance to the building shall remain the same.

If approved by the Zoning Board of Appeals the project will be referred to the Planning Board.    

Mr. Franko made a motion to amend the application to a request for a Special Use Permit and to approve the application.  Seconded by Mr. Hanchar.  Motion carried. 

A motion to adjourn was made by Mr. Franko and seconded by Mr. Raneri. 

Respectfully submitted, 

Cathy A. VanAlstyne
City Clerk