08/18/1980 Board of Public Works Minutes

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REGULAR MEETING AUGUST 18. 1980 PUBLIC HEARING - SCRAP DEALERS' COMPLIANCE WITH FENCING REQUIREMENTS Mr. McMahon stated that the public hearing on compliance of fencing requirements for local scrap dealers was continued from the August 11, 1980, meeting in an effort to allow additional time for a few of the dealers to erect the fencing required. Ms. Barbara Weidnoff, operating the yard at 307 West Calvert, was in attendance. Fire Inspector Kaczmarek presented photographs to the Board showing that the front gate had been fenced in as required. A resident in the area stated that the whole yard was not concealed and could be viewed from Franklin Street. Mr. McMahon stated that, with the installation of the front gate, the operator was considered to be in compliance with the ordinance. Ms. Loretta Duda, Director of the Mayor's Action Center, agreed that the yard could be seen from Franklin Street, along the railroad tracks. Mr. Carl Leibowitz, the attorney representing Ms. Weidnoff, stated that, if the Board felt the fence was not in compliance with the ordinance, he would instruct his client to make whatever changes were necessary; however, he felt she was in compliance and that the fence had been installed in accordance with the ordinance. Inspector Kaczmarek stated that, on the west side of the property, a chain -link fence had been erected. Mr. McMahon clarified that the ordinance requir- ing the fencing dealt with areas along public streets. Mr. Roger Bailey, 1719 South Taylor, stated that he thought the fence was to be of uniform height and that the.fence around the scrap yard at 307 West Calvert was not uniform in height. Mr. George Divjak, President of the Rum Village Neighborhood Association, also stated that the membership of the association did not feel the fence had been properly erected. Mr. Kernan asked if the fence was at least six feet high around the property as required. Inspector Kaczmarek stated that the fence was six feet high in some places, and in some areas, it was higher. He stated that the reason for the difference in the height in some areas was because of vandalism problems, according to what Ms. Weidnoff had explained to him. Another resident in the area stated that he thought the fence was to be a solid or opaque fence. Mr. McMahon stated that that was correct; however, that was only required in areas.that front or border on public right -of -way. Mr. Art Garden, 1820 South William, stated that he lived only two blocks away from the scrap.yard. He stated that the residents in the area objected to the way the scrap dealers have handled the fencing requirements. In this particular case, he felt the fence had been constructed of junk and the fence, in no way, contributed to the beauty of the neighborhood, something which the residents were eagerly trying to accomplish. Mr. McMahon asked if Ms. Weidnoff was in a position to improve the quality of the gate, at least similar to the material used.for construction of the fence. He felt that, where the yard bordered on public right - of -way, the fence appeared to be in compliance with the ordinance. Mr. Albert Mickelson stated that the material for the fence was new material and it had been installed professionally. He stated that he could change the gate so that it would match the rest of the fence. Mr. McMahon asked if the gate could be improved consistent to the rest of the fence, and Mr. Mickelson asked if it would have to be 10 t.o'12 feet high. Mr. McMahon asked that it be constructed of the same material as the rest of the fence. He stated that it would not have to be 12 feet high. Mr. Mickelson agreed to change the gate and.use the same material as the rest of the fence. Mr. Divjak asked Mr. Mickellon where he should be sending scrap dealers when they wanted to conduct business with him. Mr. Divjak stated that the dealers are running all around the neighborhood trying to find Mr. Mickelson. Mr. McMahon reminded Mr. Divjak that the purpose of the meeting was to determine whether compliance with the fencing requirement had been met. He stated that, from the photographs taken, it appeared the fence was in compliance with the ordinance which required solid or opaque fencing in those areas which border public streets. He stated that Mr. Mickelson had agreed to change the gate to match the rest of the fence in an effort to make it more pleasing to the neighborhood. The question of Ms. Weidnoff operating the scrap yard under the license of Albert Mickelson was referred to the Legal Department for action.