09/08/1980 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 8, 1980 Gene's Auto Salvage was the buying and selling of used cars. Mr. McMahon stated that the Board had made inspections of the site on two different occasions and that previously representation had been made to the Board that all of the vehicles which were visible from the street were operable and that there was no salvage of the parts from these vehicles. He stated that the Board's review of the situation left the members with the opinion that there was a great deal of salvage from those vehicles. He stated that the Board recongnized that there was a certain amount of used car sales being conducted on the property and, if those sales could be isolated at the front of the property, that area could be left open with the balance of the yard being fenced as required by ordinance. Mr. Edward Olczak, the attorney representing Steve and Gene's stated that he had previously informed the Board that all the vehicles were operable. He stated that there was no difference between Steve and Gene's and the Weaver firm on this particular issue, yet that company was not required to fence its property. Mr. Olczak informed the Board that the vehicles from which parts are salvaged are not visible from the roadway. He still maintained that most of the vehicles on the lot were operable. He stated that parts are sold from various cars which are inoperable, but that Steve and Gene's was not a "junk" operation. He advised the Board that many of the inoperable cars are also sold complete as they are and that this area is quite a distance from the residential neighborhood. Mr. McMahon stated that the Board has not been in the business.of reviewing junk yard operations; however, since being placed in that role, must mandate compliance with the ordinance. Mr'. McMahon asked if the fence could be constructed and set back on the property thereby allowing an area in front for the sale of the used cars, and by "used cars ",. Mr. McMahon meant vehicles that were operable or driveable from the lot. He stated that the Board was aware of an inequity between the Weaver firm and Steve and Gene's regarding the fencing requirements, and he assured Mr. Olczak that that matter would be pursued further by the Legal Department. Mr. Olczak asked how far back the Board wanted the fence erected, and Mr. McMahon stated that the distance could be determined by the owners of the property since only they would know how much space they would adequately need for the used - car operation. Mr. McMahon stated that he hoped no junk cars or salvage parts operation would be conducted in the area which would not be fenced. Mr. Olczak stated that his clients would try to work some- thing out regarding erection of the fence, and he asked that the Board allow them time to do just that. Mr. McMahon stated that the Board would allow Steve and Gene's a 30 -day period to submit plans to the Board showing the layout of the property and the area to be enclosed by the fence. Mr. Kernan stated that Steve and Gene's has been very cooperative and helpful in this regard, and he felt they have continually been honest with the Board. Mr. Hill stated that, on August 11, 1980, the Board addressed itself to the operation of the junk yard located at 307 West Calvert (Mickelson). At that time,.some of the fence which was required was in place, and, on August 11th, the Board decided to suspend the license on August 25, 1980, pending the results of a hearing which was held on August 18th Mr. Hill advised that, at that time, it appeared that there was technical compliance with the ordinance, but, since that time, the Board had received complaints regarding the fence and an inspection by the Board had been made. Mr. Hill stated that, in two areas, the covering was not in compliance with the ordinance, one area of which was the front gate. Also, there was a discrepancy in the height of the fence and, in some instances, the operation could be viewed from the roadway. Mr. Hill explained that the ordinance provides that the fence be erected along or near any area visible from the roadway. He felt that, to comply fully with the ordinance, the front gate area should be re- worked to the same height, and fencing along the side of the property should be constructed of the same height. He presented photographs to the Board showing the problem with the various heights of the fence. He stated that there was some reference in the ordinance to uniformity of fencing materials used in