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Permit for auto repair business approved by city council

Snavely publicly opposes condition restricting business hours for shop

By Jennifer McDaniel, jennifermcdaniel@miconews.com

Wednesday, May 14, 2008 4:22 AM CDT
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A request by a Spring Hill business owner for a conditional-use permit to move his existing business to a new Webster Street location was approved Thursday night by city council members, but a permit stipulation limiting his hours of business caused concern for one city official.

Jim Thompson, owner of J&T Auto Service, applied for the permit this spring, but he later learned a variance was needed in addition to the conditional-use permit and site plan approval after learning the setbacks on the west and south sides of the property were needed. Thompson has plans to move the shop from 103 N. Webster St. to 409 N. Webster St. The proposed site has a vacant building that will be demolished along with all other structures on the site. The permit request and a final site plan received approval from the city’s planning commission in April, but with some conditions. Of the four conditions placed on the business, one limited the hours of operation from 7 a.m. to 7 p.m. with an exception for emergency work.

The restriction stems from a discussion among city planners when the permit request was brought before the commission in April. At that time, Planning Commissioner Brian Haupt expressed his concerns about the business, primarily about the noise caused by tools, such as pneumatic wrenches. The surrounding neighborhood is a mix of businesses and a few residences.

While the business will have seven bays, plans include an 8-foot privacy fence with plants and shrubs on both sides to absorb the noise.

Spring Hill City Council Member Scott Snavely said he felt the restriction seemed more like an infringement on Thompson to operate his business. Thompson said he would work with city officials the best he could, and if it became an issue he would bring the matter to city officials when the permit is renewed in five years.

City officials said Thompson was not alone — other businesses have had similar conditions placed on their hours of operation.

“It’s not uncommon to have restrictions with similar businesses,” Mayor Mark Squire said.

“Even if it’s in there, I still feel like we’re restricting a business,” Snavely said. “I can see a huge issue in there. I don’t think we should put restrictions on the hours of operation for other businesses either.”

Snavely suggested having the hours of operation restriction condition removed, and made a motion approving the ordinance without the stipulation. The motion died for a lack of a second. Council members went on to approve the permit with the conditions recommended by city planners and a site plan for the new business.

“I said yes to the conditional-use permit, but I don’t think it’s the business of Spring Hill to restrict businesses,” Snavely said.

“I don’t think it’s in the city’s best interest to regulate businesses. If we want to be a growing community, we need to not restrict them.”

In other business, the council:

Agreed to begin further research into which entity — either the city of Spring Hill or Miami County — owns Columbia Road. Squire said maintenance is at a standstill currently because it cannot be determined who owns a road he described as a quagmire. The concern is, he said, residents who live along the road do not have reliable access to their property. Council Member Chris Leaton said he did not favor providing city services to residents within the city limits, and that was something the county should provide.

Council Member Steve Ellis suggested officials first determine who owns the road and proceed from there.

City Public Works Director Rory Hale said the city has had similar problems of inheriting poorly maintained roads from Miami County in the past, while roads taken over from Johnson County have existing features like ditches.

“The roads have been in disrepair, and we’ve had to bring them up to a standard,” Hale said.

City Attorney Frank Jenkins said the city has had title work done to determine who owns the road, but it was inconclusive.

City Administrator Jonathan Roberts said the city had no formal plans to further develop the road, but if work is done, the cost would be significant.

“We have projects in the city that we need to get done, and at this point, we need to find out who owns the road,” Ellis said. “We don’t want to turn a blind eye to those residents, but when it comes to taxpayer money, we need to spend money to improve city roads.”

Purchased a 2008 Crown Victoria for $22,064 from Shawnee Mission Ford. The new car replaces a patrol vehicle that was wrecked last month.

Approved a pool agreement with the Spring Hill Recreation Commission.

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