Business Violates Zoning Agreement

BOURBON - Town council president Bill Keyser and clerk Brenda Savage shared the table with town attorney Mark Wagner Tuesday to listen to complaints from several citizens, despite the lack of a quorum.

A large contingent of neighbors of East 12B Road asked for direction in dealing with a business they say has turned into an unsafe nuisance in their neighborhood.

Spokeswoman Frances Berkey said an auto repair business operated by Tom and Dennis Smith is violating an agreement reached with neighbors approximately three years ago when the men asked for permission to operate the business in an area zoned suburban. She said the men were to have no more than five vehicles outside the building at any time but now have as many as 14 in various states of disrepair.

She said the men are painting vehicles using a large, noisy compressor. They agreed to begin work no earlier than 8 a.m. but are beginning at 6 a.m. Another neighbor said the vehicles are being test driven on the road at high speeds and he feared for the safety of children playing outside.

The property is owned by Peg Gochenour and was the site of her late husband's trucking business. It has also been used by United Parcel Service trucks and as a garage for a local trash hauler. The Smiths were renting and planned to buy the site from Gochenour but were told the business would not be allowed to operate if the property changed hands. The agreement was worked out with the neighbors and the men remained renters.

Wagner said a 50-year-old ordinance states than any business in place at the time of passage would be grandfathered in even if it doesn't meet zoning requirements. But the business can't change or expand use. If it is not used for one year, it will revert back to the original zoning.

Berkey said she lived in the neighborhood when Gochenour Trucking was in operation and thought the business had been discontinued for at least one year. Wagner said the business had changed and expanded by the addition of a paint booth and by use as a repair shop.

Keyser asked that Wagner send the involved parties a letter stating that the agreement and the town zoning ordinance have been violated. He said the Bourbon Police do not routinely patrol that area, which is county jurisdiction, but would take action if speeding violations are observed.

He suggested residents contact county health officials over concern that possibly paint and thinner, as well as freon from air conditioners, are being dumped near the building.

In other matters, Jim Maurer asked why there was a ban on plastic bags to hold yard waste for pickup. He said he had several ready that weighed about 10 pounds but they were not taken. Keyser said it was not the weight but that the bags took too long to open, shake out and then dispose of. They were also a health and safety issue for town employees.

Street superintendent Roger Terry said most residents use their trash containers as yard debris is picked up on Monday and other trash on Friday. Maurer was told he could use cardboard boxes and could take them to the dump this time after notifying Terry of his intent. Notification is necessary because of liability concerns.

Maurer, still unhappy over the matter, asked how he could get the ruling against plastic bags changed. Keyser said the council would have to make the change but he intended to hold fast to his decision. "We have no legal obligation to pick up the waste and if people can't comply with the rules, we will stop picking up," he said.

In other business:

• Andy Hochstetler, representing the Clay Street Amish Mennonite Church, asked that the school being built by the church be supplied with city sewer and water service. Keyser said the request would be studied by the utilities department but could be addressed only at the next council meeting.

• Police Chief John West was given permission to advertise for sale a 1994 Ford police cruiser. Bids will be opened at the June 1 meeting.

• EMS representatives Ken and LeeAnn Cretcher asked the council to declare May 17-24 Bourbon EMS Week. The volunteer EMS workers plan to hold open house for their new facility from 9 a.m. to 5 p.m. May 24.