A RESOLUTION

WHEREAS, Insomnia Cookies opened in May 2022 as a permitted business use (bakery) located at 6 Oakwood Avenue, Unit C, which is within the zoning district known as the Neighborhood Business District (NBD); and

WHEREAS, pursuant to the Oakwood Zoning Code, permitted operating hours within the NBD are 7:00 a.m. to 9:00 p.m., unless otherwise authorized by Special Use permit; and

WHEREAS, in August 2022, Council adopted Resolution No. 1897, approving a Special Use permit for Insomnia Cookies whereby:

• Retail operations may be open until 10:00 p.m. on Sunday through Thursday evenings, and until 11:00 p.m. on Fridays and Saturdays; and
• Delivery operations may be extended until 2:00 a.m., seven days a week; and

WHEREAS, due to concerns about potential foot traffic and noise, which Council considered speculative but not unfounded, Resolution No. 1897 stipulated that the Special Use permit was granted on a trial basis, subject to reevaluation by Council at its August 2023 regular meeting; and

WHEREAS, city staff has reported to Council that in the intervening year of operation, no complaints have been received with regard to extended hours at Insomnia Cookies;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAKWOOD, STATE OF OHIO, THAT:

Council has reevaluated the Special Use permit for extended operating hours at Insomnia Cookies, 6 Oakwood Avenue, Unit C, and hereby finds and determines that no complaints have been received regarding the same and that a continued trial period is no longer warranted.

Resolution No. 1897 shall be and hereby is amended to terminate the “trial basis” condition and to make the hours granted therein permanent, as if approved without conditions.

The Planning and Zoning Department is hereby directed to issue an updated Special Use permit to the applicant consistent with this resolution.

It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, if required, in compliance with all legal requirements including Ohio Revised Code, Sec. 121.22.

This Resolution shall be and remain in effect upon its passage.