A RESOLUTION

BY:
NO.
(□AFFIRMING □OVERRIDING) THE DECISION OF THE PLANNING COMMISSION WITH RESPECT TO APPLICATION 22-3, BEING A SPECIAL USE REQUEST BY INSOMNIA COOKIES FOR EXTENDED OPERATING HOURS AT 6 OAKWOOD AVENUE, UNIT C.

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 April 2022, prior to opening for business, Insomnia Cookies submitted Application 22-3 to request a Special Use permit for extended operating hours, specifically, to remain open until 2:00 a.m.; and

WHEREAS, a duly-noticed public hearing on this matter was held by the Planning Commission on May 4, 2022, and having carefully considered the matter in light of the Special Use standards set forth in Section 1004.6 of the Zoning Code, the Planning Commission determined that while the proposed hours did not pose neighborhood compatibility issues with respect to the business’ architecture/aesthetics, utilities, parking/loading facilities, or likely traffic patterns, the requested late-night hours were a significant deviation from hours that currently exist in the NBD and were inconsistent with the residential uses and character of the surrounding neighborhood; and

WHEREAS, the Planning Commission noted that one existing business in the 6 Oakwood Avenue retail center, Firehouse Subs, has been granted a Special Use permit for extended hours until 10:00 p.m. on Friday and Saturday nights only, and determined that allowing the same hours for Insomnia Cookies would not have an adverse effect on the surrounding neighborhood; and

WHEREAS, by a vote of 4-0 with one member absent, the Planning Commission voted to approve Application 22-3 with conditions, to wit: Insomnia Cookies’s request for extended hours was approved on the condition that such extension would only apply on Friday and Saturday nights, and only until 10:00 p.m.; and

WHEREAS, on May 19, 2022, Insomnia Cookies filed a written notice of its intent to appeal the Planning Commission’s decision to Council, and subsequently filed a timely appeal brief on June 2, 2022; and

WHEREAS, on August 1, 2022, Council held a duly-noticed public hearing upon the matter, and heard testimony both for and against Application 22-3, and evaluated the same in light of the Special Use standards set forth in Section 1004.6 of the Zoning Code, and by a vote of with one (1) member recusing himself, finds that the Planning Commission’s decision is:

□ AFFIRMED; or
□ OVERRIDDEN, as set forth below;

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

SECTION I.

The foregoing recitations, and any additional facts set forth in this Section, are hereby adopted as Council’s findings of fact with regard to Special Use Application 22-3:

(Additional facts, if any:)