Sunday, February 19, 2012

Dollar General store opens even without being completed.

The following email was sent to Mayor Rachford, council members Weber and Hart, John Jewell, P&Z board chairman, Chris Mayhew with the Alexandria Recorder, and some residents of the Summerlake Subdivision Sunday evening February 19th at 9:20pm.


The Dollar General store at US27 and Summerlake drive is now open for business. 

I am concerned about several issues;
1.      The building is not completely bricked, and equipment is still in the parking lot, posing a hazard to customers.
2.      The lighting is not set correctly in violation of section 4.18 subsection F #3 of the 2009 City of Alexandria zoning ordinances. 
3.      Trees, shrubbery and fencing promised to shield the store from the neighborhood are not in place in violation of section 3.18 of the 2009 City of Alexandria zoning ordinances. 
4.      The dumpster is not in a corral or screened from adjacent property in violation of section 4.18 subsection F #2 of the 2009 City of Alexandria zoning ordinances. 
5.      The monument sign at the entrance is not bricked as promised it would be.
6.      They have outside sales without a permit in violation of section 3.29 of the 2009 City of Alexandria zoning ordinances. 

In regards to number 2, light from the south side of the building shines directly onto Summerlake Drive.  Lights from in front of the building and behind the building shine directly on the first 2 houses in the Summerlake Subdvision.  (see attached photos)

I believe that they will get the building completed and everything else taken care of eventually, but my question is how long will they be permitted to operate without these violations being enforced? 

Isn’t there someone appointed by the city who inspects new construction of businesses to deem them safe and up to code before they can be opened for business?  Someone dropped the ball on this one.  If we don’t have rules set forth to inspect buildings before they are opened to the public, then our system needs a major overhaul.

In my opinion they should not be permitted to be open for business until they are in compliance with all ordinances, all landscaping is complete, the building exterior is finished, and all heavy machinery is gone from the property.

I have attached photos depicting the issues discussed in this email, and copies of the ordinances cited above.

Please respond as soon as possible.

Thank you for your time and attention with this matter.

Respectfully,

Andy Schabell
1176 Summerlake Drive
Alexandria, KY 41001
859-###-####

Photos, 
 Here is the side of the store without side finished and heavy equipment.





Another view, dumpster not in a corral and landscape not even started.




Items for sale outside without the required permit.




No landscaping done at back of store.




Sign not finished, no landscaping done.



Lights from front of building shining over building onto Summerlake drive.





Glare on bedroom window and half of the house lit up from Dollar General lighting.






Ordinances cited;

Section 4.18 subsection F;

2. No outdoor storage of any objectionable material (useable or waste) shall be permitted in this zone, except within enclosed containers, and all dumpsters, etc. shall be screened from adjacent property.

3. No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way or into any adjacent property.

Section 3.18;

Screening areas shall be provided for the purpose of minimizing the friction between
incompatible land uses and improving the aesthetic and functional quality of new development. All screening areas shall be approved and inspected by the Zoning Administrator (or Planning Commission, where required by this ordinances) for compliance with a submitted development or site plan as regulated by the applicable requirements of SECTIONS 3.20 and 3.21 of this ordinance.
A. Screening areas shall be designed, provided, and maintained according to the
following:
1. Where natural vegetation and/or topographical conditions exist prior to
development, every effort shall be made to retain said condition, particularly where it provides a natural screening or buffer from adjacent properties. In such cases, additional screening may not be required, provided that provision is made
for maintenance of such condition to the satisfaction of the City of Alexandria.

SECTION 3.29 PERMIT REQUIRED FOR SIDEWALK SALES AND DISPLAYS
All Sidewalk Sales and displays shall require a permit to be issued by the Zoning
Administrator, and only if the application indicates compliance with all of the following
requirements:
A. Sidewalk sales and displays shall be operated as a use which is at least incidental to
the principal business of the applicant, and the merchandise offered for sale at the sidewalk sale shall be such that is ordinarily offered for sale at the business premises
of the applicant;
B. Sidewalk sales and displays shall be conducted only during normal business hours of
the applicant.
C. All sidewalk sales and displays shall be conducted on the sidewalk associated with
the business applicant; no sidewalk sale or display shall be permitted on any parking lot, parking area, drive or roadway; and no displays, merchandise or equipment to be used in the sidewalk sale and display shall block access to doorways, walkways,
ramps and driveways;
D. Minimum ADA and Fire Department requirements for access, ingress, egress and
walkways shall be maintained at all time

E. Each applicant for a sidewalk sales and displays permit shall complete an application
provided by the Zoning Administrator at least one week in advance of the day the proposed sidewalk sale will begin. The Zoning Administrator may require the Applicant to prepare a plan to illustrate the location of the displays, merchandise and equipment to be used in the sidewalk sale and display, and to demonstrate compliance with this ordinance.
F. No merchandise, displays, equipment or other material used in conjunction with the
sidewalk sales and displays shall be stacked up higher than the Zoning Administrator
deems safe under all of the circumstances;
G. Each business shall be entitled to participate in a maximum of Four (4) sidewalk sales
and displays per calendar year;
H. Each sidewalk sale and display permit shall be issued for a period not to exceed three
(3) days. Each permit shall be issued for a period of up to three (3) consecutive days. However, if inclement weather interrupts one or more of those days, the Zoning Administrator may exercise his discretion and extend the permit for a period of time
equal to the weather interruption;
I. No merchandise, displays or other materials or equipment shall be left or stored on
the sidewalk prior to the first day of the sidewalk sale and display permit period, nor
after the expiration of the sidewalk sale and display permit;
J. The permit fee shall be set by the City of Alexandria

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