Saturday, July 5, 2014

" THAT'S JUST THE WAY IT IS " bruce hornsby

BULLETIN PAINESVILLE MAN VICTIM OF A HOMICIDE IN A SHOOTING ON THE 900 BLOCK OF HINE AVE. ON THE FOURTH OF JULY.

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After me asking about the problems the Cedarbrook area was having with the sounds emitting  from Atwell's gun range Councilman Mike DeLeone asked the city manager to look into the situation.

City Manager Tony Carson assigned Lynn White to research Atwell Gun Range. After spending considerable time on this project here are her findings

The Italianized  questions and remarks are mine and are not included in Ms. Whites report.

205 Chestnut Street (Atwell's) was issued a building and zoning permit in 1974 for the construction of a building. The property was located in an M-1 Restricted Industrial District at that time. The structure that was built houses the firing range. There was no indication on the application in the file the structure was to be used in that manner. The permits were issued without any variances granted.

Sounds like " don't ask, don't tell". No variance was granted because no one asked for one, or was one not needed at that time (e) on the ordinance was it included in another ordinance before 04/19/82?

In 1978 a variance was requested for an addition on the building fronting Chestnut Street which houses the retail sporting goods use. The variance was granted and after reviewing the minutes there was discussion regarding the shooting range operation. There was no mention at that time as to objections to the "nuisance" of the use. The variance request was a public hearing item and surrounding property owners were notified appropriately.

Now were the residents notified about the variance of the sales area or the gun range? It would be interesting to see a copy of that letter. Now I remember at one time Atwell's housed an Dairy Queen type ice cream shop on that property in the early 60's also Bernie Atwell ran a towing service.
Wonder if and consideration was given to ask the right questions?

The current use in a B-2 General Business District would not be allowed today if it were to be constructed as a new use. The code defines a non-conforming use- a building structure, premises or use legally existing prior to the adoption of this ordinance that does not conform to the current regulations of the district in which it is currently located. This particular issue would fall under that category.



I guess the legal minds must decide if the Gun Range had a legal variance?

The noise can be monitored under the noise ordinance and a citations could be issued if the operation is violating the code.

Question who would monitor the noise, at what location. Today the gun range is closed.
I can't understand why the city wouldn't enforce the nuisance ordinance? It's like an  M-80 barrage at times?
What does the neighborhood want? Some peace and quiet that's all. They don't want to stop the use of the gun range or put anyone out of business. This all could be resolved if the owners took responsibility. Two neighbors even said they would support a variance for a larger range if there was proper sound deadeners in place.

Question can anyone explain why this request is unreasonable?   


17 Comments:

At July 5, 2014 at 5:59 PM , Anonymous Anonymous said...

This city sucks,
Did you know you could and as far as I know still can buy a box of fireworks the big kind at Clark Gas for $ 25.00

The lations had the largest firework displays this year, they even had one on the corner of Elm & Railroad with over 45 cars parked all over the place to watch, and when we went by, a PPD car drove right past, just like they do when they play there music and PPD sit right next to them at a red light, and one more thing did you see Evergreen and Riverside this weekend what a joke no trimming around the head stones, but they have guys cutting out the crosswalks and I could not belive we saw 2 city workers in a truck watering the flowers downtown on the 4th of July, do we pay them holiday pay.

THIS TOWN SUCKS

 
At July 5, 2014 at 10:23 PM , Anonymous Anonymous said...

I wonder if, before Friday, the Painesville police were instructed to ignore fireworks and loud music on the 4th, because there was an excessive amount of both during the day, and well into the evening. I live on Parkview, where, for most of Friday, it sounded like the neighborhood was under attack from incoming mortar fire - I'm talking M80s and the like, not firecrackers - accompanied by a slow jam R & B soundtrack, courtesy of a stereo cranked up to 10, emanating from a house around the corner on E. Erie. It's not surprising that the loud music, as well as the loudest fireworks, came from nearby rental homes and the Silver Mist apartments. The renters have no stake, financial or otherwise, in their neighborhood, so why do they care about their behavior, especially if the police won't do anything about it? Speaking of the police, I didn't bother calling them, as I figured that it wouldn't do any good, assuming that the rumor about a hands-off policy they have regarding certain minorities is either wholly or partly true.

 
At July 6, 2014 at 6:39 AM , Anonymous Your neighbor said...

Does anyone know if an arrest has been made in connection with the homicide?

 
At July 6, 2014 at 9:13 AM , Anonymous TERM>> said...

10:23 You do realize PPD was dealing with a homicide Friday night? They have priorities. Hey at least there trying to assimilate?
6:39 All quiet. News-Herald buried the story in a small column on page 5. No names mentioned . Was he in a house, yard or car? No ones talking.
Yet facebook has more information then anywhere.

 
At July 6, 2014 at 10:05 AM , Anonymous Anonymous said...

Since I didn't call the police regarding the noise, the fact that there was a homicide going on is not relevant. The point is, even if there hadn't been a homicide, the police probably wouldn't have done anything beyond a drive-by.

 
At July 6, 2014 at 12:34 PM , Anonymous Anonymous said...

Term is right, the homicide occurred sometime in the 8 o'clock hour and according to the scanner traffic, all units were called to the scene and not available for non-emergency calls.

Sorry, fireworks aren't an emergency call, they're just annoying.

 
At July 6, 2014 at 4:40 PM , Anonymous TERM>> said...

10:05 It's VERY relevant. You didn't call because why? If you take this to a council meeting or a council person they will tell you the same thing. Your assuming to much.

 
At July 6, 2014 at 6:04 PM , Anonymous North State said...

I'm "that person" in my neighborhood - the one who always calls about loud music or out-of-control firecrackers. The police always come. Even though I usually don't leave my name. They have never yet ignored my calls. And our neighborhood is pretty quiet these days. :-)

As for the homicide I really do wish we'd get more information. That happened right around the corner from our house. I walk down Hine Avenue all the time. I would very much like to know what the hell happened.

 
At July 8, 2014 at 11:05 AM , Anonymous New PPD CHIEF said...

Remember what our new PPD Chief said to the paper “The Hispanic community is very open to talking to the police,” Powalie said. “The fear is they’ll get deported.”
He said the department is in place to protect everyone.
“If you come in with a desire to help people, ethnicity doesn’t matter,” he said. Seems the city has more of a desire to help the criminals even more now.

 
At July 8, 2014 at 3:25 PM , Anonymous TERM>> said...

6:04 In todays News-Herald a small article of victims name. No other details? Suspect , exactly where and how it occurred. Someone is deciding what we need to know. Odd most people I talk to know who the suspect is and there relationship.
11:05 Presently the PPD is looking into who is stealing the flower pots around town. Odd why some are still in the Main St. construction area?

 
At July 13, 2014 at 2:44 PM , Anonymous Anonymous said...

Mr.5:59. The two people watering flowers are volunteers. Or summer students that are paid a low wage to do work, so they have a summer job. Mr. 10:23 because you failed to call the police you failed as a resident of the city. The police were not told to look the other way but if no complaints no action taken.. I called in for fireworks and officer were their and I observed them taking fireworks from a large hispance party. You no call you no get inforcement.....your fault.. Stop listening to rumors ...

 
At July 13, 2014 at 8:54 PM , Anonymous Anonymous said...

J.B was sitting in a car next to can't tell.

 
At July 14, 2014 at 9:12 AM , Anonymous TERM>> said...

T.W. I don't know who PPD has in custody or any of the names you mentioned. Until the police give a news release lets hold off.
J.B. can tell.

 
At July 14, 2014 at 10:09 AM , Anonymous Anonymous said...

2:44 it's not just rumor. I quit calling because of no response on the complaints against the Hispanics for their music and cars. Maybe it depends on the officers on duty. Maybe some don't ignore the complaints but others do.

 
At July 16, 2014 at 3:34 AM , Anonymous Call Me said...

Wait, this is not the first time I've heard the PPD does nothing unless they are "called". I can't believe they are allowed to drive by someone breaking the law and can't respond unless they are "called". If they witnessed a robbery in progress, would they just drive on?

 
At July 16, 2014 at 9:06 AM , Anonymous TERM>> said...

10:09/3:34 Your working under the idea that officers can pick and choose their calls? I have never heard of anyone 'ignoring' a call.
3:34 The key word is witnessed. I guess if something happens 30 seconds before they drive by or after they are to have super powers to know this. Another example the fire department needs a call in most cases to respond to an emergency or fire.
Look PPD has a hard enough job without this second guessing. Why do people like firemen more than policemen? When was the last time a fireman wrote you a ticket?

 
At July 18, 2014 at 3:50 AM , Anonymous PFD-PPD said...

NO, I'm not saying they pick and choose. Your post implied if no one calls nothing is done yet I see police cars on the road at all hours of the day. That is what they do - they police, they patrol. They drive hours a day on patrol. Please don't tell me if they see something they can't/won't/don't stop unless there is an actual call to 911 then sent to them? Then why drive all day to be sure all is well and not stop? Fireman respond when called they don't drive all day looling for a damsel in distress, not their job. BTW this isn't a competition between PPD and PFD it's their jobs.

 

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