Some of the facts are in dispute in a Hill Street zoning decision now on appeal before the Albany City Council.

The case concerns an industrial building and paved lot at 1020 and 1110 Hill St. S.E., owned by Terry Shores.

Timothy and Paula Connaghan want to buy the property and move their car repair business, Crabtree Automotive, there.

Formerly zoned heavy industrial, the property was rezoned for office and professional uses in 2003.

The new zoning does not allow the repair shop, but the planning commission approved a change in a non-conforming use to permit it, based on findings that the repair shop would have less impact than the current industrial use.

In its "findings of fact," the planning commission said the property was "currently used" by a plaque-making factory and for the reloading of lumber from rail cars to trucks.

One owner of neighboring property, former Albany resident Marianne McDonald, said in her appeal filing that the planning commission had acted on wrong information, including that "the current business averages 20 rail cars a month and 60 semi-trucks a month."

"It has been several years since semi-trucks used that property," McDonald wrote.

She asked that her filing fee be refunded on the grounds that the planning commission's information was "incomplete and inaccurate."

Three other neighbors, Timothy, Charles and Josephine Rowe, also objected, fearing more noise, among other things.

The council received five letters in support of allowing the repair business. The supporters include Kent J. Wilson, president of At Home Furniture, next door to the property at issue; John Pascone, president of the Albany-Millersburg Economic Development Corp.; and Janet Steele, president of the Albany Area Chamber of Commerce.

Steele wrote that Crabtree Automotive would improve the property by landscaping the front yard and parking lot and putting a new front on the warehouse.

"Crabtree Automotive has a long history of being a quality business in Albany," she wrote.

The council will hold a hearing on the appeal when it meets at 7:15 p.m. Wednesday at City Hall.

Democrat-Herald