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09/18/2408 THU 15:40 FAX 2003/010 <br />planning aad Zoning Meetutg Nfinutes <br />December 3, 2007 <br />Page 2 <br />Nlx. M2irrreXlx advzsed that if You read the apxnian, just the closeness courlts them as <br />adjacent whiah means we can by written cansent approve up to 50% of their parking ta <br />be shared on ottr lot which vvas one of the main issues. If we do that, then theie won't be <br />any requirement to go to the Zonung Baard. <br />Chairman Farmer asked if everyone got the lettex fram Joe Diemezt's office. A.xe there <br />any questions regarding that particular issue? That was the first thirng he addres5ed in his <br />Ieiter. <br />Tfiere was no discussion on tlzat <br />2. The ability to construct the 30$ squate foot entrance addition on Village <br />Property which is zaned residential - <br />Issues: Is it cornmercial use on residential property? <br />Would it be a land dease or an easement? <br />Mr. niemert explained that basically fhe zou.ing of our praperty is residential hexe. Our <br />use is no*_ residential obviously. It was aot resitlential when the chuu'ckt was here. Tlteze is <br />a general concept undex all municipal [aw thttt the Viuage is nat bound by its own <br />ordinances, the reasan being that you dan't make decisians that are n.ot for the best <br />interest of the health, safety and wel£are of our residents. Anything you decide ta do on a <br />patdcular prpperty owned by the Village is xemly for the best interests of the Vxllage and <br />its taxpayexs and thereforE you are exer,npt fxoxn the enforcement of yotu own Codified <br />Qrdin2nces. T'b,at has been the law in Qhio foz many years tmless you adopt sn ozdinance <br />that says otherwise. As a result, you cas? allow a different kind of use on the property as <br />long as you determine that it is for the benefit and health, safety and welfare af the <br />cafiizemy, We had recommended in the cotuse of the letter here tb,at you would ,gxve them <br />a land lease. We would xetain own.ership of the propexty and give thexn a landlease with <br />specific terms and also protect the Village in the instance that they stop doxng bus'mess, it <br />com.e's back ta us. If they stop that patticulaur use or try to expand zt, it comes bacY. to us. <br />There are many restxiictiQns on it that wauid be pratectxve of our situation bere. You can <br />da it as a conditional use permit where you can visit it every twa years like we d,Q on a lot <br />of them. If yau see xt is not workutg well, we can revake the conditianal use permit and <br />put it back to where it was. <br />Mr. Marrotte stated that xt seems to him that saying it is for publie heal.th and safety is <br />quite a stretch. It is really for the bottom line for Heinen's, not that it has azaything to da <br />wi#h the hea1#h and safety af the people who live an Meadowoad or Sa,ndalwaod or <br />A.intree Fazk. <br />1*. Regan stated that today anyane who needed to access thi,s parking would be very <br />#harAful io Iia.ve a narth cntrance oves here. <br />Mr, IYTamtte stated that they alreatiy have a door on the east enlxance at the eoxner that <br />they don't use. Mr. Marreili replied that that is a doar far the garden people. It is only an