04/17/2000 Meeting Minutes - Laserfiche WebLink

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Regular Council Meeting 4-17-00 Page 9 for any reason. I would like to approach this (and it may not work with the timing of these follcs) from Beta Drive and extending to other parts of the Village. What is the setback now and what are we talldng about changing? Mrs. Mills asked Mr. Sarnac what the setback along Beta Drive is and if there is a difference by the Racquet Club. Mr. Samac said the zoning setbacks for most properiies located on Beta Drive which is predominantly zoned Production-Distribution are 100' setback. Other areas along Beta Drive such as the Racquet Club, Holiday Inn, the corner buildings on each side of Beta Drive and Wilson Mills are zoned Office-Laboratory. That involves not only building setbacks but primarily the parking setbacks for those areas. Mr. Buckholtz asked if you change the setbacks if that changes the way the property can be developed-could there be more roads? Mayor Rinker said no. First, it is unportant to recognize that when we talk about variances there are two kinds: 1) Use Variances which go to the zoning classification; 2) Dimensional--dealing with such things as setbacks, height restrictions, physical characteristics. Mayor Rinker said he had asked Mr. Diemert to point this out the last time we discussed this--the difference between the tests for variances depends on what type of variance is requested. A hardship request is when you are dealing with a use variance. Candidly, in Mayfield Village, there ain't no such creature. When you look to change the use of the site, you are looking to effectively to change the zoning--rezone the property. I believe with the NovaCare facility before the last Charter Review ComYnission met and there were changes between the relationship between the Board of Appeals, Planning and Zoning and Council, it was not as clearcut in dealing with those distinctions. NovaCare has what is termed a use variance. We don't provide use variances under the current Charter. The variance that is being requested here is a d'unensional, setback variance so the test is one of practical difficulty. A variance dces depend upon the specifics of an individual property. I was deferring to the report that David Hartt had prepared (on relatively short notice but he is pretty well versed in these things) and he had suggested that were we to grant a setback variance that we could expect that other people could want to do that in the future. I think that is just being fair to that possibility. My immediate question is what are the circurnstances triggering someone's potential request. We are told it is for the benefit of people who will be using this facility; they will be able to have more of a convenient parking arrangement. T'here is also a question of looking to the overall parking ratios that are required (the number of parking spaces for the zoning use.) Our ordinances are quite restrictive and therefore you are looking at a total number of spaces that seems to be,