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PLANNING COMMISSION FEBRUARY 24, 1987 PAGE 5 2) Milton's Rezoning Proposal Proposal is to rezone permanent parcel number 232-28-25 from "B" Residence District to General Business Retail Zoning in conjunction with the plans as submitted. The parcel is located north of Milton's Restaurant on the eastern side of Silverdale Road. The parcel to be rezoned contains approximately 0.23 acres of land. City Engineer Schaller presented proposal to rezone, explaining that the zoning line at this point is not even and the adjacent Property facing Lorain Road is zoned General Retail further b ack than the Milton's property. He also pointed out that the restaurant property is actually two lots. Mr. Swietyniowski, representing Milton's, ex- plained that the lot in question is a legally nonconforming parcel and is vacant. Tf the property is rezoned.they intend to buffer it along the residential property with landscaping, trees (approximately 30 to 35); a fence (type to be determined by the adjacent residents); and will continue this buffer along the Silverdale Avenue frontage, if residents so desire. There will be no access on Silverdale, and parking lot will be illuminated with low ground lights. The.owner is willing to place deed restrictions on this lot so that it would have to be maintained as a parking lot and with the buffer strip as described. This rezoning would stra'iglit.en the zone line between Canterbury Road and Silverdale Avenue and the depth of the General Retail property would not be greater than the 500 foot maximum which is the usual depth of this zoning along Lorain Road. Assistant Law Director Dubelko agreed that the deed restriction would maintain the property as a parking lot and could also enforce landscaping and lighting restrictions. Mrs. Sappone, who lives behind the adjacent Burger King, complained because their dumpster is next to her yard and is concerned that the Milton's dumpster would also be moved back onto this lot. Mr. Swietyniowski stated that the dumpster could be prohibited on this property by the deed restrictions. Mr. Gorris is concerned because this problem is the result of over developing the property and he is questioning where does this type of rezoning stop, especially since there are other developments in the same situation, and stated that the argument for straightening the zone line could be used in many other instances. Mr. Morgan stated that the Commision has an obligation to develop the city in an orderly fashion, and that residents have a right to believe that adjacent property will not be rezoned. Mr. Swietyniowski responded that each rezoning should be judged individually and is not a precedent setting situation, that the property involved is non-conforming and prob ably will never be developed. Chairman Burns has no problem with this particular proposal since lot is small and non-conforming, and this rezoning will alleviate an exist- ing problem, it will align the zone line between Canterbury Road and Silverdale Avenue, and he does not believe it would create a problem for the residents in the area. J. Burns moved to approve the rezoning request for permanent parcel numb.er 232-28-25 on the condition that the parcel is assembled along with the two existing parcels occupied by Milton's restaurant, seconded by E. Traczyk. Roll call on motion: Burns, Traczyk, and Bierman, Yes. Thomas, Gorris, and Morgan, No. Motion failed to pass. E. Traczyk moved to approve the proposal to rezone permanent parcel number232-28-25 contingent upon the assembly of the three permanent parcels and the deed restrictions without egress