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<br /> <br />PLANNING COMMfiSSION MAY: 24, 1988 PAGE 7 <br />City Engineer Boyer advised that this assembly plat has been withdrawn <br />and will be discussed under New Business. <br />3) Michael B. Brieck Subdivision and Assembly Plat <br />The proposal is to combine parcel 236-8-7 (Dr. Waghra_y site), which fronts <br />on Lorain Road, with the rear portion of parcel 236-8-11 which fronts on <br />Columbia Road, into sublot no. 1, and to combine parcel 236-8-10 with <br />the front portion of parcel 236-8-11, both fronting on Columbia Road, into <br />sublot no. 2. Note that the zone line divides the rear portion of sublot <br />no. 1, and that neither existing parcel 236-8-7 nor sublot no. 1 conform <br />to the Zoning Code requirements.for frontage and area in a Retail Business, <br />General District. Sub lot no. 2 is zoned C-Residence, Single, and conforms <br />to the Zoning Code. <br />City Engineer Boyer explained that both parcels faciiig Columbia Road are <br />zoned residential and this would split off a portion of the residential <br />property and join it to a property zoned General Retail. 'Mr: Brieck <br />advised that he would be selling the rear portion to Dr. Wagtiray whose <br />commercial property faces Lorain Road.' He is not asking for a rezoning <br />at'this time, this would be the responsibility of the new owner. Mr. <br />Morgan stated that lots with split zoning have caused problems previousl_y. <br />Mr. Kazanas, the realtor, explained that.the rear portion of the doctor's <br />parcel is actually resideritial, not General: Retail and is used for parkirig <br />now. Assistant Law D'irector Dubelko advised the Commission not to approve <br />the assembly of :a split zoned parcel since there could be problems' if a re- <br />zotiing request was taken to court. Mr. Kazanas explained that Mr. Brieck's <br />property is surrounded by commercial property and argued that he was ad- <br />vised by the City to request that it be split off and-have it ass-embled. <br />Mr. Gorris stated that the Commission is concerned about too much retail <br />property, but there would be no problem assembling the two parcels facing <br />Columbia Road without splitting off the rear. T. Morgan moved that the <br />Michael B. Brieck Subdivision and Assembl_y Plat to combine parcels 236-8-7 <br />with the rear portion of parcel 236-8-11 into sublot no 1 and to combine <br />parcel 236-8-10 with the front portion of parcel 236-8-11 into sublot <br />no. 2 not be approved, seconded by R. Bierman, and unanimously approved. <br />Mr. Brieck was advised that another plat must be submitted to assemble - <br />the two parcels. - <br />V. COMMUNICATTONS: <br />A letter was recieved from Mayor Petrigac regarding working with a traffic <br />consultant. Mr. Thomas will draft a.response for the next meeting <br />VI. COMMITTEE REPORTS: <br />No items. <br />VII. NE[d BUSINESS: <br />Regardin'g ttie Developers Diversified property which is in negotiations.at <br />this time as prescribed by.the court, Mr..Morgan has drafted a letter to the <br />Mayor and Council requesting that this proposal be presented to the Commission <br />prior to:a judicial mandate being delivered which will fix the use of this