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PLANNING COMMISSION JULY 12, 1988 PAGE 4 samples of materials also be presented to the Architectural Board, seconded by R. Bowen, and unanimously approved. 4) OfficeMax, 26035 Lorain Road Proposal to convert existing supermarket to office supply outlet. Mr. Morgan read a letter from Robert L. Stark, Partner, Brooklor Company which stated: "Dear Members of the Planning Commission: "We have been advised that Office Max is on the agenda for tonight's meeting concern- ing certain proposed changes to the Rini's Supermarket and/or sign at the above referenced location./ Please be advised that the undersigned is the bwner of said property and that such property is under lease to Rini's Stop-N-Shop, Inc. Under the terms of such lease, Rini`s may not assign its lease or sublet its leased premises to any party, including Off ice Max, without the prior written consent of the undersigned. So that there will be no misunderstanding, as of this date, the undersigned has not given such consent in connection with.Office Max's assignment or sublease of the subject property. Mr. Kline, architect for the developer, stated he was not aware of this problem, but.requested_that the Commission review the proposal subject to the approval of the land- lord. Assistant Law Director Dubelko advised that the item be tabled until the developer has the consent of the owner. Mr. Kline requested that the proposal be tabled. T. Morgan moved that the proposal to convert an existing supermarket to office supply o.utlet be tabled until such time as the developer has obtained -approval by the'landlord to con- tinue with the proposal; seconded by J. Thomas, and unanimously apnroved. IV. NEW DEVELOPMENTS AND SUBDIVISIONSt 1) Gustafson Lot Split The proposal is to subdivide permanent parcel no. 237-30-5 into two.(2) sublots. Location is the east.side of Columbia Road, south of Cedar Point Road. Zoning is "A" Residence, Single. Note that proposed sublot no. 1 does not conform to the Zoning Code Requirements for minimum side yard width of f ive (5.0) feet: Note that required variance was granted by the Board of Zoning Appeals on June 8, 1988. City Engineer Boyer explained that the l foot side yard variance for the existing house was granted. Mr. Morgan stated that this proposal had been discussed at l:ength at the last meeting, but that since the variance was granted, the lot split is legally conforming, the Commission has no reason not to approve it, but certain recommendations would be made that test borings must be taken, and if these tests indicate that a structure would have detrimental effects, a building permit might not be issued. He advised Mr. Gustafson, the owner, that there could be a liability for the developer if:there were any harmful effect brought upon the adjacent properties. 'Mr. Gustafson stated that he is committed to preserving the existing house and will have control over any building on the adjacent lot. He presented pictures of the area below his house which he maintains shows that the erosion on his property has been con- trolled by work that was done previously. He presented a contract for a deck with tier walls which he maintains will control erosion on the . lot with the house and sta.ted thatt!e is investigating bther means of erosion control on the vacant lot. H.:;Reichel, a res'ident of Columbia Road, again protested building on the adjacent lot on the basis of increasing v