07/26/1988 Minutes - Laserfiche WebLink

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..- • . .? PLANNING COMMISSION JULY 26, 1988 PAGE 4 residential sublots on Brookpark Extension in order to construct a retail store. Mr. DiBenedetto stated that .the lots are not suitable for resi- dential development since the property abuts and is across from a General Retail District. Mr. Gorris noted that when Brookpark Road Extension was cut through some of the land adjacent to the road'. remained General Retail and the rema.inder was zoned "A" Residential and subsequeritly the portion with a house facing Dover Center Road was split off by the devel- oper and the rear portion was later split into two lots. The Commission has refused to rezone this property previously since they believed that the retail zoning should be held at Brookpark Extension. P4r. DiBenedetto stated that he had a letter from the owner of the house facing Dover Center and abutting this property which states that he has no objection to the request. Mr. DiBenedetto also has talked with the son, of the owner of the property to the rear who stated they no longer oppose the rezoning. City Engineer Boyer advised that if these two lots are combined the lot would conform to code requirements for the General Retail District. P4r. Geiger again stated that there would be no way to develop this property residentially. Mr. Morgan agreed, but stated the developer had created this situation by selling only the front portion of the property with the house. Assistant Law Director Dubelko advised that it is not a good practice to have property with split zoning, and also the fact that this is a self created hardship would probably not be taken into consideration if the proposal were taken to the courts. Mr. Geiger maintained that the Commission could not have stopped the subdivision of the property since it conformed to code. Mr. Gorris stated that if a rezoning is granted he wants the Engineering Department to make sure that the zone line follows the propoerty line so that no slivers of land have a different zoning and pointed out that it would appear that a small portion of sublot 1-A, residential property, is zoned General Retail. T. Morgan moved to approve the rezoning request of sublots 2A and 3A of the DiBenedetto Subdivision located on the north side of Brookpark Road Extension from the current zoning of "A" Residence, Single to Retail Business, General, those parcels as identified by permanent parcel numbers 232-25-5 and 232-25-6 with the recommendation that if this rezoning is approved that parcels 2 and 3 be combined into one parcel and also, that should this be approved the Engineering Department should make sure that none of this property is split zoned (including sublot lA) so that the zoning line follows the property line, seconded by B. Gorris. Roll call on motion. Morgan and Betts, no. Gorris, Bierman, Bowen, Thomas, and Traczyk, yes. Motion Carried. Mr. Thoma.s stated that:the Commission should also look at the residental property on Dover Center Road between the shopping center and the church which also has General: Retail property across the street, he believes that this too should be rezoned. V. COKMUNICATIONS: Ord. 88-84: An.Ordinance Adopting a New and Revised Chapter 1149 of the Zoning Code of°the City of North Olmsted Titled "rlixed Use Districts". The Commission has discussed this in Committee with the Mayor prior to the meeting. T. Morgan moved to disapprove the ordinance as written with the recommendation that cluster=housing, townhouse zoning be undertaken in a futher study, seconded by J. Thomas, and unanimously approved.