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PLANNING COMMISSION MAY 23, 1989 PAGE 3 <br />agenda was in error, that instead of parcel 234-9-7, the parcel number' <br />should be 234-10-7. Assistant Law Director Dubelko pointed out that this <br />assembly would create a split zoned lot and that he has consistently <br />advised against that. City Engineer Cesen presented a drawing showing <br />the location of.the zoning line on the p1at.. After some discussion it was <br />decided that the lot could be split at the zone line which would be SUO <br />feet off Lorain Road thus creating one General Retail lot and one residen- <br />tially zoned lot. A plat can be submitted directly to the Engineering <br />Department reflecting this change and will not have to return to the Com- <br />mission. Mr. Cesen explained the proposal to Mr. Young and Mr. Paulot. <br />T. Morgan moved to approve the proposal to combine, assemble, and resub- <br />divide permanent parcels 234-10-7, 234-9-8, 234-9-9, and 234-10-2 with the <br />stipulation that the combined parcel follow the existing zoning line and <br />will contain all commercial and General Retail zoning and that parcel <br />234-10-7 will be strictly residential, seconded by R. Bierman, and unani- <br />mously approved. <br />III.. BUILDING DEP9RTMENT REQUESTS: (Continued) <br />1) Home Centers, Inc., located to the rear of Bob Evans Restaurant, 25853 Lorain Rd. <br />Proposal to construct building <br />Heard by Planning Commission March 14, 1989. <br />Tabled by Board of Zoning Appeals May 3, 1989. <br />Returned: to Planning Commission at the direction of the Law Department. <br />Chairman Thomas s.tated that a letter from the Law Director advised that <br />because this single d'rive-was approved previously, and because the Planning <br />Commission now has the authority to approve the number of drives required <br />for a building, that the Board of Zoning Appeals could not grant a uariance <br />for this drive. Mr: Thomas pointed that previously the,:.Commission had <br />approved one drive on the basis of a single development on the property, <br />and, according to the minutes of the Bob Evans proposal, on the premise <br />that Bob Evans would not allow a development that would create traffic <br />congestion or be detrimental to their restaurant. Assistant Law Director <br />Dubelko pointed out that the Law Department had originally cautioned that <br />the rear portion of the lot could be developed if the property were rezoned. <br />Mr. Bowen questioned.if the lot were ever subdivided and since it had no <br />frontage on Lorain Road, if-the City woul.d automatically be required to approve <br />a curb cut on Brookpark Road. Mr. Dubelko reponded that this lot could not <br />be subdivided without.variances. Mr. Valore, attorney, NIr. Cody, architect, <br />Mr. Hathaway, all represented Home Centers, and Mr. Vollman from Bob Evans <br />was also present. Mr; Valore stated that Mr. Vollman had represented Bob <br />Evans during the original hearings, and had indicated that they were devel- <br />oping the front portion at that time, but that they would attempt to <br />develop the rear portion with a compatible business. He pointed out that <br />based on Home Center's figures and hours of operation and Bob Evans' <br />customer pattern study these two businesses would be compatible and that <br />the previous request for a lot split for a four s.tory office building was <br />an over exagerated use of the property, but this acre and a half of <br />commercial land is not going to remain fallow, r4r. Valore further stated <br />that Bob Evans has agreed to a 99 year lease. Mr. Vollma.n responded that <br />Bob Evans no longer owned the rear portion. After some discussion, it was <br />clarified that Bob Evans did own the property, but it had been leas.ed <br />previously to Mr. Kouri who had presented the proposed lot split in 1987.