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BOARD OF ZONING APPEALS MARCH 1, 1989 PAGE 4 administered to Mr. Papandreas and Mr. Payton, Biskind Development Company. Mr. Bugala questioned what the difference is between this proposal and that which was granted last month. Mr. Papandreas stated that in the past month they have been trying to comply with the condition placed on the variance, but have not been successful. He poin•ted out that they have no legal position to force Kronheims and Marshalls to remove the signs as was required by the Board. They are requesting now that the Board consider a substitute condi- tion, that is that they are allowed to install the signage program subject to the removal of all names identifying Kronheims and Marshalls throughout the entire signage program. He stated that in no event will either of these names be installed on any of the signs until Marshalls and Kronhiems comply with the request to remove the signs as indicated on the previous variance. Law Director Gareau stated that this option was discussed at the last meeting and it was assumed that these two stores would prefer to be on these signs, but apparently Marshalls and Kronheims have chosen not to remove their arcade signs. He pointed out that this whole program which was approved by the Planning Commission will be stopped by two tenants whom they cannot make remove the signs that were stipulated to be removed. Mr. Payton pointed out that one of the biggest complaints they receive is that customers cannot find their way around the campus. Mr. Restifo is concerned since the Board was told that these signs would be removed and he finds it hard to believe that they can leave these tenants off their signs. Mr. Grace questioned what recourse the City would have if these retailers were put on the campus signs without re- moving the other signs as stipulated. Mr. Gareau responded that the Building Commissioner could issue a violation against them. Mr. Bugala has a problem with this request.since it should not have been brought back to the Board for one year after the request was granted. Law Director Gareau stated that he had advis.ed that they could come back and he believes that this Board should not have had to hear this since the Planning Commission is the body that does the planning and they were totally in favor of this program; however, the procedures that are in effect at this time require variances for such a program. Mr. Helon stated that since the Great Northern Campus is totally un- like any other development in the area, it should be handled differently. Mr. Restifo still has a concern about these stores being left out of the sign program and questioned if, under these circumstancesg the city could be sued. Mr. Gareau stated that it would appear that Marshalls and Kronheims had made a business decision that the signage they have on the canopy of the strip is more valuable to them than the signage on the campus signs. Mr. Conway clari- fied that both of these parties had been granted variance and have more signage than would be permitted by the code today. B. Grace moved that the conditions originally placed upon the variance granted for the Great Northern Retail Campus signage will be changed and the condition now will be that neither the Marshalls or Kronheims names will be placed on these signs unless they meet with the conditions of the Board of Zoning Appeals on February 1, 1989, seconded by T. Restifo. Roll call on motion: Grace, Helon, and Bugala, yes. Restifo, no. Motion carried. At this point Mr. Noble, Service Director, approached the Board and advised that there were some extenuating circumstances pertaining to the North Olmsted Lumber Company request, but that he had been unable to be present when this issue was discussed. Chairman Bugala administered the oath to Mr. Noble who explained that the variance being requested was based on property belonging to Che lumber yard, but at this time the City is storing on their property. North Olmsted Lumber is willing to give the City a perpetual easement for this portion