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, ,. ?- PLANNIIIG COMMTSSION JANUARY 23, 1990 PAGE 5 Chairman Thomas pointed out that one o'f the parcels involved was zoned entirely Gen,-?ral Retail and the other two are split zoned with 205 feet of residentially zoned"pro.perty. Mr. Giesser, attorney, representing C. and C. Realty, explained that this will be the new site of Halleen Chevrolet. He further stated that at this point there was no intention of seelcing a rezoning.. Mr..Thomas ques- tioned if they would be willing to agree that a stipulatio,n of approval would be that.they will not attempt to ask for a rezoning. Mr. Giesser reiterated that at this point there is no intention to ask that the property be rezoned. Mr.: Thomas questioned Assistant Law Director Dubelko if the Commission would be creating a difficult situation by assembling these properties. Mr. Dubelko requested that the Planning Commission refer this matter to the Law Depar.tment since tliere have been problems in the past where properties were joined together and the percentage of retail property was increased on a parcel so that the residential portion would be less significant. It was determined that pro- bably only one of the parcels would conform to the General Retail requirement without the assembly. The developer only has options on the property.as yet. City Engineer McDermott advised that there are no dimensions on the individual lots, but they would conform after being assembled. Mr. Kish, a neighbor, is concerned about water problems explaining that there is a drainage ditch on the property which frequently has stagnant water. The city had planned to put in a swale, however he refused to allow it on his property, and it has never been constructed. He maintains that the drainage pr.oblems .became worse with the completion of each phase of'.St. Clarence Church. The Engineering Department will check into this and report back at the next meeting; however Mr. McDermott explained that the retention system of St. Clarence was con- sidered to be adequate, and was increased with the last phase, but the out- flow does drain into the ditch. J. Thomas moved to refer the assembly of these plats to the Law Department for their comments and to Engineering, second"ed by R. Bierman, and unanimously approved. 3) Dunlap Assembly Plat The plat is an assembly of remnant parcels from the I-480/Stearns Road/Hastings Drive area (parcels nos. 234-22-14, 234=22-27, 234-22-28, 234-22-29, and 234-22-35), and which the State of Ohio has-already sold at public auction. Zoning is "B" Residence, Single, entirely, and the assembled parcel does not, nor did not formerly, conform to the Zoning,Code for required frontage. Mr. Dunlap advised that he purchased the property as one parcel from the State of Ohio and aIl these lots are left over from the land taken for I-480. He was not aware that the-lots had not been assembled. It was clarif ied that the frontage of the property is 62.04 and 70 feet is required in this district. The lot is over 400 feet deep and is substantially wider beyond the first 75 feet. In reference to the adjacent parcel, the Commission is concerned that assembling these parcels will create a hardship for that owner since there would not be sufficient depth to build there. Mr. Dunlap advised that this owner had been present at the meeting with the State and that he had been paid by the State of the property that they took. Assistant Law Director Dubelko advised that this request would have to be referred to the Board of Zoning Appeals for a variance, Mr. Wilamosky questioned if more than one house would be constructed on the property since there would be sufficien.t width to put in a.private drive. Mr. Dunlap responded that he was only going to build one house, his own residence. J. Thomas moved to refer this to the Board of Zoning Appeals for an approximate 7 foot variance which fronts Hastings for parcel number 234-33-14 before we consider assembly of these