03/27/1990 Minutes - Laserfiche WebLink

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PvANNING CONIMISSION MARCH 27, 1990 PAGE 3 3) Nemeth Co*.nmercial Building, 29310 to 29352 Lorain Road Revised plans to construct addition to parking area. (Withdrawn from meeting of September.26, 1989.) Tabled at Planning Commission meeting on Ma.rch 13, 1990.. : There was no representative present. Chairman Thomas read a memo from Mayor.Boyle listing the number of offenses at the Star Lounge (located in this shopping center) and comparing their offenses to two other similar establishments in the city (see attached). PSr. Thomas further advised that when the assembly plat for this property was approved there was a contingency that a deed restriction be recorded stating that the back of the parcel which is zoned residential will always remain resi- dential and that the owner of that parcel, whether it be the current owner or any future owner, maintain that back portion as residential, and not request rezoning to commercial or any other use. Assistant City Engineer McDermott advi:sed that no such deed restriction had been recorded on the plat. Assistant Law Director Dubelko stated that he would send a letter to Mr. Nemeth advising that this must be done, and if he does not agree to do it voluntarily, the city could take action. Councilman Nasher stated that he was opposed to any expansion of their parking and requested that if the Commission does approve this parking plan, a buffer zone be located far enough away from the fence line to keep the nosie and lights from disturbing the neighbors since there have been numerous complaints. Mr. Thomas suggested that some Council action-should be taken regarding not renewing their liquor license. Mr. Lizanich, a neighbor; stated that shortly after he.calls the police with a complaint, the noise level from the bar goes down dramatically, leading him to believe that they have a police scanner. Councilman , Nasher advised that the police are now using a code 5ystem when broad- casting complaints to the police cars. Mr. Gorris questioned if there should not be some other way of controling this problem other than through a building request. Assistant Law Director Dubelko responded that this definitely should be handled.by other business regulations or by not renewing their liquor license. He pointed:out that the Planning Commission was limited in what they could do. Since the bar is under a violation for not having enough parking spaces, Mr_ Morgan believes - that the Commission should only approve the number of spaces actually , needed to correct the violation. Mr. Gorris believes that:Council, - should be looking into some type of enforcement based on the noise problem. Mr. Thomas stated that, since the.developer is not present, the proposal could be tabled; or if it is voted on and possibly dis- approved, the develaper could submit another plan. Mr. Dubelko stated that the Commission would have the authority to act on the plan as sub- mitted and if they determine that these plans meet the Zoning Code, they must be approved. If the plans are disapproved, it snould be indicated why they do not meet.the Zoning..Code.s:. Mr. Thomas ques- tioned if approval would have to be given if the solution to the - violation created a more negative impact. Mr. Dubelko responded that the fact that this is to correct a violation is irrelevant, it is the' owner's property to use as he wishes subject to the Zoning Code and if this plan meets all the provisions of. the.Zoning Code the Commission ? would be hard pressed to deny it:simply because it does not satisfy a concern that is not a Zoning Code concern. In reference to the.noise