02/11/1992 Minutes - Laserfiche WebLink

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in the Industrial Park. Building Commissioner Conway advised that is not permitted in the Industrial Park in his interpretation of the code. Other Bretton Ridge residents, Mr. Ba.iley, Mr. Jackson, Mr. Rislin, and Mr. Szarka, objected to the proposal for several reasons: business will interfere with the residents enjoyment of their park for which they have paid dues for many years; that one of the conditions is that a body shop should not be in close proximity to a meeting place and the park is a meeting place, they do not believe the fwnes and dust can be contained within the building, even with painting booths; there are more suitable areas for this type of business. Mr. Morgan stated that he had serious ob jections to a body shop in this area and does not believe that the owner has proven necessity. Mr. Orlowski asked Mr. Dubelko and Mr. Conway to check Section 1145.03(f)-e2. Mr. Dubelko stated that this should be up to the Building Commissioner to interpret, however this section establishing uses in the Industrial Park is not clear. Mr. Morgan believed that this area, should be reviewed totally not Just this code section at a later date. T. Morgan moved that the request for a conditional use permit to construct an auto body shop in a General Retail District, North Olmsted Auto Body, be approved as presented. Mr. Morgan decided to restate the motion since he must state which condition was not met. T. Morgan moved that the request for the conditional use permit be disapproved for the following reasons, that under 1118.03, the proposed use has not been proved necessary to serve the community's needs, and it ha.s not been proved that existing similar facilities located in a less restrictive or more remote district in which the use may be permitted by right are inadequate, seconded by R. Tallon. Mr. Dubelko questioned if (a) is the only section tha.t he believed the developer has not met. The members agreed that the proposal is also in conflict with both items (b) and (c). Mr. Morgan amended his motion to include items (b) and (c). Motion was seconded by R. Tallon. The motion to deny was approved unanimously. Mr. Gorris reminded the residents that this parcel of land is zoned retail, and they should not expect a single family dwelling to be built on it, there are many retail uses that are permitted under the code. Mre Gorris called a short recess. Butternut Ridge Apartments, 5618 to 5800 Great Northern Blvd. (Continued) Revisions to previously approved plans. Mr. Neff explained the proposal froin the larger, working drawings, and showed where the maxinnmi ponding would occur. There would be 25 to 30 feet to the maximiun water elevation, and a brick wall with landscaping will be adjacent to the fence which is about 15 feet away from the right of way (30 feet from the curb), but is closer where the road widens. The sidewalk will follow the right-of-way and is usually one foot away. The building closest to the right of way is 25 feet away from the 50 foot setback line, the garage is 5 feet away from that line. The members studied these plans including the landscape plan. Mr. Gavin again stated that this was an honest error, but if they had submitted a the proposal showing the correct line, it would have probably been approved because it does conform to the code. He asked if the two issues could be addressed separately, since they are under a stop work order. In response to Mr. Skoulis's questions, Mr. Conway stated there was no way they could go back to what was approved since 30 feet of land does not exist, and if this is not approved, the foundations would have to be moved. Mr. Gavin stated that before they would do that, they would take this further. The members discussed the options and Chairman Gorris ask them to consider if they would have originally approved this proposal if it had been presented.this way. The members suggested that additional landscaping could be installed to screen the buildings. from the street. Mr. Orlowski was still concerned about the retention and suggested that some mounding 8