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Bnsiness, General on the south which fronts on Lorain Road, and "C" Residence, <br />single in the rear (north) area (minor section). Proposed Sublot B(with resident <br />dwelling) does not conform. to Zoning Code requirements for either frontage or <br />area. <br />Mr. Schmidt, one of the owners of Adon Equipment, explained the request to split <br />off a large portion of the rear of the lot next door to them and assemble it to <br />their propertyo City EnginEer Deichmann explained that the zoning line would go <br />through both parcels (close to the "L" area of the lots). Mr. Thomas observed <br />that this would not only create a non=conforming lot, it would also combine a <br />commercial lot with a split zoned lot thus ereating a commercial split zoned lote <br />Mr. Deichmann clarified that the zoning line is parallel to Lorain Road and cuts <br />across the rear of both properties so they are both presently split zoned. Mr. <br />- Sehmidt pointed out where the property is being split and assembled to the <br />' adjacent lote He explained that the Zerneehels offe-red to sell them this portion <br />at this time, but intend to keep the portion of the lot containing their home for <br />the next five years. He presented a letter signed by all parties stating that the <br />owner of Acion would have the first right of refusal for the r_emaining portion of <br />the property. He was aware that the rear of the lot was residential and noted <br />that this portion is landlocked. Mre Thomas stated that this assembly would be <br />maki ng the Zernechels lot more non-conforming and that it would be much small.er <br />than is required by the city for a commercial lot. He is concerned that this <br />could ereate a hardship for a subsequent owner if Adon did not want the property later. Mr. Deichmann agreed and noted that the frontage of that lot is non- <br />conforming at present. Mr. Schmidt stated that they would have been willing to <br />buy the entire lot now, but the Zernechels prefeLred not to sell the front <br />portion that contains the house and their small shop, but they do not want to <br />maintain the rear. This property was offered to U Store It an the other side, but <br />there were legal problems with that property. Assistant Law Director Dubelko <br />advised that usually when a split zoned lot is created, the Law Department <br />asks the owners to restriet the use of the residential land with a restrietive <br />covenant. Mr. Schmidt would agree to a covenant stating that they will not <br />attempt to develop the residential property as commercial and would not seek a <br />rezoning. Mr. Dubelko explained that the Danny Boy property was assembled with <br />residential property and the owners won a rezoning in court because the city did <br />allow them to assemble the property. Sueh a covenant would not stop them from <br />splitting off the residential property and selling it for a residential usea Mr. <br />Schmidt agreed to that and stated that after they buy the adjacent lot, they <br />would assemble it to have a 220 foot wide lot. Mr. Thomas was also concerned <br />about the smaller lot which he noted was about the same size as the ice cream <br />parlor property which was heard earlier. Mr. Dubelko asked if the Zernechels <br />would agree to restrict the use an their gortion so that there would be no change <br />to the present use which is a combination residential/retail unless the property <br />was joined to the parcel next door. It was suggested that the Zernechels could <br />sell the whole lot to Adon and the smalllot could be leased back to thcm. Mr. <br />Schmi'dt had suggested this but they want to retain ownership, and he does not <br />lmow how they would feel about the restriction. He explained that since they <br />intended to pave this property for en?ployee parking and storage, they preferred <br />not to lease from the Zernechels because they flo not want to install retention on <br />property that they do not own. Mr. Dubelko suggested a 99 year lease. It was <br />decided to forward this onto the Board of Zoning Appe3ls with the provision that <br />both awners would agreed to both covenants. It was clarified that, if the owners <br />agreed, the Law Department would write the covenants and the proposal would have <br />to return to the commission after a variance is granted. J. Thomas moved to refer <br />the Schmidt and Zernechel Lot Split and Assembly Plat to the Board of Zoning <br />6