07/13/1993 Minutes - Laserfiche WebLink

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responded that this is a unique parcel, and asked if there was any other parcel in North Olmsted identical to this parcel. Mr. Benik stated that he did not divide the parcel, but he did not want to lose out because it was divided in that manner; and he did not feel that the Commission should tell him that, because of the way their forefathers clivided that parcel, they can restrict his rights at this time. r1r. Orlowski stated that the Commission was trying to work with him, but they do not consider the drive across the front as being of any value to the property. Mr. Benik noted that a residerit who pulled out onto Andrus would have to wait at the light, pull into Lorain Road imnediately into the turning lane, to turn left into this property. He questioned if the Commission realized how much traffic comes from Country Club. through St. Richard's parking lot. Mr. Benik asked for legitimate reasons, every meeting'he is told that they have to do their homework, when he asked what he had to do, he was told nothing. Mr. Griffith did his homework and he sees no problen with this. When r1r. Benik indicated that he had not seen the June 22nd minutes, Nir: Orlowski suggested that he get a copy. He further suggested that the members take a voteo Mr. Thomas reminded the members that the Law Director had advised that they did not have to give any curb cut on Whitethorn if they do not want to, the Commission can give him whatever they want. Mr. Orlowski noted that Mr.. Benik is not in agreement with any of their suggestions. Mr. Benik responded :that he would agree to any suggestions that would work. He maintained that he had a majority at the last meeting and theri there was a roadblock for a reason that was not explained to him, other than they had to do their homework. He advised that he respected Mr. Griffith and the work that he has done, he has followed up on it and has shown what had to be done and now the Commission is changing to another issue. The front drive was never mentioned at the last meeting. Mr. Orlowski stated that Mr. Griffith's plan was not close to what he was proposing. Mr. Benik clarified that Mr. Griffith had no plan. Mra Orlowski asked if Mr. Benik was an architect. Mr. Gorris clarified that Mr. Benik wanted to keep the drive in front with 4 landbanked parking stalls in front and asked for a drawing showing that. NIr. Benik stated that this plan showed it, the members should just ignore the bottom 2 parking stalls. This proposal must be forwarded to the Board of Zoning Appeals. R. Tallon moved to forward the Ice Cream Parlor proposal 27045 Lorain Road, to construct a a new building on the former Sparks Tune Up property to the Board of Zoning Appeals with the recommendations of -approval, of the 7 foot variance for the side landscape buffers on both sides, the 5 foot variance for the rear yard buffer, the 36 foot front set ba.ck variance for the building. In reference to the drives which are less than 100 foot from an intersection, the Commission concurs with a variance based on out only on Whitethorn and in and out on Lorain Road. The Commission further recor.miends against the variance for the 20 foot landscape buffer in the front (10 foot was proposed with a driveway in that 20 foot buffer axea) o Prior to the vote T1r. Gorris asked if any neighbors had any coirunents. Councilman D. McKay was shown the plans, he believed that there could be a safety problem if traffic was coming out of the exit on Whitethorn. Mr. Thomas explained that Law Director Gareau had stated that a person talces his life in his hands at this intersection, and the Commission is trying very hard to work with Mr. Benik to create a safe traffic flow around this property, they cannot find a safe traffic flow with his currently proposed plan. Mr. McKay believed that this would be a bad situation. He was advised that Mr. Griffith, the city's traffic engineer had looked at the plan. NIr. Benik again stated that this property operated as a gas station without any problems for 35 years. Again he was told that traffic conditions are much worse since that was a service station. The motion was then seconded by Mr. Orlowski. Roll ca.ll on motion: Tallon, Skoulis, Thomas, Gorris, yes. Mr. Orlowski, no. Motion carried. There was much discussion during the 4 4