11/23/1993 Minutes - Laserfiche WebLink

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No representative was present. Mr. Gorris explained that the Commission has approved a building for this site, but since the site contains two lots, those lots must be consolidated. L. Orlowski moved to table the Benik Consolidation Plat since there is no representative present. Mr. Gorris questioned why. Mr. Tallon noted that there was a note on the plat that some minor revision must be made to the plat and would be submitted at the meeting. City Engineer Deichmann was ill and was not in attendance, but Mr. Conway stated that it could probably be some minor change that the surveyor was to make, he then pointed out that the plat stated Whitethorn Boulevard; not avenue. Mr. Gorris believed that this plat could be approved without the owner being present. Mr. Gorris and Mr. Orlowski discussed this privately and Mr. Orlowski did not believe that the Commission has ever approved a plat without having a representative present. Mr. Gorris stated that this plat is cut and dried and a representative would not be necessary. Mr.. Conway advised that this property should have been combined when the first building was built and this is merely correcting an error. B. Gorris moved to approve the Benik Consolidation Plat, the proposal to combine parcels 235-1-10 and 235-1-11 located on the south side of Lorain at Whitethorn Avenue, the site of the proposed and approved Ice Cream Parlor, into one (1) parcel. Zoning is Retail Business, General, entirely and the proposal is less non-conforming to Zoning Code requirements than currently exists, seconded by R. Tallon, and unanimously approved. V. COMMUNICATIONS: Heard below. VI. COMZITTEE REPORTS : Report on Cluster Zoning. Mr. Slcoulis would prefer to delay his report until all members are present. VII. NEW BUSINESS: No items. VIII. OLD BUSINESS: Ord. 93-140. Continued from the meeting of November 9, 1993. This ordinance will limit the location of superstores within the city, initially it provides that any superstore must be located within a half mile of an interchange of the freeway which has both an east and west access. The members had several questions at the last meeting. Mr. Orlowski stated that Mr. Thomas ha.d been concerned since this ordinance would make the Hill's store non-conforming. Building Commissioner Conway agreed that it would, but if Hills decided to add to their building or change something, a special permit could be sought from the Board of Zoning Appeals, however, they would not be able to raze the building and rebuild at that location. The Engineering Department had submitted maps showing the areas included in a 1/2 mile radius, a 3/4 mi].e radius, and a 1 mile radius to see,what land would be encompassed. Assistant Law Director Dubelko advised tYiat the Westlake ordinance, which this one was patterned after, is in court and he`did not believe that any similar legislation had ever been tested in court. Mr. Skoulis was concerned about extending this to a 1 mile radius at the Great Northern interchange, since some of the land is zoned multi-family, there could be requests in the future to rezone those areas to allow superstores. If the radius is limited to 1/2 mile or even 3/4 of a mile, it would eliminate that area. He also was concerned that the Great Northern -Boulevard extension would fall within a 1 mile radius and there would be pressure to rezone this area also. At present the ordinance is 1/2 mile, but Mr. Dubelko pointed out that the 1/2 3