11/04/1993 Minutes - Laserfiche WebLink

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pointed out that the canopy covers the sign area of the building so they cannot advertise on the building. There will be two logos and one "Speedway" sign on the canopy. The members agreed that there should be no problem with that. J. Maloney moved to grant the request of Speedway, 26516 Lorain Road, for a variance for a changeable copy portion on new ground sign. Also to grant the variance to ha.ve two logos and advertising on pump island canopy, seconded by R. Gomersall, and unanimously approved. Variances granted. 10. Rainbow's End Nurse School, 31266 Bradlev Road. Request for variance (1123.12). Request variance to conduct a nursery school in the Limited Industry/Industrial Park District. Violation of Ord. 90-125, Section 1145.03. Chairman Gomersall ca.lled all interested pa.rties before the board. The oath was administered to Mr. and Mrs. Helzer, owners. Mrs. Nestoff and Mr. Jent, adjacent property owners, stepped forward later and were sworn in at that time. Mrs. Nestoff owns the residence on one side and Mr. Jent owns vaeant property on the other. Mr. Gomersall explained that the rnzrsery school was not allowed in the Industrial District. In response the Mrs. Nestoff's question, Building Commissioner Conway advised that two businesses would be allowed on one property. Mrs. Helzer explained that her mother-in-law owns the property and her husband manages it. This property is sitlzated between two developments where there are a great rnunber of small children. This proposal is not a day care, it is a pre- school for education and will serve 24 three to five year old children. The school wi.ll be open from 8:00 a.m. to 5:00 p.m. with a session in the morning from 8:30 to 11:30 a.m. and in the afternoon from 1:00 until 4:00 p.m. She believed that this would be a good area because it is surround by trees and grassy areas. This is not a day care, children would be dropped off just before class, not earlier to accomnodate working parents. They clarified that the school would be in the front building, the building in the rear has a different use. They plan to provide a playground, but since this is a pre-school and sessions are not longer than 3 hours, it is not required by the State. Mr. Conway is concerned about the children going through the parking lot for the storage area to get to the playground. Mr. Helzer stated that they could use the walkway to the play ground. One of their tenants comes in a 5:00 a.m., and the others rarely come in. Mr. Conway stated that the tenants could change. Mr. Grace compared it to another nursery school where the children are dropped of at a specific spot. Law Director Gareau stated that tlv_s district is the most restrictive, no single family homes, no multi-family, or retail buildings can be built in the Limited Industrial District. He stated that any of the uses an the property now could be changed to some other type of industrial use and he does not believe that any of the standards required to grant a variance could be applied in this case and is troubled by this use in this district. Mr. Conway pointed out that under the like and similar use section of the code, one of the criteria is that this use is not permitted in another district and nursery schools are permitted in other districts. Mr. Helzer stated that there could be an industrial use in this district and the owners might want to operate a nursery for the their employees during the day. Mr. Gareau stated -that industrial uses could be put in on either side of this property and the nursery school would be stuck in the middle with semi-trucks coming and going. The courts have only recently recognized use variances, and this one would be difficult to justify considering the standards which have to be applied. It might be easier to justify this use in an Office/ Technical Park setting if it were set up for the children of employees. Mr. Conway suggested that they reverse the request, and consider what would be done if someone requested putting an industrial use next to a school in a residential 4