03/29/1994 Minutes - Laserfiche WebLink

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is a painted line on the pavement between Wendy's and the adjacent property which they believed confused drivers. Mr. Thomas asked if they were not required to have a 4 inch curb around the driveway. Building Commissioner Conway advised this was not required if the property were co-developed with the adjacent property. He believed that this must be co-developed since cars exit off each other's property, but he has seen nothing in writing. Mr. Thomas clarified that the two developments would not have to be a similar use, and questioned if the the Commission could just eliminate that requirement based on the developers verbal request, because it was grandfathered in, or should they require some proof of easement or use of an adjacent parcel. Mr. Conway stated that this has been there for a long time, and deferred to the Law Department. Mr. Dubelko responded that there was no reason to believe that they do not have an easement. Mr. Gorris noted that, if there were no easement, and a future owner could decide to separate the lots with a fence or poles, suggested that perhaps it should be developed differently. Even though s fence would have to come before the Comission, Mr. Thomas was concerned that, by not requiring proof of easement, the Conunission was granting access to an adjacent property without anything official, and wondered if the Commission would have the right to stop a fence or barrier from being built, if a new owner proposed on which might disturb the Wendy's traffic flowa Mr. Dubelko stated that they would not have that right, but the Commission would ha.ve acted under the assumption that there was a valid easement. If the Commission did approve this proposal, Mr. Dubelko did not believe that the city would be liable if there were no easement. Mr. Dixon was not sure if there was one, but Mr. Kikendahl of Wendy's would probably know, and he will find out. He ad.ded that typically in this type restaurant, if an order carmot be filled immediately, the driver is told to pu]1 ahead so that the other cars could flow around the site and there is 10 or 11 feet on their property which would all cars to pu11 around without going onto the adjacent property. Since this is an existing situation and if they do not have an easement, Mr. Dubelko wi11 have to look into whether they should be required to have a curb around the parcel. Mr. Conway advised that the adjacent property owner was notified and has not been heard from. Mr. Gorris noted that a guard rail was installed between Arby's and the restaurant next door, which makes it difficult to drive into the property, and he is concerned that there could be problems here. Mr. Conway advised that 43 parking spaces are required and 47 are being provided. Mr. Dixon stated that they do need all 47 spaces. It was clarified that, since the Wendy's caricature is to be removed, Mr. Orlowski wanted the sign reduced by 1 foot 6 inches in height and the curved top eliminated. He would also like to see color samples of the sign materials. Mr. Dixon also advised that they are not adding any light poles. In response to Mr. Miller's questions, Mr. Dixon advised that the cooler was constructed with a Weyerhouser baked enamel panel, in the same cream color as the roof and will have a cap to match that of the building. Mr. Orlowski asked if the red'shown was what would be used throughout the building and the sign. Mr. Dixon stated that this was the panel that Wendy's International makes for a11 its stores.. Mr. Orlowski would prefer a more muted red and stated that he did not believe that all the buildings on Lorain Road should be a fire engine red. He suggested that they look at the Wendy's on Crocker Basset Road where the red has been muted. Mr. Dixon maintained that this was the same red. A representative of Wendy's, speaking from the audience, agreed that the color on the Croeker facility was the same, but suggested that it might be faded. Mr. Orlowski would like a more tasteful, muted red on both the building and on the sign, and requested that they present a new color to the Architectural Review Board. In reference to the variances, Mr. Conway advised that they needed the 13 foot front landscape setbaclc variance, an 18 foot side landscaped buffer, 4 _4 2