10/25/1994 Minutes - Laserfiche WebLink

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make sure that the cars blend back into traffic when custoiners leave and maintained that there have been no accidents and no near misses. Mrs. O'Rourke believed that cars turning off from Barton Road do not lnow that cars are going to stop suddenly in front of them. Mr. LeBlanc stated that the cars are uot suddenly stopped, it is no different that cars pulling into the dancing studio, but the real problem is tlie Dairy King traffic. Mr. Miller questioned if he was not standing at the curb and waving people to encourage the impulse buyer. He stated that he almost rear ended when the driver in front stopped. At the next light that driver told him that he thought that the man was waving because something was wroug with his car. Mr. LeBlanc stated that he only bids people good morning, and is not waving them in. Mr. Thomas disagreed. Mr. (ioms stated that at this point in time, they are only discussing allowing Mr. LeBlanc to operate in the 75 foot front setback as shown on the curreut site plan. Mr. Conway advised that the traffic pattems could be discussed if the variance is granted. Councilman Nashar was present, aud advised that when he was on the site, only 3 or 4 cars at most pulled in, and at that time he did not see it as a safety problem and had no problem with it. He has heard nothing from lus constituents, other than they like the coffee. Mr. Thomas noted that most of the businesses along this part of Lorain Road were in former homes and there are traffic problems, but he does not believe this situation should be made worse. He believed that tlus location may not be appropriate for this type of business, wluch appears to be an impulse type purchase. Mr. Conway advised that he has had two or three complaints that Mr. LeBlanc's waving at people is a distraction, but he has no complaints iu the last six to eight weeks. Mr. LeBlanc advised that he is only open in the evenings during the si.iimner wheu the dancing school is closed. He stated that their customers had the same problems pulling in and out that the Dairy King's customers have. It was noted that the Dairy King had two entrances, one on Bartou Road. Mr. LeBlanc stated that nobody uses the Barton Road drive and, in the suimner, the Dairy King customers used park in his lot leaving their litter. Mr. Conway explained that the dancing school owner, a tenant of Mr. LeBlanc's, had advised him that they may want to expand their hours. Mr. LeBlanc stated that he would not allow that. Mr. Minney, Mr. LeBlanc's attorney, advised that the lease specifies the hours the building can be used and this is a new operator who may not realize this, but there canuot be an expansion of hours without Mr. LeBlanc's approval. Mr. LeBlanc intent was to coordinate all three business, the dancing school, the Dairy King, and tlus operation. He clarified that the during the bad weather, Mr. LeBlanc would not be outside waving to motorists, and this is about the same as the McDonald's clown or children attracting attention to a car wash. He stated that if there had been complaints about it, W. Conway never shared them with Mr. LeBlanc. He stated that Mr. LeBlanc was better able to police his property during the suinmer when he had his own business there. He maintained that having drivers pull deeper into the property would be safer and the dancing school is closed during the summer. Mr. LeBlanc would like to vend from this equipment as well as sell it. Mr. Conway would like a letter sent to the tenant and copied to him stating the hours that Mr. LeBlanc would permit her to operate her business. He also would like an enhanced plan showing where the parking is to be. W. Minney advised that even though the tenant's husband has threatened legal action, he had never contacted lum as he was advised to by Mr. LeBlanc. Upon further study the members noted that the drawing was not correct and did not reflect what was on the property and that even the hut was not shown. It was clarified that the trailer was on the pad. Mr. LeBlauc advised that drivers did not have to back out on to Lorain Road, but the dancing school patrons did back out. Mr. Conway advised that a site plan should be prepared by a professional, drawn to scale, should show all buildings on the property, as well as parking spaces. P. Miller moved to approve the proposal to keep the mobile cappuccino unit on the property at 30449 Lorain Road and to refer it to the Board of Zoning Appeals with the recommendation to grant the variance. The motiou was seconded by J. Thomas. Roll call on motion: Miller, Thomas, O'Rourke, and Gorris, No. Mrs. Cainerou- Alston, yes. Motion failed to pass. N1r. Miller explained that the members who had voted against the 11