03/09/1994 Minutes - Laserfiche WebLink

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, .. Appeals could only rule on the variance, they had no jurisdiction on traffic volimie or patterns, curb cuts, or the effect of the proposed Wal-Mart on other retail outlets; accordingly, he requested that a11 comments be restricted to the requested variances only. All of the members had reviewed petitions submitted by •the Jefferson CondominiLUn Association, the Colebrook Townhouse and Condominium Association, the Plarniing Commission minutes of January 25th, the Assistant City Engineer's comments concerning the setback, Acoustical Constiltant A. G. Duble's corrnnents concerning the effect of the 8 foot mound with a six foot fence and double plantings on noise level to the first and second floors of the adjoining condos. He called all interested parties before the Board. The oath was administered to Mr. R. Newberry, engineer, and Mr. Bingham, both representing Wal-Mart, and North Olmsted residents, Councilman D. McKay, A. Skoulis, representing Park West Home Owners Association, T. Dempsey, and J. Weideman. Mr. Newberry presented the plans and explained that they needed 73 foot variance from the Brookpark Road property line an the north side of the site and also a 50 foot variance on the east property line. He presented a colored site plan and a building overlay. He noted that the area where the store had to be was not wide enough to fit within the zoninv criteria. The building is proposed to be about 27.5 feet from the Brookpark Road right of way. He explained that Brookpark Road is a 160 foot wide limited access roadway with 4 lanes of traffic and a 20 foot median, the distance from the edge of the pavement to the face of their building is about 80 to 85 feet. This setback is reasonably close to the setback of the Colebrook Condominiums to the east, they have verified?that the northwest corner of that building sits about 33.5 feet from the right of way line of Brookpark Road. On the ea.st property line the building's closest point will be 50 feet from that line and nothing will be in that area other than green space, a mound with fencing and plantings between the building and the condominituns. He explained that, under the code there should be 100 feet between the building and the property line but only 25 feet of that had to be used for green area so 75 feet could be used for parking or any other use. Rather than use that setback line. Lney cnose zo puL tne Dtu.lcting remaining area to provide a greer They do have a hardship in that tr that customers coUld get to the g? Oil) and also keep the buffer are residents spoke at this time. Mr. objected to the variances an the t Board of Zoning Appeals. The app, receive the variance that they arE unnecessary hardship. He does not they have shown is that they havE for their building and they have the building some where else t1 criteria is that if the varianc substantial property rights. He i substantial property rights, bec, issue is that if a variance is co Code which includes public I prosperity and general welfare. center, T.B.O., truck dock, and c and the noise will disturb the pE Wal-Mart has established any of tr have the buildings placed furt] variances would be needed. It was closer to the property line and buffer the space between the store and the condominiUms. ey need enough room for traffic to circulate so rden center and T.B.O. (Tires, Batteries, and a on the line beside the Corporate Center. The Dempsey, resident of Colebrook Condominiums, asis of the appeal conditions specified for the .icant should show three conditions in order to requesting. The first, practical difficulty or believe that they have shown a hardship, what picked a piece of property that is too small created their own hardship. If they would put iey would not have the hardship. The second e is not granted, they wi11 be deprived of oes not believe this will deprive the owner of use he can sell it to someone else. The third itrary to the purposes and intent of the Zoning eace, health, safety, convenience, comfort, ffe maintained that the location of the garden ompactor wi11 be right next to the condominiums ople who live there. He does not believe that ese conditions as requirede He would prefer to er away from the condomini-uns and then no clarified that they would still need a variance 4