03/09/1994 Minutes - Laserfiche WebLink

Home Browse Search

; r. buildings, and request rezoning for another use. If the board grants a variance so this building can be 27 feet from the Brookpark right of way, other developers will request the same thing and the board will be setting a precedent. They contend that the developers have not proved a that hardship will be imposed on them by not granting the variance on Brookpark Road since the developers have a number of other options that they may exercise. He noted that this building is 25,000 square feet larger than the building proposed for the Sherwin Williams property and this lot is about three quarters of an acre smaller. They did plan to expand the previous building, but he doubted that the expansion would have been allowed by the Planning Commission or the city. All other Wal-Marts in the area are on the back of the property facing the main road and he contends that these buildings are all 125,000 square feet, the original size of the building on Dover Center and Lorain. He pointed out that the developers have other options: reducing the size of the building; relocating it to another part of this property; re- configuring the shape of the building; or finally, developing an the west end of town. He maintained that the developers have not been willing to make one concession, that the residents must bear the brunt of the impact of this development,. and maintained that their properties will be devalued. A potential sale of a condominiiun was lost when the buyer was advised that Wal-Mart might move in. he noted this store is quite close to the store on Brookpark in Brooklyn, yet the developers previously stated that they did not want to develop on the west side of North Olmsted because it would be too close to the Elyria store. Mr. Gomersall advised that this was not pertinent to the variances requested and asked that he address the variances. He also stated that the members had read these same comments which he ma.de at the Planning Commission meeting on January 25th. Mr. Skoulis stated that his association does not believe that a 4 to 42 foot high mound along Brookpark Road is adequa.te to screen off the development fram the homes across Brookpark Road. The glare fron this development will have a tremendous impact on their homes and they are asking that to have enough setback and proper mounding and landscaping to completely shield their property. He explained that the Engineering Department had advised that for every foot of height of the mound there had to be 2 feet of width on either side of the mouride He noted that they were required to have 25 feet of landscaping and 5 feet of sidewalk which would not be possible in a 27 foot setback. According to their measurements there is 77 feet between the condominiums and the pavement, a 40 foot right of way and a 37 foot setback on the condomirLitIIns, not 27 feet as stated by the developer. Building Commissioner Conway clarified for Mr. Gomersall that the sidewalk was generally in the right of way, not in the setback. Mr. Skoulis responded that he called Mr. Bellinger of the O.D.O.T. who advised that a sidewalk would not be a]lowed in a State right of way. Mr. Conway stated that the Engineering Department would have to work that out with O.D.O.T., but usually public sidewalks are in the right of way. Mr. Skoulis noted that this was in the city, but not on State property. Mr. Newberry responded that the State normally does not allow sidewalks in the right of way of a limited access highway to keep pedestrian traffic away from high speed traffic; however, this portion of Brookpark now has a 40 mile per hour speed limit, not 50 to 55 which is usua.l, so it no longer fits into the State's criteria of a limited access highway. He has been advised by the an O.D.O.T. engineer that they would have to look at this specific case. Currently this plan shows the sidewalk inside their parcel which will allow them to increase the landscaping within the right of way. This specific item will have to be worked out with the State, the city, and the developers. O.D.O.T. previously advised Mr. Skoulis that they did not want to allow any more curb cuts on Brookpark Road since they considered Brookpark to be 6