04/06/1994 Minutes - Laserfiche WebLink

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? •?, V y j 3, William TZiller, 23791 Curtis Dr. Request for variance (1123.12). Request 72 square foot variance for area of shed which exceeds the maximtun 2% of the rear yard area. Also request 6 foot variance for location of shed. Violations of Ord. 90-125, Sections 1135.02(d)-1 & 4. Chaim?an Gomersall called all interested parties before the Board. The oath was administered to Mr. Miller. The members had no problem with the request. NIr. Koberna noted tha.t there were no neighbors present. T. Koberna moved to grant the request for William Miller, 23791 Curtis Drive, for a 72 square foot variance for area of shed which exceeds the maximun 2% of the rear yard area. Also to grant a 6 foot variance for location of shed, seconded by J. Maloney, and unanimously approved. Variances granted. 4, Wendy's Restaurant, 26650 Lorain Rd. Request for variance (1123.12). Request 17 foot variance for landscaped buffer on east side yard. Request 13 foot variance for landscape buffer in front setback. Request 10 foot variance for rear yard buffer. Please note: Joint development agreement must be submitted to eliminate west side yard buffer. Violation of Ord. 90-125, Section 1139.07 (table)a Also Request variance to have two additional wall signs (one allowed); and request 6 foot variance for location of pylon sign from front property line. Violations of Ord. 90-125, Sections 1163.12(a) and 1163.12(b). Chairman Gomersall called all interested parties before the Board. The oath was administered to Mr. Kikendahl, representing Wendy's, and Mr. Dixon, architecta Building Commissioner Conway advised that the rear landscape buffer needed an 8 foot variance, not 10 as stated. Mr. Kikendahl explained that the building was on a very small lot and had been there for a long time, and in order to have sufficient parking there was only space for a 3 foot side yard landscape buffer and a 7 foot front landscape buffer. He stated there had been a joint driveway for many years, but they had no agreement with the adjacent property owmer, and could find no evidence that there had ever been one. They could change their drive, but he doubted that their neighbor could. Mr. Conway advised that, in order to eliminate the requirement for a 10 foot side yard buffer on the west, there had to be an agreement between the two property owners that they can use both use the drive; if there is no such agreement, a variance would be needed for a 10 foot landscape buffer since there is no room to install one. They could eliminate one parking space and develop a drive entirely on their own property. Mr. Kikendahl responded that this would be possible, but it would not be a good traffic situation. Mr. Conway advised that the Planning Commission would have to recommend how the driveways should be handled. Mr. Kikendahl stated that he had tried to talk with the adjacent property owner in the past and it had been difficult, but he would attempt to do so again. Mr. Conway suggested that he either ask for the 10 foot variance this evening or wait until he talks with the owner. He cautioned that, without an agreement, the Planning Commission could require them to have the entire driveway on their property. Mr. Kikendahl would prefer to get.an agreement, and understood that a another variance would be required if they could not get an agreement. Mr. Dixon advised that that there would be 3 foot of landscaping on Sparky Lane, 7 foot of landscaping in front, with some planting areas in the parking lot. The members agreed that this would be an improvement to the building and the site. It was explained that there would be wall signs on the front and east side (Sparky Lane); that the Wendy's girl logo will be removed from the monument sign, but will stay on the wall sign. Mr. Conway clarified that the signs must be approved by the Architectural Review Board, and he was not sure that the logo would be approved on the wall sign. Nfr. Dixon explained that 135 square foot of sign area was allowed and they are 2