04/30/1996 Minutes - Laserfiche WebLink

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1-; entirely, and the proposal conforms to the frontage and area requirements of the zoning code. The motion was seconded by K O'Rourke, and u.nanimously approved. 3) Thomas Coury and Anthony Pilla (Bishop of Cleveland) Lot Spit and Assembly Plat. . The proposal, as indicated on the plat is to split off a small (50 foot by 140 foot) rear portion of permanent parcel nu.mber 233-09-001 and join it to parcels 233-09-004 and 233-09-005 (previously combined and the site of St. Clarence Church) and, also to combine the remainder of parcel 233-09-001 with parcels 233-08-015 and 233-08-016 which is the site of the approved Coury Senior Housing project (Castle Pines Retirement Community). Note that the lot split/assembly ofparce1233-09-001 creates a "split zoned" condition of the new St. Clarence site combined parcels (north west comer): General Retail Business and Senior Residence District. Mr. Coury explained that the Diocese wanted to keep a small lot in the rear of the larger parcel in order to move a volley ball court there. Mr. Lah, attorney for the Diocese, clarified that the pavilion on the St. Clarence properiy was close to the properiy line, and they would like to keep this lot to accommodate the future needs of the parish, they wanted to retain that area for recreation purposes since there was no room for children to play. Regarding the split zoning, this portion will become part of the St. Clarence property and he maintained that there. was little that the church could do with such a small piece. He clarified that the one lot, 233-09-001, was originally for the St. Clarence Senior Housing project, but, it was decided that it would be better to sell this to Mr. Coury, who was developing the adjacent senior housing, so they would not be in direct competition. The property involved is under contract, it has not been sold. Mr. Lah clarified that the sale is to be contingent upon the city's approval ofthe property split so they can file the deeds at the same time, since the county will not accept the plat or deeds transferring the property without the commission's approval. Mr. Coury advised that the front section of this property would be used for a bus shelter and turn around, and the remainder will be held for future development. Mr. Brennan was concerned about creating a mish- mash of boundaries, and he did not consider a 50 by 140 foot lot a big recreational area. Mr. Coury again stated that they were going to move the volley ball court there to allow more play area for children next to the pavilion. It was clarified that the lot where the bookstore is to be located had never been consolidated with the rest of the church property. Mr. Tallon advised that this must be consolidated; and noted that, even though it was shown with a separate lot line, it did not have a parcel number. Mr. Coury believed that this was not noted since this was the assembly for his property and that piece belongs to tlie church. Mr. Tallon wanted to make sure that this lot is consolidated with 233-09-001. Assistant Law Director Dubelko thought that it would be appropriate to require the assembly of the bookstore lot with this assembly rather than have them come back a second time. Secondly, the joining of lot 233-09-001 to the other Coury properties should be contingent upon title transferring so there would not be a split owned plat. Mr. Herbster would like the lot line brought down so that it is in line with the other lot. Mr. Coury stated that it could have- been done, but he would have a use for that land and this is all the church needed. Mr. Dubelko believed that creating a smaller lot for Mr. Coury could create a hardship for future development. If he split off this one little area, it would be considered a self-created hardship, but the city should not create more of a hardship. He fiirther commented that the Law Department does not believe the small lot would have to be re-zoned since had been retail previously, and it borders on the Metroparks, and is being joined by retail property which is be used as a church for years to come. R. Tallon moved to approve the Thomas Coury and Anthony Pilla (Bishop of Cleveland) Lot Spit and Assembly Plat proposal, as indicated on the plat, and is to split off a small (50 foot by 140 foot) rear portion of permanent parcel number 233-09-00 ] and join it to parcels 233-09-004 and 233-09-005 (previously combined aud the site of St. Clarenc( Church) and, also to combine the remauider of parcel 233-09-001 with parcels 233-08-015 and 233-08- 016 which is the site of the approved Coury Senior Housing project (Castle Pines Retirement 4