01/31/1996 Minutes - Laserfiche WebLink

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i?J building. Violation of Ord. 90-125, Section 1163.12(g). This variance is an agreed modified request and is granted for a 4 month period. The motion was seconded by R. Gomersall, and unanimously approved. Variance granted. 9. BP Oil Conapany 29131 Lorain Road Request for variance (1123.12). Request 42 foot front setback variance; request 5 foot, 2 inch variance on west side; request 18 foot rear yard variance; request 5 foot variance for rear buffer area; request variance to sell and display goods in 75 foot front setback (Area of display to be 15 feet from the north east corner of the building and extends in both directions. Violation of Ord. 90-125, Section 1139.07 (table). Referred by Planning Commission on January 23, 1996. Chairman Gomersall called all interested parties before the board. The oath was administered to Mr. Duffy, representing BP Oil, who explained that this proposal has been driven by the proposed widening of Steams Road since a portion of their property will be taken. They have taken an option on the /I property to the southwest (a convenience store) to allow them to rebuild either now or after the laud take. He presented a drawing showing what property will be taken and the triangular area that would be ? uildable by code with the existing roads which would make the lot unbuildable. They intend to build their own convenient food store which will be about the size of the existing store and reconfigure the pwnps. This will possibly be a two stage development, first bu.ilding the convenient store and the pumps, and after the take happens, they will relocate the storage tanks. At planuiug commission's request, he moved the building fiuther away from the resident to the south. Mr. Drellishak and Mr. Blake, neighbors to the west and south step forward at this time and were administered the oath. The variances were explained to the neighbors. Mr. Drellishak was advised that, if he bu.ilt a building, he would have to be 10 foot from tlie line on his side; and Building Commissioner Conway advised him, if properties were co- developed, it would be possible to build right up to the line. Mr. Drellishak's property is used for residential, but is zoned commercial. It was noted that the 5 foot, 2 inch variance on the west side is needed at the narrowest point since the property tapers. It was clarified that there would be 32 feet to the residential area to the south, so the variance required in the rear (south) would be 18 feet, not 44 feet as stated. There will be a landscape mound with a board on board fence on top with evergreens planted on the neighbor's side. Mr. Uu.ffy explained that the time frame for building was uncertain, but he had to acquire the properiy when it became available. Mr. Conway is concerned since variances are only granted for a year. Mr. Duffy was not sure he would start in a year. Law Director Gareau noted that they kept pushing the road improvements back, so that might not happen for a long time. He believed that it might be good plauuing to remove the old building. Since the variance time limitation is a zoning code issue, the board could vary that. It was clarified that the property on the west would not be affected, since he would have to build 10 feet offthe line. The variance for the BP station is based on a hardship due the taking of property. If the property to the west asked for a variance, it would have to be based on its hardship, but there is nothing in the code that states that buildings have to be 20 feet apart so he would still be able to build his building 10 feet off the line without a variance. Mr. Duffy explained that he could not move the building because there would not be enough room for the diYVing lanes around the pumps and for parking. He showed the footprint of the existing buildmg and eaplained that the new building was in the same location. He explained why they cannot pivot the building and clarified that it is their beliet when Stearns is widened, it will be the main street. Mr. Gomersall noted that the planniug commission recommended approval. It was clarified for Mi. Black that the pump would be 50 feet from his property line and that there would be a 2 foot mou.nd with a board on board fence on top. Mr. Black was concerned that the lights would shine into his house through the openings of the fence. W. Duffy stated that the good neighbor fence is better looking and it will be on a two foot mound with evergreens 5