04/17/1996 Minutes - Laserfiche WebLink

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Comodeca, 3394 W. 231st Street, for a 2 foot side yard variance and 7 foot rear yard variance to construct a detached garage (existing garage will be removed), contingent upon the garage being placed upon the property within 12 months from the date of the granting of the variauce. Violation of Ord. 90-125, Section 1135.02(c)(2). The motion was seconded by T. Koberna, and unanimously approved. Variances granted. 15. U-Store-It, 24000 Lorain Rd. Request for varia.nce (1123.12). Request variances for practical difficulties and unnecessary hardship (buildings are constructed). Request variauce to use property zoned as Single Family `•`C", Residential, for a commercial use. Request 30 foot variance for side yard set back on east; 45 foot variance for side yard set back on west and 3 foot variance for rear yard setback on north. Also request 16.5 % variance for land area to be occupied by bu.ildings (25% allowed, 41.5% requested). Violation ofOrd. 90-125, Sections 1123.12; 1135.01; 1139.07; and 1139.05. - Chau7nau Gomersall called all interested parties before the board. The oath was admuustered to Mr. Hurtuk, representing U-Store-It, and D. Schmidt, owner ofbusiness next door. Law Director Gareau summarized what has gone on b,efore. U-Store-It is located on a split zoned bowling alley lot. He advised that there had been discussion as to whether this use is industrial or commercial, and he had ruled that, because the ultimate consumer was storing there, this was a retail use. The owner of the property installed units on the rear portion of the lot which was zoned Single Family, Residence. For the last eight or ten years there has been litigation. or the threat of litigation since the buildings were installed without a permit and without approval from the Engineering Department, neither was there input from planning commission regarding bu.ffering or screening. The Law Department would like this resolved, and if it is resolved, the Engineering Department must approve the storm drainage and retention, and buffering and screening should be considered. He explained that there was a huge mound of dirt in the rear which acts as a buffer now. Since these buildings have been there for 8 to 10 years, he believed that it would be unlikely that a court order would be given to tear them down. Even though he did not like how things had progressed, he believed that this should come to an eud. The residential portion of this lot is practically landlocked. He believed that the rezoning was tumed down earlier, because of the way this was developed without a permit. If this board does grant the request, they can send it to the architectural review board for screening aud buffering if they do not believe that they have enough information, but if the members have that information they can deal with it. Chairinan Gomersall noted that the City Engineer had advised that the requirements of the originally approved storm drainage and retention must be satisfied as part of any variance that is _.gr4nted. W. Hurtuk explained that they have been submitting documents to the both the Engineering. - and Building Departments. He stated that they would rebuild the existing mound on the rear portion of the property and plant trees to create appropriate site lines from both sides of the property since this does border single family residential land. A mound would not be feasible along the west and east borders because of the size of the area, so they would install a board on board fence at au ,appropriate height. He clarified that some of the buildings would have to be removed to install the retention system and Assistant City Engineer McDermott has approved the engineering plans. The members determined where the residential property was located. Mr. Schmidt advised that he had fenced off the residential portiou of his lot. Mr. Gareau stated that this could be handled tliree ways: a variance could be granted; this could be returned to court; or a rezoning could be requested. It was noted that it might be difficult to develop the vacant, residential property that is next to U-Store- It, but there had been some rumors about it being developed. Building Couimissioner Couway believed that it might be used for Cluster Homes. Mr. Hurtuk advised that they, too, want to resolve this problem, and their other facility in North Olmsted was conforming, and they may be building 8