05/13/1997 Minutes - Laserfiche WebLink

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., lighting should be done so that there is no spill over to the other lots. The clerk clarified if this proposal is approved tonight it will be forwarded to the BZD committee of council which will be May 19, 1997 at 6:30 P.M. The motion was seconded,by A. Mauuiug and unanimously approved. Motion carried. 2) Metro Park Builders Office Retail Buildings, 24345 Lorain Road (formerly VFW and Aquarium properties). Proposal to construct two buildiugs in two phases. Heard by architectural review board April 16, 1997. Mr. Potz, developer presented the proposal. Mr. Tallon questioned if the law department has made a ruling on if the code requires a bar to be a certain distance from the school building or just to the properiy line. Assistant Law Director Dubelko advised the state liquor laws take precedence over our local zoning laws in matters that relate to police powers. He explained it is the law director's opinion that the liquor license grants the owner of the license the right to use the license in any building constructed upon that location or properiy. The cities zoning laws, with respect to non-conforming uses and extensions of non-conforming uses, are superseded by the state liquor laws. Mr. Dubelko further advised the bottom line is that the building, with respect to the issue of liquor being consumed or sold within a certain number. of feet of a lot line where a public building or school is, makes no difference with respect to location on the lot because of the supremacy of the state liquor laws which allow and always have allowed the holder to operate and use a liquor license in any building at that location. Mr. Herbster believed a second load.iug zone is required. Building Commissioner Conway thought originally there was a load.ing zone shown on the rear of the property. Mr. Potz advised, although this was shown, architectural review board recommended removal of the second load.ing zone because of the size of the building. The developer has provided ample room to put another loading zone in the back if needed. It was noted there are no plans of the photometrics or the eastern elevation ofthe VFW. Mr. Potz advised he did not submit a photometric plan but believed a plan showing the eastern elevation of the VFW was submitted previously. Mr. Brennan noted he never received this plan. Mr. Potz explained, although he presented the photometrics before the architectural review board, he did not have a copy tonight. Mr. Conway searched the file for this information. Mr. Tallon advised this information should have come here before it went before the architectural review board, and further the developer was asked at the last planning commission meeting to provide a photometric plan. The poles are 12 feet in height and with 200 watt fixtures, sliielded so as not to go onto the neighbors property. Mr. Potz explained the landscape plan will be redrawn by a professional landscape designer. He noted there will be no roof top units. Mr. Brennan felt a separate du.mpster was needed for the VFW. Mr. Potz advised there is plenty of room for that if it is requ.ired. Mr. Tallon wondered if there are any doors or windows -on the south side of the building. Mr. Potz confirmed the windows and doors are located at the front of the building. Mr. Tallon wondered what the provisions are in the code for doors and windows. Mr. Conway advised two exits are requ.ired, but there is no provision stating the exits cannot be offthe same side of the building as they just have to be remote. Mr. Conway noted, according to the plans there is a door offthe north side ofthe building and the west side of the building, however he could not find any drawing of the eastern elevation. The members discussed the proposal among themselves. Mr. Tallon requested omitting two of the parking spaces on the corner, where it is designated five parking spaces, and moving the dumpster to this location. The dumpster should be enclosed with masonry. The landscape plan is presently being drawn up by a professionallandscape designer, per a suggestion by Mr. Zergott and will be submitted for review. There will be one ground sign in the front and some building signs. Mr. Conway explained architectural review board approved the concept but wanted more detail and colors. Mr. Boehmer acivised there will be one sign on the west side of the building and it will be called the VFW plaza. The