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. .? PLANNING COMMISSION APRIL 8, 1986 PAGE 4 time when the effect of easements effecting these parcels, particularly drainage to the rear of the lot, can be examined by the Law Department as to the effect that this assembly would have on it, seconded by T. Morgan, and unanimously approved. Building proposal was then reviewed: arainage of the retention system would be to the rear through an easement which was granted to the current owner of the property to the ditch which runs through residential property. Mr. Salisb ury read conditions of the easement which was recorded in the county records in 1953 and explained that there is an existing 6" pipe on the property which they propose to use,.if possible, in order not to disturb the property in the rear, Mr. Mahoney, owner of that property, claimed that no such easement is shown on his deed. The Law Department will research this and if easement is not valid, the developer will have to have an al- ternate proposal for drainage or will have to obtain an easement. In answer to other concerns of the neighbors, Mr. Salisbury explained that drive in speaker is directed away from residential areas; sodiimm lights will be shielded down and rear lights will face Lorain Road; green area is planned behind parking- lot (adjacent -to residences) ;. trees and shrubs - are to be-planted to screen from-residential areas. There are some ex- sisting trees on property and Mr. Salisbury was advised that a plan must--be submitted.to the city forester showing all trees and indicating which are to be removed. The Commission requested-that..the cleveloper consider eliminating one'of the two curb cuts planned. Mr. Duhelko advised that if the drive-thru speakers are less than 250 away from a residence, the hours of operation are limited by ordinance. R. Bierman moved to refer. the proposal to construct a Kenny King Restaurant between McKenzie and Decker Roads on the south side of Lorain Road to the Archi-tectural?Board-of-Review, the Safety.Department, the Engineering_Depart--::- ment,-with:-an emphasis :on.the single .drive._and also-_landscaping to. the rear of the property, seconded by--E. Traczyk,--and unanimously approved:- IV. NEW DEVELOPMENTS AND SUBDIVISIONS: 1) Kenny King Corp. Assembly Plat , Location,is the south side of Lorain Road between McKenzie and Decker Roads. Proposal is to combine three (3) existing parcels, 235-7-7, 25, 29, into one (1) parcel, which is the site of a proposed Kenny King Restaurant. Heard above and tabled Lmtil April 22, 1986. 2) Bellevue-Fitch Lot Split Location is the south side of Bellevue Drive at the intersection of Fitch Road. Proposal is for approval of the plat for the subdivision of parcel 235-18-14, (which was done in 1970 by deed only, and without Planning Commission or Council approval) into two (2) parcels: 235-18- 14 and 235-18-113. Note that this same proposal was heard and rejected by Planning Commission on January 10, 1984; request for variance was heard and rejected b.y Board of Zoning Appeals on June 6, 1984. Mro Gibbons, attorney for Citrus Trust, presented a linen signed by both the owners of sublot 2, Mr, and Mrs. Harrington, and a..trus-tee of Citrus Trust, the owner of sublot 1. There is a house on sublot 2. This subdivision was rejected by Planning Commission in January of 1984. Mr. Gibbons read an affidavit-signed by Mr. Bauer, Citrus Trust, which