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•? ? PLANNING COMMISSION NOVEMBER 25, 1986 PAGE 3 but is requesting approval of the curb cut first. Mr. Dubelko stated that the entire proposal should be discussed at the same time and that all code requirements must be met prior to getting an occupancy permit. Mr. Horvath is planning to complete parking lot, etc, in the spring. after business is in operation, and has not figured these improvements into his budget at this time; he stated he owns the property and intends to upgrade it. Councilman Wilamosky agreed that the entire package should be discussed at the same time and believed th at the existing. driveway for the residence would meet code requirements. Chairman Burns questioned if a residential curb cut could be considered as the second access as required in Zoning Code Sections 1125.57 and 1213.02. Mr. Dubelko responded that since proposal is incomplete he prefers not to give a definite opinion at this time; however, he agreed this might be an option. Mr. Godfray, Vice President of the Timber Trails Homeowners' Association, offered pictures of the existing property and pointed out that the proposed curb cut is in the gravel area of the lot. Mr. Bierman questioned if proposal should be discussed in light of the Assistant Law Director's advice and suggested the developer return to the Building Department. Mr. Vycital, 30941 Windy Hollow Lane also objected to curb cut on the gravel area of the lot and that they. p lan t.o open prior to paving parking lot. Mr. Godfray, speaking for the Homeowners Association, stated objections to any access on Hickory Lane on the basis that this access is closer to Old Shore Drive than it is to Lorain Road and the possibility of drivers who are under the influence of alcohol driving through these residential streets; and he urged that any second access be installed on Lorain Road. He quoted Section 1213.02 of the Zoning Codes .. and maintains that__this access will interfer with the use of residential property and the fl-ow of traffic on residential streets. He also quoted Section 1311.02, paragraph C, requiring conformance with the provisions of the Zoning Code whenever the use of an existing building is changed to a use requiring more off street parking facilities and urged the Commission to stop all improvements, expansion, or renovation to the parking area that do not conform to code, pointing out the various code violations which have been previously mentioned,and adding that lighting . has recently been added which is higher than allowed, is not shielded, and is directed onto residential property. He requested that the Commis- sion enforce all codes as they apply prior to the opening of the night club. Mr. Horvath responded that lighting was installed by the Illuminating Company and he assumed that they knew the codes; that in order to install an additional curb cut on Lorain Road, he would have to relocate the sign and utility pole at his own expense; but advised he would withdraw his reque.st in view of the neighbors opposition. Mr. Kip; 30786.Windy Hollow, read a letter from Mr. and Mrs. Haneberg, 30849 Old Shore, who live directly behind this establishment and are objecting to the proposal on the b asis of the present unkempt condition of the property (litter, overflowing dumpster, etc) and a missing downspout at the.rear of the building. They also advised that a herbicide applied to the gravel parking area drained to their property causing $1,200. worth of damage to their landscaping. They, too, are requesting that property be brought up to code. Mr. Kip then pointed out portions of the drawing wl'iich was presented that was not to scale. Mr. Thomas, 6096 Wild Oak, stated that Mr. Horvath, who is claiming to be under a hardship, created his ' own hardship by not checking the eodes prior to investing in his busi- ness. Proposal was withdrawn by the developer.