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y .. Y BOARD OF ZONING APPEALS AUGUST 7, 1985 PAGE 5 It was noted prior to the hearing that the Agenda item should read...(Vari- ance denied August 1, 1984.) Chairmari Remmel called all interested parties before the Board. The oath was administered to Attorneys J. Weiss and R. Makowski and Mr. M. Kennedy from Clark Oil. Mr. Kennedy explained that proposal is the same as the one denied in 1984 and previously approved on August 1, 1982. The variance approved in 1982 was not used because of economic conditions at that time. Mr. Weiss presented pictures of type of canopy to be installed over existing pump islands. Five 10' square posts-. will be adjacent to pump islands; canopy will be 17' high with a 14' clearance and will be cantilevered over pumps. It was explained that since this is an older station, they are limited to the confines of the property which is 150' wide and 110' deep, and the existing building, tanks, and pumps. Canopy at that height would not restrictany sight Iine and that the posts are touching the ground approximately 30' from the street line. Mr. Graves stated that the guidelin e from Council is a'S0' set back and that the ordinances are silent regarding whether this measurement should be taken from the edge of the canopy or the part touching the ground. Board will work with the developer if building could be moved back; 7'6" from the side walk is not acceptable. Mr. Kennedy questioned if canopy, as submitted, would be a problem of health, safety, and welfare. He also pointed out that not having the canopy is a hardship and the Board should look at the practically of the hardship; this lot would not provide the ability to conform. The station needs the canopy to be competitive. The app.ellants submitted exhibits 1 through 12 (1-Plan submitted in 1982; 2- plan submitted in 1985; 4- Clark Station which is being discussed; 3& 5-9 Stations in North Olmsted with canopies; 10 & 11 - picture of canopy simi- lar to that being proposed; 12- Minutes of Board of Zoning Appeals Meeting of June 2, 1982. The Appellants questioned why plan had been approved in 1982 and what had changed and pointed out that this is not a solid building and has no foundation. The appellants were advised that the Board had changed, that there were no specific guidelines from Council, that variance granted August 7, 1982 was granted only subject to Planning Commission and Archi- tectural Board of Review approval; that even if the variance were granted on the basis of the posts they would still need a variance of over 20'; that the Shell Oil request was less than theirs and that had been denied, (Shell later came in with a conforming proposal); if any change were ever made to roadway or sidewalk, canopy could end up hanging over the sidewalk. Mr. Kennedy advised that Planning Commission and the Architectural Board had approved proposal in 1982. The appellants were requested to come back with a revised plan. Mr. Kennedy requested a decision on this plan. E. Graves moved to grant the requested variance, seconded by R. Gomersall. Roll call on motion: Graves, Gomersall, and Remmel, Nay. Motion failed to pass. Variance denied. E. Graves moved to excuse the absence of Mr. Bugala and Mr. Helon, seconded by C. Remmel, and unanimously approved. The meeting was adjourned at 9:20 p. m. C. Remmel, Chairman B. Oring, Recording Secretary