02/08/1983 Minutes - Laserfiche WebLink

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? PLANNING COMMISSION FEBRUARY 8, 1983 PAGE 3 Assistant City Engineer McDermott explained that this is to subdivide an existing lot with a dwelling located on one sub- lot. The vacant portion of the lot conforms to all codes. The lot with the dwelling was granted a variance on January 5, 1983 (250 square foot variance for lot size). J. Brown moved to ap- prove the Brooks Resubdivision two sublot split of permanent parcel 233-4-5 located on the north side of Bradley Road on the north side of Martin Drive, seconded by J. Wixted, and unani- mously approved. (2) DiBenedetto Rezoning Request Location is the north east corner area of the intersection of Brookpark Road Extension with Dover Center Road and includes the original permanent parcels 232-25-5, 232-25-6, and 232-25- 54, all of which were included in the DiBenedetto Subdivision. Request is to change the present zone of A Residence, single, to Retail Business, General. Mr. DiBenedetto explained.that when this property was originally subdivided and rezoned in 1969, the entire portion should have been zoned general retail. However, because of an error in the legal description, these.l;o.ts remained residential. Assis.t-ant City Engineer McDermott stated that he was unaware of the orig- inal intent of the ordinance, however, he could find no error in the ordinance as written. He also advised that permanent parcel 232-25-54 does not conform to the General Retail Zoning Codes and the property would have to be assembled to meet area requirements for the General Retail Area. Mr. DiBenedetto ex- plained that he bought this land at the City's request, in order to develop a plan for connecting Brookpark Ext. with a proposed street running west off Dover Center Rd. (to North Park Dr). These plans were subsequently abandoned. The pro- perty, adjacent to Broolc.park Ext. has not sold as residential propertye He has no definite proposal for the land at this time. The adjacent neighbors objected to the rezoning. Mr. O'Conke stated that there were enough problems with traffic, trash, and debris from convenience stores and a business at this site would make it worse. Mrs. Erna Koepke, 4773 Dover Center Rdo, the property owner to the north,had submitted a letter dated February 7, 1983 objecting to the rezoning. Coun- cilman Woerpel requested that the letter be made part of the record. (Attached to the Minutes of February 9, 1983). Plan- ning Commission member B. Gorris, absent at this meeting, had submitted his objections by letter to any spot rezoning within the city. Mr. Burns stated that the south side of Brookpark Extension was a logical boundry for the general retail district on Dover Center. Mr. Morgan is also opposed to the rezoning especially since there is no specific proposalm J. Burns moved to reject the DiBenedetto rezoning request for permanent parcels numbers 232-25-5, 232-25-6, and 232-25-54, since Brook- park Extension provides a natural boundry for the retail district,