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. w PLANNING COMMISSION NOVEMBER 22, 1983 PAGE 2 drive is required for safety equipment. Mr. Draeger stated that they would prefer to landscape the 40' Brookpark right-of- way, but they have received no answer from the State. The Archi- tectural Board had also suggested some sort of decorative wall. Rini's would prefer to construct the decorative wall rather than reduce the addition by 2' in order to include landscape strip and 20' drive. Commission would prefer both landscaping on right-of-way as well as some type of decorative wall. Mr. Richland of Great Northern Partnership agdin restated their posi- tion against the BZA ruling that the Rini location should not be considered a through lot and that the 50` set back requirement from any street is more restrictive and should prevail. Assistant Law Director Dubelko stated that the ruling of the BZA is final since Council did ngt diaapprove the ruling withW30 days and that ruling must be upheld. Mr. Richland also disputed that the pro- posed parking is sufficient. He stated that 580 parking spaces should be required. Mr. Gundy will recalculate the parking since requirements have been disputed, but he believes that par- king proposal is sufficient. Mr. Morgan stated that he would prefer that the 50' set back be maintained, but the Commission must abide by the ruling of the Law Department and the BZA. The Architectural Board of Review will be meeting November 28th to study landscape plan. J. Roberts moved to table the Rini pro- posal until a report is received from the Architectural Board of Review and would like the Architectural Board to consider both landscaping on the state right-of-way and a decorative wall with the understanding that the 20' drive must be maintained for safety equipment, seconded by J. Burns, and unanimously approved. I.V. NEW DEVELOPMENTS AND SUBDIVISIONS: 2) Zitnak Subdivision:' Splitting of parcel 231-25-2, the west side of Clague Road, which is to be joined to the south side of Frank Street. which is a land-locked parcel on into eight (8) sections, each of abutting parcel fronting on the Assistant City Engineer D. McDermott explained that this is back- land that is bei.ng assembled to properties facing Frank St. and that plat cannot be accepted unless all abutting property owners sign plat. Proposal was explained to Mr. Rees and his brother whose property is not involved. T. Morgan moved to approve the Zitnak.subdivision splitting of parcel 231-25-2, which is a land- locked parcel on the west side of Clague Road into eight (8) sections, each of which is to be joined to the abutting parcel fronting on the south side of Frank street contingent upon all parties accepting their section, seconded by J. Roberts, and unanimously approved. V. COMMUNICATIONS: Ord. 83-138: A previous ordinance had been approved by the Commission and was subsequently disapproved by Council. Ordinance provides for