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. <br />. <br />Board of Zoning Appeals - January 10, 1961 o Page 2 <br />It was moved by Mr. Byers and seconded by Mr. Greene that the variance for the <br />awning be granted and also that the variance be granted concerning the lights <br />with tbe following stipulations: There should be only fiwo spots or shielded bulbs <br />on each of the two posts, not to exceed 150 watts each, and the lights be directed <br />downward on the appellant's properfiy. <br />Mr. Smith abstained because of conflicting intereste. The motion was unanimously <br />approved. <br />3. Appellant: Empire Spring Company, James F. Raffertv - Abbe Road <br />Elyria, Ohio <br />The appellant requested permission to build a small industrial plant on a piece of <br />property adjacent to Brookpark Road in North Olmsted, Ohio. <br />Mr. Klini-te made it clear to those in attendance that the Board would concern itself <br />only with matters tn direct connection with the discussion of the Board. <br />Mr. Rafferty'presented letters and plans to the Board from the following: <br />Depar.tment of Public Utilities - Water; Department of Health; and East Ohio Gas Co. <br />Ldiliiam Ponting of 5099 Columbia Road, North Olmsted, Ohio, presented a petition <br />from 116 property owners in the vicinity of the proposed industrial plant, such <br />petition being agaisst the construction of an industrial plant and aiso for the <br />rezoning of the industrial zoned area to multiple dwellings, office and medical <br />buildings, research centers, and buildings of this nature. As the rezoning <br />portion of tMis petition was of no direct concern to the Board's discussion, <br />Mr. Ponting fi;led the petition with the Planning Cornm6ssion at this time. <br />Mr. Wilbur H. Brewer, Attorney at Law, 300 Engineers Building, Cleveland, Ohio, <br />stated the following: The Board does not have the legal, legistafiive authority <br />to decide on this matter and tFiat the appellant is asking the Board for a spot <br />rezoning of the strip of land to be used for access to the industrial property. <br />It was also pointed out that the appellant does not have a firm commitment from the <br />State Highway Department stating that they will provide an access road at sometime <br />in the future after the:industrial site has generated sufficient traffic. <br />It was moved by Mr. Morgan and seconded by Mr. Greene that the request be turned <br />down because the Board has no legal authority or power to grant the variance. <br />Mr. Smith abstained because he is a resident of Kennedy Ridge Road. The motion <br />was unanimously approved. , <br />Mr. Klinite read a letter from the Buildimg Commissioner to the Fairview Cab Co. <br />informing the cab company of the Board's decision on its appeal and stating that <br />fihe steel radio tower must be dismantled by January 12, 1961. <br />Mr. Morgan is to revise the procedure of the 6oard and present the revision at the <br />next regular meeting on February 7, 1961. <br />The meeting was adjourned at g p.m. <br />Willard Klinite, Chairman Lloyd Moggan, Sq retary