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04/05/2012 Minutes
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04/05/2012 Minutes
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N Olmsted Boards & Commissions
Year
2012
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
4/5/2012
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Brian Fabo, Maria Varga and David Mortach were sworn in. Mr. Fabo said the existing building <br />will be deinolished and two curb cuts eliminated for a new display area. The residential <br />neighbor to the north will be buffered by a fence and the new lights meet code. Mr. Mitchell <br />asked if the light fixture was removed from the building. Mr. Fabo said the light could not be <br />removed until possession of the lot was complete however power to the light was cut-of£ Mr. <br />Mitchell said commercial traffic onto Berlcshire would be reduced therefore he had no <br />objections. Mr. Gareau said the main site had capacity issues, which is being addressed through <br />expanding the lot. Ms. Diver said the resident to the north will have a fence in their front yard <br />and questioned why the code could not be met. Mr. Fabo said the size and location of the lot <br />does not lend itself to being developed without variances. Currently there is no rear yard setback <br />and the new use provides a 6 foot rear yard setbaclc. Ms. Diver questioned if additional <br />landscaping would be provided for the resident to the north and Mr. Fabo said the area between <br />the fence and parlcing lot includes grass. Ms. Diver said the northern neighbor will be exposed to <br />lights and vehicular traffic from the dealership. Providing the north neighbor additional <br />landscaping along their property line would minimize the impact. Mr. Fabo said he would <br />provide the northern resident landscaping to soften the impact of the fence. <br />Mr. Mortach said he lives behind the main dealership and although evergreens will be installed <br />once the northwest project starts there are three lights along the baclc which need to be redirected <br />as the lights are shining into the hoines. Board meinbers said without additional landscaping and <br />or evergreens along the northern property line the request would adversely impact the neighbors. <br />Ms. Volga said she is the northern neighbor and her home will be surrounded by vehicles and <br />fencing. She has had to replace sections of fence which the dealership damaged snow plowing <br />and has had to deal with poison ivy growing tluough the fence. She asked who was responsible <br />to maintain the fence, overgrown weeds and their trees which have been killed. Mr. Mitchell <br />said the homeowner should contact the building department for assistance when such issues <br />arise. Ms. Rudolph assured the homeowner that they would recommend council addressed her <br />concerns regarding landscaping, fencing and property maintenance issues. Mr. Lopez said the <br />homeowner is to be notified of Council's meeting with the applicant to ensure they have an <br />opportunity to voice their concerns. <br />Ms. Diver moved, seconded by Mr. Lopez, to grant CMS12-02: Nissan of North Olmsted of <br />28596 Lorain Road the following variances for parking lot expansion: <br />1. A 4 foot variance for front yard setback (Lorain); code requires setback of 20 feet to <br />parking and drives, applicant shows 16 feet, Section 1139.07. <br />2. A 59 foot variance for front setbaclc of inerchandise (cars); code requires setback of 75 <br />feet to merchandise, applicant shows 16 feet, Section 1139.07. <br />3. A 9 foot variance for parking/drives displayed in rear yard setback (residential); code <br />requires 15 feet, applicant shows 6 feet, Section 1139.07, with a recommendation that <br />council address landscaping for the northern neighbor. <br />4. A 14 foot variance for side yard setback (Berkshire) on a corner lot; code requires <br />setback of 20 feet to parlcing and drives, applicant shows 6 feet, Section 1139.08(a). <br />Motion passed 5-0. <br />2
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