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CITY OF NORTH OLMSTED <br />BOARD OF ZONING APPEALS <br />? ORDER AND FINDINGS <br />Applicant: APP14-2474: Lube Stop Date of Hearing: January 5, 2015 <br />Address: 28401 Lorain Road <br />Request for variance (1123.12). Proposal consists of a pole sign and the following variances are required: <br />1. A variance for re-installation of a pole sign; code does not permit applicant shows 1 pole sign, section 1163.31. <br />Standards: <br />1. Z Affirmative = Deny 0 Negative = Grant: No evidence presented to indicate that existing <br />and ongoing Lube Stop business would be substantially or negatively affected without variance; <br />applicant would continue to reasonably enjoy beneficial use of property without variance. <br />" 2. Z Affirmative = Deny ? Negative = Grant: Existing pole sign is a substantial variance from <br />the code's absolute prohibition; pole sign height of 19' 9" is substantially higher than maximum <br />ground sign height of 12'. <br />3. XAffirmative = Deny R% Negative = Grant: Existing pole sign, if permitted to remain at <br />variance from code, would not substantially alter essential character of neighborhood. <br />4. ? Affirmative = Deny Z Negative = Grant: Government services are not affected. <br />5. ? Affirmative = Deny ? Negative = Grant: Sign salesman denies that property owner <br />possessed knowledge of code restriction but Board previously upheld Commissioner's order that <br />pole sign was removed and terminated its lawful nonconforming status. <br />6. ? Affirmative = Deny ? Negative = Grant: Sign salesman presented several diagrams <br />depicting prospective resolution of sign predicament by possible installation of ground sign rather <br />than variance for pole sign. Diagrams show sufficient area for ground sign beyond sight triangle. <br />7. ? Affirmative = Grant ? Negative = Deny: Would not be consistent with code to restore <br />lawful nonconforming status by granting a variance for pole sign that had been removed. <br />Conditions: <br />The variance shall be subject to the following conditions: <br />1. N/A <br />Accordingly, based on the substantial, probative and reliable evidence on the record, and as <br />governed by application of the foregoing standards, and further subject to the conditions imposed, <br />if any, the variance is hereby: ? GRANTED Z DENIED <br />rlerk of Commissions <br />Date mailed to applicant <br />CONTINUED ON BACK <br />5200 Dover Center Road, North Olmsted, Ohio 44070 - Phone: (440) 716-4134 - Fax: (440) 777-5889 <br />RoteD@north-olmsted.com - www.north-olmsted.com