03/03/2005 Minutes - Laserfiche WebLink

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Board members comments: Mrs. Diver indicated that she was disappointed that the applicant did not follow the recommendations of the Planning Commission. The board believed that in the matter of the use variance the applicant did not show a'hardship. The board felt that the land could be profitable under the current zoning. The applicant purchased the lot lcnowing it was residential hoping to use it as commercial. The applicants have not shown that the residential lot can not be used as it is currently zoned. In the matter of the area variances, the board found that the property could yield a reasonable return and could be used without variances. Some of the variances being requested are substantial. The surrounding neighborhood would be altered and may suffer economically. There would be no adverse impact on goverriment services or deliveries. The owner purchased all properties with full knowledge of the property restrictions. The applicant's predicaments could be precluded through some other method than variances. The applicant requires setback variances to accommodate the City's request to keep the expansion of the building away from the residents. The applicant seemed to be more concerned with 15 parking spaces than buffering the abutting residents. The board felt that the spirit and intent behind the zoning code would not be served in granting all of the variances requested. Mr. Maloney commented that Planning Commission recommended approving variance requests 1, 2, & 3 and denying variances 5, 7, 8, 9 and 10 requested. W. Kremzar moved to grant Halleen Kia, of 27726 Lorain Road their request for variance (1123.12) and that the following.variance is granted as amended: 1. A use variance for parking/storage of vehicles for car dealership on residentially zoned land, (code does not permit, and applicant shows parking). Which is in violation of Ord. 90-125 section (1135.01). The use is for the storage of cars only, no commercial business can take place and the mound is to be installed as shown on the current plans. The variance approval is also contingent upon lot consolidation. T. Kelly seconded the motion, which was unanimously denied. Variance Denied. W. Kremzar moved to grant Halleen Kia, of 27726 Lorain Road their request for variance (1123.12) and that the following variance is granted as amended: 2. A 65 foot variance for building setback,on Lorain Road, (code requires 751, applicant shows 101). Which is in violation of Ord. 90-125 section (1139.07 table). The variance approval is contingent upon lot consolidation. T. Kelly seconded the motion, which was unanimously approved. Varian.ce Granteq.;1 W. Kremzar moved to grant Halleen Kia, of 27726 Lorain Road their request for variance (1123.12) and that the following variance is granted as amended: 3. A 40 foot variance for building setback on Porter Road, (code requires 501, applicant shows 101). Which is in violation of Ord. 90-125 section 1139.07 table). The trees are to be preserved as presented and the ! variance r approval is contingent upon lot consolidation. M. Diver seconded the, motion, .,which -was unanimously approved. Variance Granted. W. Kremzar moved to grant Halleen Kia, of 27726 Lorain Road their request for variance (1123.12) and that the following,variance is granted as amended: 5. A 15 foot variance for parking vehicles along North property line, (code requires 20', applicant shows 81). Which; is in violation of Ord. 90-125 section (1139.07 table). Variance is contingent upon lot cons?olidation. T. Kelly seconded the motion, which was unanimously denied. Variance Denied.