06/02/2005 Minutes - Laserfiche WebLink

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5. A 68 foot variance for display of inerchandise in front setback (Lorain), (code requires 75', applicant shows 7'), section (1139.07) (ta.ble). 6. A variance for irrigation, (code requires irrigation, applicant shows none),'section (1139.14). 7. A 5.04 foot candle variance for illumination level, (code permits maximum 5.0 fc, applicant shows 10.04), section (1161.12 (C)). 8. A 98 foot varia.uce fos minimum distance faom residential property of lumanary based on mounting height, (code requires 180', applicant shows 82'), section (1161.12 (C)). 9. A variance for light trespassing on other property, (code does not allow, applicant shows), section (1161.12 (C)). Which is in violation of 90-125, Sections (1123.12), (1139.07) (table), (1139.14), and (1161.12 (C)). Note: Photometric plan is not carried out to 0.0 foot candle as called for in (1126.02 (A) (1))• Mr. Ca.rl Halleen the owner,lVlr. Farrell applicants Attorney, and the followving neiglflbors;lVqs. Duffy, Ms. Larosa, Mr. Pacsuta, IVdr. Hebebrand, Mr. Dunlap, Mr. Ivlaxim,Mr. Sullivan, Mr. Hermau, each came forward to be sworn in and address the request. Mr. FarreIl indicated that his client required nine variances. He suggested that Planning Commission recommended variance requests #2, #5, #7, and #8 be approved. He questioned why a variance would be required for the sites existing curb cuts. They wouid be eliminating one of the curb-cuts along Dewey Road and twa off of Lorain Road as requested at a meeting with the Law Department and City Planner. The City Planner asked that the setbacks be increased at the preliminary meeting. Although they still don't meet the setback requireffiemts they have nncreased the landscaped areas since their prelimixiary meeting. The use va.riance for the landiocked green space will be used to park cars. ffis client would like to be allowed to use lus own Iand. There is an existing fence around the green space which would be maintained and the hardship is that the land is landloclced, can not be broken off from the site as it has no access and the rest of theiP lots are beirng used for what they are projecting to use the green spaee for. Va.riamces #2 atad #5 both address the setback aiong Lorain Road. His client would like to be aliowed to mainfi,ain the same setback along Lorain Road as they now use, as the use will be the same. At Planning Commnssion #hey vvere asked to mcrease the setbacks along I)ewey Road and the back line of the property. They have increased the buffeaing along I)ecwey and Lorain from zero to IS feet and along the rear groperty from zero to 10 feet. They wFll replace the existing chain link fencing around the pa.rrcel they are acquiring with a vinyi fence to match the style they used around the KIA I)ealership. The fence will run fronn East Patk Drive rear proPerlY line along the entire property line and end at I)ewey Roacl property line. The parcel they aze tcying to acquire and improve Zs zc?ned retail and roughly about 483 square feet. Code requires a 20 foot rear setback, a 20 foot side yazd setback along Dewy Road and a 20 foot setback along I,orain as well as a 75 foot setback to d'asplay tlfleir cars. If his client adheaes to eaeh of those codes the lot would not ise unusable nor woaild he be able to acquire a reasonabfle return for the price of the Iat. As for not wan#ing ta irrigate the site, the code evidentIy requires his client to not only irrigate the minimal amount of landscaping for the new lot, but they have been told that they would also }ave to ixrigate the existing Chevy car lot as well. It would cost his client rnore to irrigate botfla of the sites then to complete afll the intended work on the new site. His cfients wouid maintapn the small amount of landscaping by wateriag it with a garden hose. His clients feel that the amount of landscaping/buffering they are proposing is a fair comproffiise and ffiore than what is presently there. They are purchas?g the site to ciem amd ianppove the comer which will benefit eveayone. Applicants submitted and disdribaxted nevv photometric pians. Mr. Farrell stated that the new plaus eIiminate varifauee requests #7 &#9 and may possibly eliminate variance #8. 7of15