04/06/2006 Minutes - Laserfiche WebLink

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inentally retarded and physically handicap people which does not allow facilities to be adjacent to one another. The acceptation to the requiremerit is if there is at least a 10-foot property distance between the facilities. Therefore they worked with the City Law Department to create a parcel which would meet. state requirements so that the home could be built and agreed to clearly place a deed restriction on the plat stating that if the facility is sold or the use changes then the non-conforming lot would be absorbed back into the parenting lot. Without the creation of the non-conforming lot they would not be allowed to construct the home. Mr. Burke questioned whose idea it was to create the 10-foot parcel. Mr. Belington advised that the idea came about through discussions with the City Law Director. The non-conforming lot would not physically be visible as it would be part of the courtyard and walkways it would just be visible on paper. Mr. Burke voiced that he thought the project was very creative and the plan was good and he understood the reasoning behind the plan. Mr. O'Malley suggested that if the board's intention was to grant the variances then he recommend the board impose the condition that a deed restriction be imposed directly on the plat for the benefit of the City. Mr. Belington stated that his client agreed to clearly show the deed restrictions. T. Kelly moved to grant Welcome House of 29776 Lorain Road their request for variance (1123.12), which consists of a new development and that the following variances are granted as amended: 1. A variance for not installing continuous concrete curbing, (code requires continuous concrete curbing applicants shows none), section (1161.11(a)). 2. A variance for all exterior light fixtures not being full cut off excluding the (5A) fixture, (code requires full cut off, applicant shows none), section (1161.12 (d)). 3. A.2 foot candle variance for minimum,illumination of parking and drive area, (code requires .2 fc, applicant shows .0 fc), section (1161.12 (c)). 4. A.5 foot candle variance for minimum illumination of walkway, (code requires .5 fc, applicant shows .0 fc), section (1161.12 (c)). 5. A 5 foot candle variance for illumination at active pedestrian conveyance, (code requires 5 fc, applicant shows 0 fc), section (1161.12 (c)), 7. A 26 inch variance for concrete light pole base of fixture LP, (code requires 30 inch, applicant shows 411), section (1161.12 (f)). 8. A 7,039 square foot variance for lot area, (code requires 10,850 sq ft, applicant show 3,811 sq ft), section (1139.06). 9. A 60 foot variance for lot width, (code requires 70', applicant shows 101), section .(1139.06). Which is in violation of 'Ord. 90-125 sections (1161.11(a)), (1161.12 (d)), (1161.12 (c)), (1161.12 (f)), and (1139.06). Conditioned upon the deed restrictions be clearly printed on the plat for the benefit of the City. J. Maloney seconded the motion, which was unanimously approved. 4. Chick-Fil-A; 4777 Great Northern Blvd.: (WRD # 4) Request for variance (1123.12). The proposal consists of a new free standing restaurant and site improvements. The following variances are required: 1. A 7 foot variance for building front yard setback, (code requires 75', applicant show 68'), section (1139.09). 2. A variance for 13 car parking (see note), (code requires 77, applicant show 60), section (1161.05 (r)). 3. A 24 foot variance for distance of luminary mounting height from residential property line, (code requires 115', applicant shows 91', section (1161.12 (e)). 6