11/01/2007 Minutes - Laserfiche WebLink

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; .;. ` CITY OF NORTH OLMSTED 4. ? Negative = Grant: Negative - governmental services will not be altered. 5. Z Affirmative = Deny: Afflrmative- applicant presumably had knowledge of the zoning resfrictions prior to purchase. 6. Z Affirmative = Deny: Affirmative - Signage can be eliminated or relocated so that applicant's predicament can be avoided. 7. Z Negative = Deny: Negative - the spirit and intent of the Code would not be observed, nor substantial justice require placement of the ground sign in violation of the safety requirements. The Board's deliberation and vote addressed items 1& 2 only; item 3 was considered to be moot by the disposition of the Special Permit and the denial of the variance for expansion of the nonconforming building. Accordingly, based on the substantial, probative and reliable evidence on the rec.or:d, and as governed by application of the foregoing standards, and further subject to the conditions, the variance is hereby: GRANTED DE1vIED Following ;the above outline of the variance, as presented on the Board's Agenda, the Board separately ruled on the atems as follows: 4. A variance for light illuminating other property (note: 2), (code does not permit, applicant shows light trespassing) section (1161.12 (C)). 5. A 3.29 foot candle variance for pump island canopy illumination, (code permits 15 fc, applicant shows.,;18.29 fc) section (1161.12 table). 6. A 213, foot candle variance for parking lot illumination (code permits 4 fc, applicant shows 6.13 fc), section (1161.12 table). 14. A variance for average foot candles, applicant does not indicate average site lighting, 4 is maximum. Applicant shows 18.5 average fc for canopy lighting, maximum is 15 fc. Foot candles are not zero (0) at the property line, section (1161.12 (C)). Standards: 1. ? Aff"irmative = Deny: Affirmative - applicant failed to demonstrate the absence of reasonable re.turn or beneficial use without the variance. 2. Z Negative = Grant: Negative - the additional footcandles was not excessive. 3. ? Negative = Grant: Negative - the character of the neighborhood would not be altered. 4. Z Negative = Grant: Negative - governmental services will not be altered. 5. Z Affirmative = Deny: Affirmative- applicant presumably had knowledge of the zoning restrictions prior to purchase. 6: 1,71 Affirmative = Deny: Affirmative - Lighting can be reduced or recalibrated so that applicant's footcandle predicament can be avoided. 7. Z Affirmative = Grant: Affirmative - the spirit and intent of the Code would be observed, and substantial justice requires that additional non-excessive footcandle calculation be permitted. ?.. , SZOO.Dover Center Road, North Olmsted, Ohio 44070 - Phone: (440) 716-4134 - Fax: (440) 777-5889 RoteD@north-olmsted.com - www.north-olmsted.com