10/04/2007 Minutes - Laserfiche WebLink

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Mrs. Diver felt that the size of the addition would jeopardize the health, safety and convenience of the general public. The use, value, development or enjoyment of neighboring property would lie adversely affected, as well as the health and safety of persons residing or working in the neighborhood. Public and private nuisance would be created by noise, odors, vibrations, objectionable lights and congestion of traffic as there are already such issues on the site as it currently stands including traffic hazards. Ms. Williamson felt that no matter what the applicants did the area around them would eventually be redeveloped and the site needed to be updated; Mrs. Sergi felt that following the standards there was no way the board could grant a special permit. Mrs. Sergi moved, seconded by Mr. Menser, to approve (COMS07-0016): Clark Gas Station,. of 28925 Lorain Road their request for a Special Permit to add to a non- conforming building section (1165.02). Based upon the board's deliberation the following conditions may be created by the issuance of a special permit namely numbers; 1, 2, 3, 4 and 61`of chapter (1165.02) as outlined in the boards discussions. Roll call on the motion: M. Diver, N. Sergi, R. Menser "no", A. Williamson "yes", Denied 3-1. . Mr. O'1Vlalley recommended the board address the variance from section (1165.02) next. Mrs. Sergi read aloud section 1165.02 does not allow any additions or enlargements to non- conforming buildings being altered, added to or enlarged unless the additions and original buildirigs are made to conform to the setbacks, yard coverage and height restrictions of the district; which it is within. The property can yield a reasonable return without the variance, the variances are substantial. The character of the neighborhood would not be altered. Governmental services would not be altered and the owner had knowledge of the zoning restrictions when the lot was purchased. Mrs. Diver felt that the predicament could be precluded if the addition was not as large. Mrs. Sergi would rather see the building closer to the rear of the site theri have it closer to the road. The owner must have variances to have an addition. The site has many restrictions due to the size and what is trying to be placed on the lot. Board members do riotect to improving the site but what is being proposed is beyond reasonable. Mrs. Diver reviewed that what parking there is blocks the services they are adding. Mr. Menser questioned if board.members would be open to a plan if the lot coverage was kept at 25% and Mrs. Sergi and-1VIr8. IDiver voiced they would like to see something which needed less variances. Mrs. Diver, ,v,oiced that the board had given enough time to the request and should move forward. Mrs:,Sergi moved, seconded by Mr. Menser, to approve (COMS07-0016): Clark Gas Station of 28925 Lorain Road their request for a variance from section (1165.02) as the addition does not comply with front or rear yard setback requirements, roll call; M. Diver, N. Sergi, R. Menser "no" and A. Williamson "yes" Denied 3-1. Mrs: `Sergi moved, seconded by Ms. Williamson, to approve (COMS07-0016): Clark Gas Station; of 28925 Lorain Road their request, which consists of signage and the following variances are granted: 1). A 13 foot variance for a ground sign to close to the side lot line (code requires 20', applicant shows 7'), section (1163.26 (b)). 2)., A"?Variance for ground sign in the 35 foot sight triangle (code does not permit, applicant sows.in:triangle), section (1163.17 (A)). Which:_is in violation of Ord. 90-125 sections (1163.17 (A)) and (1163.26 (b)), roll call; M. Diver, N. Sergi "no" and R. Menser, A. Williamson "yes" Denied 2-2. 7