09/06/2007 Minutes - Laserfiche WebLink

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NON-RESIDENTIAL APPEALS AND REQUESTS: 1. Randall House Properties; 4701-4763 Great Northern Blvd: (WRD #4) Applicant request notice of appeal from the Building Commissioners determination dated April 26;2007 ordering the south end installed bollards removed and to install curbing and grass area per original development plans, (per section (1123.07)). Note: Applicant request to be tabled 8/2/.OZ. Representatives: Rocco Puzzitiello the owner, Timothy Grendell the applicants Attorney, Mr. Zwick a Civil Engineer, Ms. Beth Priestas with Randal House Properties and Mr. Patton the Developer for Chick-Fil-A each came forward to be sworn in and address the case. Mr. Grendell wanted to assure the board that although they respect the building commissioner they respectfully disagree with his order to remove the bollards and install landscaping or curbing. The applicant wanted to address their request in two parts first being the suggested curbs or landscape area and the second the bollards themselves. The applicants presented plans they indicated they received earlier in the day from Mrs. Scarl in the building department which were dated 4/1/75 and approved plans dated 5/13/75. The applicants engineer pointed out that neither plans showed a landscape bed along the south property line which abuts the now Chick- Fil `A :restaurant. They just show asphalt and asphalt curbing. Mr. Zwick suggested that the restaurant's fence recently installed encroaches onto their property 1' to 1%z' which the building department should address. The Attorney suggested that in the past 32 years there was never a Tandscape bed along the south property line nor had there been any complaints. Mr. Zwick reviewed his "as built plan" dated and received 8-24-07 to the members and requested the plan be adopted by the board. Based on the applicant's documents they requested the landscape requirement be eliminated. Ms. P;riestas testified that she had a lease agreement between Randall house and the previous restaurant owner dated 1982 with an exhibit attached which showed bollards and allowed restaurant patrons to park on their lot. (Note: said document was not presented nor seen) The attom'ey believed the bollards were in the spirit and intent of the city zoning code as they were installed for safety. Photo boards were shown of sites throughout the city which have bollards. In Mr. Zwiclc's professional opinion the bollards should not be removed for safety reasons. The applicants felt the bollards were required for safety and the issue was a substance issue. Exhibit #3 was submitted which was an "as is site plan" which the applicants wanted the BZA to adopt. Applicants felt the restaurant was misleading customers/vehicles by installing pavement up to Raridall House property line and painting arrows to direct customers/vehicles onto private property. Applicants suggested no harm had been caused by the bollards and implied they had beeri in existence for more than 30 years. Applicant's attorney said the boards seven factors couldnot be used in review of their request but proceeded to address the seven factors. Mrs. Sergi 'questioned when the three additional bollards were installed. Ms. Priestas said they were installed in 2006. She said there used to be bollards there and when the new restaurant painted arrows directing traffic onto their site the bollards were installed to keep the traffic off their site. 1VIrs.'Diver noted that no plans submitted showed bollards ever being proposed or permitted nor was'perinission sought in 2006 to install the new bollards. Chick-Fil-A's representative reviewed that the arrows were always shown on their blue prints throughout the city approval process in 2005 & 2006 and the bollards on the neighboring site were not installed until they opened their restaurant. The fence which was suggested as encroaching the neighbor's property he would look into and would remedy if the fence is on the neighlior's property. The access point was shown on the approved plans, although there was 2