03/26/2007 Minutes - Laserfiche WebLink

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during shift changes and this will just increase the problem. Chapter 1123.12 goveming appeal conditions was read aloud as he felt that allowing the dental office would create hardships for the abutting neighbors. Traffic is a major problem and granting the variance would be contrary to the purpose and intent of the zoning codes. Chapter 1137.02 Permitted Uses was read aloud and he did not believe tearing down a residential home to construct a dental office was taken into consideration when the provisions of the codes were being written. He respectfully requests the proposed dental office be located somewhere other than the proposed location. Mr. Conway reported that the lot is multi family and the matter before the board is the use variance being requested. The area variances listed do not relate to the use as it is being proposed. If the Use Variance is granted, the applicant will have to return to address signage and possibly area variances. However the board can establish criteria of their own as the current zoning is not related to the proposed use. Mr. O'Malley reviewed the boards roll in reviewing the Use Variance requested. He advised that the Councilman's reference to chapter 1123.10 was not applicable to the request. However his concern for the impact of the neighborhood which was noted is relevant to the request. Chapter 1123.12 governs the applicant's request and the board was encouraged to refer to the chapters requirements when deliberating. He encouraged the board to address area variances at another time. Mr. Burlce voiced that the applicant has the burden of proof to demonstrate their hardship of the three factors. Mrs. Sergi asked for clarification of whether or not the doctor owned the lot and if he did if he could construct a new home and run a dental practice from his home with one employee under the current zoning. Dr. Walters suggested he spoke to neighbors and Wellington Place regarding his development and he felt that the neighbors were in favor of his request. The request is an improvement to the site and will be the least intrusive impact to the neighborhood. The area is a main entrance into North Olmsted and his project will be a welcoming site to North Olmsted. Mr.. Sampat suggested that the ?-' proposed design and placement of the building is to ensure the character of the neighborhood would not be adversely impacted. The abutting road is a highway with the majority of the buildings on Brookpark Road being mainly General Retail i.e. the North Olmsted Mall, Wal Mart and Target development. The easement for their driveway will ensure traffic will not be an issue. ? Mrs. Sergi voiced she believed the dental office would fit the lot but concerned for what the site could be used for in the future. Mr. O'Malley advised the board that it was within their right to place restrictions for the current use in their motion. Mrs. Sergi felt that the location was not out of line with the proposed use. Measures are being taken to ensure traffic does not impact the area. The office is only open 4 days a week during normal office hours ensuring traffic, noise and shift changes would be eliminated. Mr. Conway advised that the board could place conditions on the use variance to ensure future use is limited. Mrs. Diver felt the proposed use was the most practical for the lot shape, size and location. The use would not be detrimental to the neighborhood. Existing traffic patterns and flow would not be affected as the use is limited to two Doctors. The site design looks to keep with the character of the neighborhood and did not believe that the use would be detrimental to the area. Mr. Menser did not believe there would be any r??fre-issu??ea?rse-d-by-the-derit-a4-o€fic-e-It woukd-bg--?n?ttr-acti???d.di?ic?r?anr3 ?n st 1P with the existing facility next door. Mr. Burke felt that the best use is to continue using the lot as multi family residence. It is the applicant's burden to show a113 factors of a hardship which he does not believe the applicants have done. Board members discussed conditions to place in motion. J. Burke moved to grant Walters Advanced Dentistry of 4780 Clague Road their request for a Use Variance (section: 1123.12), which consists of demolishing existing home & ?-- constructing a new Dental office with the following conditions: 1). Proposed easement from Wellington Place for ingress and egress to their existing drive is to be submittecl to City Law 6