02/07/2008 Minutes - Laserfiche WebLink

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adversely affected, or the health or safety of persons residing or working in the neighborhood be adversely affected. Would a public or private nuisance likely be created by noise, smoke, odors, fire, vibrations, objectionable lights or congestion of traffic or persons? Would traffic or safety hazards be created, or would the combination or accumulation of uses of the same nature in close proximity adversely affect the public peace; health, safety, morals, welfare or convenience, affecting neighboring property or create a nuisance. Would the proposed use comply with other provisions or standards specified within the code. Mrs. Sergi moved seconded by Mr. Menser to approve COMS07-0016: Clark Gas Station of 28925 Lorain Road a special permit to add to a non-conforming structure, a variance from the non-conforming use chapter 1165.02 for front and rear setback, a variance form chapter 1139.07 for front and rear setbacks and chapter 1139.05 for lot coverage, which was approved 3-2 Mrs. Sergi and Mrs. Diver voted no due to existing and future traffic concerns. Mrs. Sergi moved seconded by, Ms. Rudolph to grant COMS07-0016: Clark Gas Station of 28925 Lorain Road the following requests which pertain to the redevelopment of the site: A variance for 1 parking spaces, (code requires 5, applicant shows 4), section (1161.04 (b)). A 2 foot 6 inch side yard variance to parking, (code requires 10 ft applicant shows 7'6") section (1139.07), which was approved 3-2 Mrs. Diver and Mrs. Sergi voted no due to traffic issues. PetSmart; 26063 Great Northern Plaza: Ward 4 Request for variance (1123.12). The proposal consists of a new sign. The following variances are requested: 1. A 23.5 square foot variance for a wall sign larger than code allows (code permits 100 sq ft, applicant shows 123.5 sq ft). 2. A 2 foot 5 inch variance for a wall sign higher than code allows (code permits 4 ft, applicant shows 6 ft 5 inch). Which is in violation of Ord. 90-125 section (1163.27 (c)). Mr. Lee the applicants Attorney and Mr. Wolf with the Sign Company each came forward to be sworn in and address the board. Mr. Lee reviewed that they were before the City last year for approval of expanding their business and they have returned to address signage for the combined businesses. The new sign will have 3 foot tall PetSmart letters and 1 foot 3 inch high PetsHotel letters however the red dotted logo makes the PetSmart and PetsHotel stacked sign 6 feet 5 inches high. He noted that the new doubled stacked sign is actually smaller than the current PetSmart sign on the building. The standard sign used was altered in size and the number of signs was reduced for the location to one double stacked sign in lieu of the 5 previous wall signs on the building. Without the PetsHotel sign he did not believe his clients could adequately run their new business. He noted that if the stores were not combined they would each be allowed a 4 foot tall 100 square foot wall sign. Governmental services would not be altered and they do not believe the request is substantial. City code limits signage to 100 square.feet which they exceed by 23.5 square feet. The predicament can not be eliminated as the PetHotel needs a sign. They feel the spirit and intent of the code would be upheld granting the variances. Mrs. Sergi questioned the size of the existing wall sign in comparison to the new sign. Mr. Wolf reviewed the signs sizes and the difference between the old and new sign. There would be no adverse impact to neighboring sites as the new sign is smaller than what is currently in place. The owner was not familiar with the current zoning code requirements as they are fairly new. 4