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expanded. Additional green space is being added to the site including along the baclc side of the building. The special permit and a variance from section 1165.13 are due to existing conditions. The new addition will not alter the building setback however due to the shape of the lot a 1.78 foot variance is needed for the existing building setbaclc. The 9.76 foot variance is for the north parlcing spaces which will be added along Broolcparlc Road by cutting into the existing mound. There will be 46 parlcing spaces along the Broolcpark Road mound and additional landscaping. The 5.18 and 5.51 foot variances are needed for existing conditions which were not addressed previously. The 16.37 foot variance is also an existing condition which was created when the building was constructed. Mr. Orlowski is against the 9.76 foot variance along Broolcparlc Road; if the mound is cut into it will damage the existing trees as half the mound is being reinoved. He suggested landbanlcing the required 46 parking spaces. Mr. Mitchell noted parking along Broolcparlc Road will not affect visibility and additional landscaping will be added. The north retaining wall will be the same height as the mound is today. He briefly explained the 1.87 foot variance needed which is an existing condition. Signs on the entrance canopies are not considered signs therefore they do not require variances for signage. The number of parking spaces being added and removed was briefly discussed. Mr. Orlowski felt applicants were creating their own hardship for parking spaces. Ms. Wenger explained the parlcing ratio which has changed since the building was first constructed. She feels the parlcing spaces along Broolcparlc Road are needed and will not adversely affect the existing buffering from the right of way. Many of the variances are items which were not previously address when the building was first constructed. The majority of members had no objections to the request. 1VIs. Rudolph moved, seconded by Mr. Lopez, to grant CMS10-26: Wal-Mart of 24801 Brookpark Road the following variances; • A 9.76 foot variance for retaining wall and parking in landscape setback (north main lot); code requires 25 feet, applicant shows 15.24 feet, Section 1149.04(c). Roll call: Lopez, Bellido, Sergi, Rudolph - yes; Diver -no; motion approved 4-1. Ms. Rudolph movecl, seconded by Mr. Lopez, to grant CMS10-26: Wal-Mart of 24801 Brookpark ltoad the following variances; • A special permit to add to a non-conforming building; Section 1123.11. • A variance from Section 1165.02 as existing building is a nonconforrning and addition does not comply witli all setback, yard coverage and height requirements; Section 1165.02(b). s A 1.87 foot variance for building setback (east); code requires 100 feet, applicant shows 58.13 feet, Section 1149.04(c). Note: BZA previously granted 40-foot variance to allow building at 60 feet from east property line. • A 54.73 to 57.33 foot variance for building setback (south); code requires 100 feet, applicant shows 45.23 to 42.67 feet, Section 1149.04(c). • A 20 foot varianee for retaining wall and access drive in required landscape setback; code requires 50 feet where abutting residence district, applicant shows 30 feet, Section 1149.04(d). • A 5.18 foot variance for parking in landscape setback (south rnain lot); code requires 25 feet, applicant shows 19.82 feet, Section 1149.04(c).