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wr .' <br />BOAIZD OF ZONII\TG APPEALS <br />CITY OF NOR'TH OLMSTED <br />MEETING MINUTES OF JANUARY 7, 2010 <br />ROLL CALL <br />Mrs. Diver called the meeting to order at 7:35 p.m. in Council Chambers. <br />Present: Maureen Diver, Nancy Sergi, Jennifer Rudolph, Laura Bellido, Alfredo Lopez <br />Staff: Law Director Michael Gareau Jr., Planning Director Kimberly Wenger, Building <br />Commissioner Dale Mitchell, Clerk of Commissions Donna Rote <br />REVIEW AND CORRECTION OF MINUTES <br />Ms. Rudolph moved, seconded by Mr. Lopez, to adopt the December 3, 2009 minutes as <br />written which was unanimously approved 5-0. <br />RESIDENTIAL APPEALS AIrTI) REQUESTS <br />Walters Advanced I)entistrv; 4780 Clague Road: <br />The proposal consists of modifying the conditions of the previously approved use variance to <br />include offering ancillary cosmetic services and modifying hours of operation. <br />Mr. Gareau said the agenda shows the board is being asked to amend a previously approved use <br />variance to include ancillary cosmetic services. However he received documentation that <br />pertains to the standard practices of the dental industry set by the Ohio State Dental Board and <br />the documents clearly show that ancillary cosmetic services are standard procedures offered <br />within the dental industry. Therefore the service Dr. Walters' dental practice offers does not <br />modify the use variance granted so that issue does not need to be addressed. The modification <br />requested to the hours of business may be based upon a change in circumstances since the <br />original use variance was granted. The board is asked to determine whether or not there has been <br />a change in circumstances such that it would justify the change in the hours of operation. There <br />are no set criteria for reviewing a change in circumstances; if the board feels the applicant has <br />met his burden then it is within the board's purview to modify or grant the request. <br />Dr. Walters was sworn in and said the use variance approved included limiting the facility to <br />being open weekdays unless there were emergencies. However they need to be more flexible for <br />their clients and provide their services Monday through Saturday to ensure they remain <br />competitive in the dental industry. Current office hours are Monday through Friday 8:00 am to <br />6:00 pm unless there's an emergency and one day a week either Monday or Friday is staff only. <br />His clients have asked for Saturday appointments which at this time he can not accommodate. <br />Ms. Rudolph questioned the anticipated traffic flow for Saturday hours and Dr. Walters said <br />there would only be an additiona125 to 30 vehicles at the site. Mrs. Sergi said the Saturday <br />restriction was enacted due to resident concerns that increased traffic would endanger children in <br />the area. Dr. Walters said foot traffic was very limited along the front of the officq as there is a <br />sidewalk from Wellington Place to Brookpark Road which is mainly used.