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Mrs. Elcstrand said they would lilce to have their lot be the same size as the lots around them and it is their hope that their neighbors will purchase portions of the remaining parcel B to make all parcels the same. Mrs. Donna Prince said she is concerned that someone would try to force an easement through her land to gain access to the lot on Oring. Mr. O'Malley said it would be the obligation of the land owners to construct Oring Road. Mr. Rerlco aslced if the city could sell the section of land they own to the parcel B owner and then that owner turn it into a private driveway. Mr. O'Malley said that was plausible. He felt it should be a condition of approval that the paper street Oring Drive provides technical access and in no way obligates the city to construct the street. IVIr. Lasko moved, seconded by 1VIr. Cotner, to approve the lot split and consolidation for CMS10-32: Carol Ekstrand of 4562 Lansing Drive. Newly created Parcel B, PP# 232-02- 002, will be 0.89 acre and Parcel A, PP# 232-02-057, will be 0.73 acre. Approval is contingent upon the following: 1. A new Mylar submitted showing the proper parcel numbers on parcel A& B. 2. Understanding that the paper street Oring Drive provides technical access but in no way obligates the city to construct the street. The motion was approved 6-0. CMS10-29: Recycle Zone; 28820 Lorain IZoad Representatives: William Ivancic, Vice President of B1ueStar; Ted Altfeld, President of B1ueStar; Michael Strolc, facility manager Ms. Wenger said the proposal consists of an amendment to the development plan consisting of extending the concrete driveway and constructing an enclosure for multiple large dumpsters. The proposal is in response to numerous property maintenance violations related to outside containers and storage of materials. The zoning code regulations pertaining to the use were reviewed. In particular, no such use may be closer than 200 feet from any residentially zoned property and all operations, storage and other business activities must be conducted completely indoors. The definition of recycling collection center was read as was Council's excerpts from the time of approval in 2008. The applicants state they have experienced such an increase in business that tlley are unable to contain all they receive within the building. Variances are required for violating the 200 foot setback from residential property and outdoor storage. Mr. Mitchell said violations were first noted in mid July and have continued through last weelc. Mr. DiFranco said the plans show a change to the detention pond therefore if approval is received a new detention design plan will have to be designed by a licensed engineer and a site survey conducted by a licensed surveyor. Mr. O'Malley said that there were currently issues pending before the Roclcy River Court for multiple property maintenance violations. He recommended the commission not allow the outdoor operations and uphold the code which requires all business be conducted indoors. The applicants appear before the Board of Zoning Appeals the following night and the commission's recommendation should be to deny the variances as expanding the business intrudes upon the residential district. Mr. Ivancic said in early July they started spealcing with a contractor as they realized they were overflowing and need more containers. Around that time they received the violation from the 2