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and the commissioners said that items stored in the enclosure could not exceed being staclced 9 foot height. Mr. Rerlco suggested moving the recycling center to the west side of the loading dock and moving the southeast parlcing spaces to the proposed recycling area which eliminates the 33 foot variance for recycle enclosure. The 10 foot variance for the south east parlcing setbaclc will be eliminated as the parking will be moved. It was noted that the sidewallcs along the front of the building will be increased. The commission recommended looking at possibly eliminating two variance requests if possible. Mr. Lasko moved, seconded by Mr. Malone, to recommend the Board of Zoning Appeals grant CMS10-26: Wal-Mart of 24801 Brookpark Road: 1. A special permit to add to a non-conforming building; Section 1123.11. 2. A variance from Section 1165.02 as existing building is a nonconforming and addition does not comply with all setback, yard coverage and height requirements; Section 1165.02(b). The rationale is for reasons discussed and the economic impact to the community would be 1n asset. The adverse impact to the community not granting the required variances would prevent the applicant and preclude them from being able to take advantage of a viable and practical business purpose which is needed in the community. Motion approved 5-0. Mr. Lasko moved, seconded by Mr. Bohlmann, to recommend the Board of Zoning Appeals grant CMS10-26: Wal-Mart of 24801 Brookpark Road 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. The additional variance requested will have no further impact on abutting owners due to the additional landscaping being provided. Motion approved 5-0. Mr. Lasko moved, seconded by Mr. Rerko, to recommend the Board of Zoning Appeals grant CMS10-26: Wal-Mart of 24801 Brookpark Road 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), due to the fact the need of the variance stems from a previous lot split which took place after the building was constructed. Motion approved 5-0. Mi•. Laslco moved, seconded by Mr. Bohlmann, to recommend the Board of Zoning Appeals grant CMS10-26: Wal-Mart of 24801 Brookpark Road a 20 foot variance 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). The recommendation is relevant to the overall enhancement of additional green space which will create a positive impact to abutting properties to the east. Motion approved 5-0. Mr. Lasko moved, seconded by Mrs. Meredith, to recommend the Board of Zoning Appeals grant CMS10-26: Wal-Mart of 24801 Brookpark Road a 9.76 foot variance for a retaining wall and parking in landscape setback (north main lot); code requires 25 feet, applicant shows 15.24 feet, Section 1149.04(c). There will be no visual change to the community from the street and will in fact be an improvement of the area. Motion approved 5-0. 4