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3. A 164.2 sq. ft. variance for additional sq. ft. of signage on a building; code permits 103 sq. ft., applicant shows 267.2 sq. ft., Section 1163.25(b). Motion failed 0-5. CMS11-23: Lucky Break Cafe; 26715 Brookpark Road Ext The proposal consists of an internet cafe. The following variances are requested: 1. A 263.5 foot variance for insufficient spacing. Code requires a minimum distance of 500 feet measured from the closest point of the building and parking lot of the business to the property line of any residentially zoned property, place of worship, public or private school, park, playground, library, or public building. Applicant shows lot 236.5 feet from residentially zoned property, Section 1139.01(d)(4)(A). See exhibit. 2. A variance for insufficient floor area. Code requires a minimum area of fifty (50) square feet per entertainment device in each room in which entertainment devices are located. Applicant shows less than 50 square feet per device, Section 1139.01(d)(4)(B). Note: rear hall and area outside restrooms are not considered part of the room. 3. A variance for insufficient parking. Code requires a minimum of one (1) parking space per every terminal, plus one (1) space per every full time employee. Applicant shows less, see table, Section 1139.01(d)(4)(D). Square Footage Large unit Large unit Existing development development parlcing 1161.05(w) min: 1161.05(w) max: spaces 5 er 1,000 sf 6 er 1,000 sf Cherandon No. 2 16,142 sf (plaza) 65 78 52 Luclcy Break Cafe 1,600 sf (cafe) 21 21 (-34) 86 99 * 80% of total floor area used to calculate parking requirement. Mr. Kanis and Mr. DiBenedetto were sworn in. Mr. Kanis said they are requesting three variances for their business. They first applied for their permits and licenses August of 2010 and they were not made aware of being out of code until after all the work was completed and inspections passed. It wasn't until they were about to receive their occupancy permit that they were told they needed to go before the boards and commissions. Code requires 50 sq ft of space per unit and they have been able to provide about 48 sq ft per unit. They are required to have 21 parking spaces and the lot has 52 parking spaces which are shared. There is also a variance required for being outside the zoning. The 253 foot distance to a residential lot is residential area which is wooded undeveloped property. Mr. DiBenedetto said his tenants have spent thousand of dollars to develop the suite and pulled the proper permits for all the work they did. He stated that his family has cross easements for parking throughout the plaza. Mr. Mitchell said the site needs a variance of 263.5 ft for distance from a residential lot. He noted that the residential area was undeveloped green space. The applicants need a total of 1,000 sq ft for the 20 units and have 991 sq ft of space which doesn't meet the 50 sq ft per device requirement. Parking for the tenant building has 52 existing spaces and 86 spaces are required therefore a variance for 34 parking spaces is required. Ms. Sergi asked if the building regardless if the applicant is in the space or not was short on parking and Mr. Mitchell said yes. Ms. Sergi asked the building departments stand on the request. Mr. Mitchell said the parcel/lot parking was alread.y non-conforming and the proposed tenant increases the non-conformance an