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PLANNING & DESIGN COMMISSION CITY OF NORTH OI.MS'I'ED MINUTES OF NOVEMBER 21, 2011 ROLL CALL Mr. Malone called the meeting to order at 7:00 p.m. in Council Chambers and led the Pledge of Allegiance. Present: Greg Malone, Don Rerko, Jeffrey Peepers, Ralph Bohlmann, Robert Parry Absent: Melissa Meredith, Mark Mahoney Staff: Planning & Development Director Kimberly Wenger, Assistant Law Director Bryan O'Malley, Building Commissioner Dale Mitchell, Clerk of Commissions Donna Rote REVIEW AND CORRECTION OF MINiJTES Mr. Rea-ko moved, seconded by Mr. Bohlmann, to approve the Planning and Design Coinmission minutes of November 9, 2011 which passed 4-0 Mr. Party abstained. OLD BUSINESS CMS11-23; Luckv Break Cafe; 26715 Brookpark Road Ext Proposal consists of a conditional use permit. PDC tabled 11/9/11 Ms. Wenger said the proposal is a conditional use in the general retail business district which is governed by chapter 1118 conditional uses and 1139 of the zoning code. In viewing documents submitted since the applicants last meeting it was determined a number of variances are required, including spacing between the use and residential zoned property, insufficient floor area and parking. The applicants will need to state how they are calculating their parking so the write-up can be properly written. Mr. O'Malley said the Kiddie Kollege across the street is not considered a school and is more similar to a day care. The city addressed internet cafes under two separate ordinances which he reviewed for the board. Mr. Malone questioned how the parking issue should be addressed and Mr. O'Malley said it was not uncommon for strip-centers to have cross access easements for parking which this center may have, however the applicant needs to state which calculation they intend to used for parking. Mr. Rerko questioned the 50 sq ft per device requirement and Mr. O'Malley said he believed the 50 sq ft was to ensure such uses would not be overcrowded. Mr. Kanis said since they first tried to open their business in North Olmsted they have attempted to followed all requirements including acquiring all their license and building permits. They were about to open for business when their occupancy permit was denied and wasn't informed variances were required until the last meeting. They will not use the parking across the street in their tabulations and their intent is to seelc any variances required. Mr. Malone read a letter from Melissa Meredith expressing questions/concerns she had pertaining to the project (see email attached). Mr. Bohlmann believed that the existing establishments surrounding the daycare which serve alcohol were more of a concern then the proposed use. The law department has