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<br />PLANNING & DESIGN COMMISSION <br />CITY OF NORTH OLMSTED <br />MINU'I'ES FOR NOVEIVIBER 9, 2011 <br />ROLL CALL <br />Ms. Meredith called the meeting to order at 7:00 p.m. in Council Chambers and led the Pledge of <br />Allegiance. <br />Present: Melissa Meredith, Greg Malone, Don Rerko, Jeffrey Peepers, Ralph Bohlmann, Mark <br />Mahoney <br />Absent: Robert Parry <br />Staff: Planning & Development Director Kimberly Wenger, Assistant Law Director Bryan <br />O'Malley, City Engineer Petro DiFranco, Clerk of Commissions Donna Rote <br />REVIEW AND CORRECTION OF MIIVUTES <br />Ms. Meredith moved, seconded by Mr. Malone, to approve the Planning and Design <br />Commission minutes of October 26, 2011, which passed 4-0. Mr. Bohlmann and Mr. <br />Mahoney abstained. <br />NEW BUSINESS <br />CMS11-23; Luckv Break Cafe; 26715 Brookpark Road Ext <br />Representative: George Kanis, owner <br />Ms. Wenger said the proposal is a conditional use permit for an internet cafe. Entertainment <br />devices are a conditional use in the general retail business district which the lot is zoned. In <br />addition to Chapter 1118 conditional use standards, Chapter 1139 general retail district standards <br />are also to be followed which she reviewed. A license application was submitted to the Safety <br />Department and was issued. The plan shows 20 machines and appears to meet floor area <br />requirements. However in reviewing the application and parcel map involved it appears the <br />parcel is within the required 500 foot setback area. Upon closer review of the parcel map and <br />zoning map it was found only a small section of the southeast corner of the parcel is within the <br />allowable area. The building and parking lot are not within the allowable area. There are <br />parking concerns as the applicant states there are parking rights across the street through existing <br />parking easements. The building department conducted a review of the site today to calculate <br />parking required and what is available. It was discovered today that variances are required and <br />the applicants were just notified. She recommended the commission have a general discussion <br />but allow the applicant additional time to return and be prepared to discuss variances. <br />Mr. O'Malley said in 2010 the City passed two pieces of legislation pertaining to internet cafes, a <br />licensing requirement in the business regulations and zoning requirements in the planning and <br />zoning code. The engineering department created a map showing those areas in which such <br />businesses could be located. He advised the commission to allow the applicant the opportunity <br />to be tabled and return better prepared. He briefly reviewed state legislation which is currently <br />pending pertaining to sweepstakes terminals.