05/12/1998 Minutes - Laserfiche WebLink

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?o ? at the trees before any are removed, however it is not fair of the commission to require the developer to change the landscaping plan that has akeady been brought back several times. He noted the conunission refers things to architectural review board and relies on their input for guidance with landscaping, colors, etc. and it has never been this commissions position to overstep architectural review board. Mrs. O'Rourke stated this would still include saving as many trees as possible. Mr. Cerny advised in developing the site, substantial grading will be needed along that back 30 feet which will require the removal of trees along that thirty foot border. Mr. Brennan opened up cliscussion for audience participation, but no interest was expressed. T. Brennan moved to recommend approval of the Schirmer Construction project, 31350 Industrial Parkway, with the revised landscaping plan received May 11, 1998, which has been approved by the architectural review board chairman. The proposal will now be sent on to the B.Z.D. committee of council for final approval and it was noted a permit will be needed from the city forester for any tree removal. The motion was seconded by R. Koeth and unanimously approved. The clerk annou.nced the next B.Z.D. meeting has not yet been arranged, however the developer can contact the clerk of council at city hall to find out when the next meeting will be held. B) Dostal Funeral Services. 29369 Lorain Road: ' Proposal to determine that body preparatory (embalming) services determination of similar use, and permitted in General Retail Business district. Refenal to board of zoning appeals is required. Mr. Mazze, architect, presented the proposaL He noted according to the Planning and Zoning Code Mortuaries, crematoriums and funeral homes are permitted building uses (section 1139.01 (b-4-B). Mr. Mazze's intent was to prove that a body preparatory (embalming) service was like and similar to a Mortuaries, crematoriums, and fixneral homes. Building Commissioner Conway explained there is a service on the far west end of town which came to light when Sunset Memorial was proposing to have there facilities out there several years back, however that was long in existence before the code was changed in 1991. He noted this is before the commission because the code does not specifically say that a body preparatory (embalming) service is a permitted use, therefore it is up to this board to determine if it is a like and similar use. Mr. Koeth inquired as to the type of service provided in this type of facility. Mr. Mazze explained the Funeral Service will transport bodies to be prepared to this building. As there was not enough room to do it in the existing Funeral Service, this facility was necessary. Mr. Brennan noted Section 1139.01 (b-4-B) seams to indicate this would be a permitted use. Assistant Law Director Dubelko noted this would be part of the specified use, as most Mortuaries, Crematoriums, and Funeral Homes include embalming services, and this request is to have an embalming service as a primary use. Mr. Dubelko further advised under section 1123.10 of the Planning and Zoning Code there lists four factors that the commission should follow when making a determination on the use which include: (a) such use is not listed in any other classification of permitted buildings or uses; (b) such a use is more appropriate and conforms to the basic characteristics of the district in which it is to be located than in any other clistrict; (c) such a use does not create dangers to healthy and safety, and does not create offensive noise, vibration, dust, heat smoke, odor, glare or other objecrionable influences to an extent greater than normally resulting from other uses permitted in the same district; and (d) sueh a use does not create traffic to a greater extent than the other uses permitted in the same district. Mr. Dubelko noted it is clear with the first two factors that the use is not permitted elsewhere in the 2