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_ Tallon questioned what is an adequate distance from the fence to the maiiliole. City Engineer <br />? Deiclunaun advised the placemeut of a fence south of the man hole should not lunder access as the <br />city will enter from the north side. Mr. Deichmami explained the landscaping shovvu along the far <br />easteiu end, however, may hinder access to the ditch. Mr. Tallon suggested, eliminativ_g the last , <br />two bushes shown which he believed should allow au adequate distance of approximately 18 feet. <br />Mr. Deichmaun agreed this should be adequate. Mr. Tallon recommended removal of the row of <br />trees on the south corner of the eastern border, wluch includes the last two landscaped circles. In <br />addition Mr. Tallon advised the fence shall extend from where it is shown on the east side, and <br />extended dovvn to approxunately ten to fifteen feet east of the new man hole. Assistant Building <br />Commissioner Rymarczyk noted, by extending the fence tlus far it naay intrude on the front <br />setback requirements of the abutting corner lot property, thereby requiring variances. As the <br />abutting lot is a corner lot, Mr. Rymarczyk wondered if C. V. S. Pharmacy would have to request a <br />variance to intrude on the front setback of the abutting property. Assistant Law Director Dubelko <br />advised it would be considered a rear yard fence and variances would not be required. Mr. <br />Gareau requested that the comnaission state what their conclusion is with respect to the fence. <br />Mr. Tallon advised the fence will start where it is shown on the drawing at the last landscape tree <br />on the eastern border and will run all the way west approximately 10 to 15 feet from the manhole, <br />however this will be defened to the city traffic engineer to ensure adequate sight lines. As long as <br />tlus does not interfere with the sight lines aud the flow of traffic the fence can be extended as <br />uoted. Assistant Law Director Dubelko advised in speaking with City Engineer Deiclunaun, <br />regarding the ditch it is not clear on the record as to whether or not the city has an easement for <br />the ditch. He recommended as an additional condition of the approval that the developer, to the <br />extent that involves his properry and giving easement to the city, clear the record with respect to - <br />the rigbx of the city to enter on to the property and maintain the ditch in a form that is acceptable <br />to the engineering department and the law department. Mr. VVagner understood the request and <br />asked that this be a contingency, as he was pretty confident this could be accomnaodated, but he <br />would like to review that with legal counseL Mr. Tallon agreed to add to the motion this <br />contingency provision. . <br />R Tallon moved to first send the proposal to construct the C.V. S. Pharmacy, 23359 Lorain Road, <br />on to architectural review, board on February 18, 1998; secondly to incorporate any <br />recommendations of the architectural review board into this motion; thirdly the proposal will also <br />include the extension of the fence to approximately 10 to 15 feet from the new man hole on the <br />south western comer of the properry and the traffic engineer should be contacted to .make sure <br />that the sight lines for traffic coming in and out of both the residential driveway and the <br />commercial property are clear; fourth the lighting on the rear pole shown on the latest lighting <br />plan (received: Jan. 6, 1998), be reduced so that the southem lot line is at zero or near zero <br />photometrics; fifth the florescent type lighting on the future development pad is to be removed <br />until the new site is proposed; sixth the occupaucy permit for the new store will be held up until <br />the old building is tom down; and seventh the proposal is contingent upon the easement being <br />worked out in a form that is acceptable to the engineering department and the law department. <br />The motion was seconded by T. Brennan and unanimously approved.