07/27/1999 Minutes - Laserfiche WebLink

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v something currently in place, which is the Property Maintenance Code it doesn't distinguish between residential and commercial, both have to comply with the code. The exterior of the existing buildings are not dilapidated or in need of repairs. Mr. Brennan and Mrs. O'Rourke indicated that they disagreed with Councilman Gareau as to whether or not they were dilapidated and in need of repairs as they had been in the buildings. Councilman Gareau reviewed that the code only addresses the exterior of the buildings. Mr. Brennan suggested that there was more than enough property for the owner to work with now without rezoning, there are buildings that are out dated eye sores and as Councilman Gareau had pointed out one of the buildings is on a parcel that is not entirely zoned commercial. That should be rectified by tearing the buildings down. He believed this was a case of an owner that wants to have his cake and eat it too. Mr. Brennan agreed that the zoning line was awkward, but it was put there to protect the residents that abut the commercial property, and some of those residents have been there longer than the zoning line has existed. Countilman Gareau indicated that he didn't thinlc it should be suggested that the owner should have to tear down buildings as a means of further development. The owner currently has 3 viable structures, which are occupied, and being used, although they are not the most esthetically pleasing buildings. He suggested that if Councilman Limpert was present he would be able to identify each of the buildings past. Councilman, Gareau indicated that he understood the boards concerns, but if the standards were whether or not everybody would be pleased he doesn't think any rezoning would take place for any. situation. He commented that the City can only try to do the best it can under the circumstances to further the interest of the City, which is what he is trying to do. Some residents will agree some will disagree but if the Plaiuung Commission doesn't think it can use this opportunity as a standard to work on the West Side of town so be it. It is a new way of thinking for this corner, and he completely understands the boards concerns. There are two residential lots that are there and haven't been developed up till now and he doesn't Irnow if they could be developed for residential use. Councilman, Gareau suggested he wasn't sure that a developer would be willing to come in and build a house right next to an A&K tire center as well as a car dealership. He suggested that with today's homes averaging $200,000 dollars, to build a home on either of the lots would not be economical. It is also not economical for the propei-ty to remain residential just to be used as a buffer. He doesn't think that the lots should remain residential when they don't have a viable use as residential property. Mr. Spalding reiterated that the residents have made numerous complaints regarding the property owned by Mr. Halleen not being properly maintained and Mr. Halleen not following through on promises that he had made to the residents. He further indicated that the board was going to be reviewing the Master Plan in the near firture and felt that if this ordinance was to be considered it should be brought up at that time. It should not come in as a separate piece of legislation now. Mr. Koeth commented that the reason the Plamiing Commission was established was to watch over and deternune wtiatever clevelopment takes place is done in the best interest of the residents. When any issue is brought before this board with as many concerned residents as this issue has the Commission as well as Council has to talce into consideration the concerns the residents have. Granted the City might have made some mistakes on the eastern side of North Olmsted, but he doesn't think the City wants to see the same thing happen again. It is up to this board as well as the Board of Zoning and Development to malce sure any proposal that comes before their board is in the best interest of the residents living in North Olmsted. He feels if the lots in question are rezoned it would go against everything the residents in that area have been voicing their opinions against. It is not in the best interests of the residents to allow Mr. Halleen take more lots from them, it would not only upset residents on Dewey Road but some of the Commissioners that sit on this board. Mr. Dubelko commented that he felt this legislation was not spot rezoning. For example it would be considered spot zoning if a conflicting use was placed in the middle of a residential district. This proposal has some residential boarding the sides and retail on the other side, it is more on the fringe of retail than residential. Spot Zoning is a concept that courts use to strike down Zoning decisions that the court believes are unreasonable, because it is just so out of line with what surrounds the property. He doesn't think any reasonable court would consider this spot zoning. This doesn't mean that this is something the Commission should rezone, he would not recommend the Commission rest their decision 7