12/06/2001 Minutes - Laserfiche WebLink

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r variance request number 5, for parking merchandise along Porter Road. Mr. Gareau indicated that when the building was first built there was not a setback requirement of 75-feet however today that is the setback requirement (75-feet from the right of way). Currently the rule is that you can not display merchandise within the setback requirement. However, with car dealerships the city tries to work with the owners, as the cars do need to be seen. Mr. Barry suggested that there was currently an easement in place at the Porter entrance. He believes that the easement was part of the proposed parking. He hired a surveyor to measure his parcel as well as the easement. He is concerned that his customers will not be able to park and backup if cars are parked along the Tune and Lube building. He is not concerned with the parking near the street but the easement area is a concern. Mr. Gareau questioned who granted the easement. Mr. Barry indicated that the easement was granted back in the 1940's. There was quite a bit of - discussion regarding what part of the parcel had an easement on it and who owned the easement. Mr. Gareau indicated that the city did not enforce easements, therefore if Mr. Barry felt that his easement was being infringed upon then it would be up to him to seek legal relief in court. Mr. Barry indicated that the proposed parking along the side of the building ends at his property line. He believes that the dealership will be parking cars across the easement, which is part of his property. Mr. Gareau reviewed what an easement is and how it may or may not effect the proposal. Mr. Maloney indicated that the board would address each variance requested one at a time. J. Konold motioned to grant Halleen KIA of 27726 Lorain Road their request for variance (112312), which consists of renovating three buildings and automobile parking and that the following variance be granted: 1) A 45-ft. variance for building front yaxd setback (I'orter), (code requires 75 ft., applicant shows 30 ft.). Which is in violation of Ord. 90-125 section (1139.07). The motion was seconded by T. Koberna and unanimously approved. Variance Granted T. Koberna motioned to grant Halleen KIA of 27726 Lorain Road their request for variance (1123.12), which consists of renovating three buildings and automobile parking and that the following variance be granted: 2). A 45 ft. va.riance for building front yard setback (Lorain), (code requires 75 ft., applicant shows 30 ft.). Which is in violation of Ord. 90-125 section (1139.07). The motion was seconded by J. Konold and unanimously approved. Variance Granted J. Maloney motioned to grant Halleen KIA of 27726 Lorain Road their request for variance (1123.12), which consists of renovating three buildings and automobile parking and that the following variance be granted: 3). A 63 ft. variance for parking display of inerchandise (Lorain), (code requires 75 ft., applicant shows 12 ft.). Which is in violation of Ord. 90-125 section (1139.07). Note: In the framing of the motion, Mr. Koberna asked Mr. Crareau to review the variance requested. Mr. Crareau reviewed a couple of the newer car dealer that have show pads in the front setback. Mr. Halleen suggested that at the Porter and Lorain Road corner no cars can be seen along Lorain. The motion was seconded by J. Konold, roll call on the motion; J. Maloney, J. Konold and T. Koberna; "Yes" Mr. T. Kelly, "No". Variance Granted J. Maloney motioned to grant Halleen KIA of 27726 Lorain Road their request for variance (1123.12), which consists of renovating three buildings and automobile parking and that the following variance be granted: 4). A 65 ft. variance for parking display of inerchandise (Dewey), (code requires 75 ft., applicant shows 10 ft.). This will include extending the proposed mounds along Dewey Road to be extended an additional 24-feet towards Lorain Road. Which is in violation of Ord. 90-125 section (1139.08). Note: In the framing of the motion, Mr. 7ordan questioned how many cars would be parked along Dewey Road as he does not want to look out his window at parked cars. Mr. Suhayda indicated that with a 6-foot high mound and boa.rd on board fence Mr. Jordan would not see the cars. Mr. Jordan indicated that the plans r,