10/04/2001 Minutes - Laserfiche WebLink

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W. Kremzar motioned to grant Kronheim's Furniture (Expansion) of 5198 Great Northern Plaza- South their request for variance (1123.12), which consists of expanding the existing structure by 7,250 square feet and that the following variances be granted: 1) A 25 ft. variance for front setback (code requires 75 ft., applicant shows 50 ft.), section (1139.07). 2) A 2.2% variance for lot coverage (code permits 25%, applicant shows 27.2%), section (1139.05). 3) A 30 space variance for total parking (B.Z.A. requires 2,938 spaces, applicant shows 2,878 spaces), section (1161.05) as modified by B.Z.A. Which is in violation of Ord. 90-125 section, 1139.07, 1139.05, and 1161.05. The motion was seconded by J. Konold and unanimously approved. Granted 10-4-01 13. Halleen KIAparcels 9232-10-025 232-10-024 and 232-10-023. Request for "use" variance (1123.12) to allow parking/storage of vehicles for a car dealership on residentially zoned land, which is in violation of Ord. 90-125 section 1135.01. Chairman Maloney called all interested parties forward to review their request. Mr. Glavinos, an Attorney for KIA, Mr. Halleen and the following neighbors each came forward to be sworn in and review the request. Mr. Corell, Mr. Pacsuta, Mrs. Margaret Smith, Ms. Christine Smith Downy and Ms. Schimelpfening. Mr. Maloney informed the applicant that his proposal, whi ch was granted variances in 2000, had expired. The board will only address the two parcels in question tonight. Mr. Gareau announced that he wanted to clarify what a use variance was for the board members as well as the audience members. In accordance with the Zoning Code for the City of North Olmsted and Ohio law use variances can be granted. This board has mainly dealt with area variances not use variances. The board needs to look at the following criteria to determine if conditions are met under all tlu-ee circumstances. 1. (Hardship) is there a hardship due to the size shape or topography of the land that is not shared by other properties in the area. It is the uniqueness of the property that causes the hardship. 2. (Within the spirit of the zoning code) are the lots capable of being developed i.e. for single family homes considering where they are located. 3. (Not granting variance denies constitutional right of owner to use his property). The board needs to keep each of these issues in inind when reviewing this request. Mr. Konold questioned if last years proposal was part of tonight's meeting. Mr. Gareau "No" tonight's meeting has nothing to do with that: However, do the owners plan on using the existing buildings or will they make the architectural changes to blend the site into the neighborhood as they proposed in 2000. Will this only be used for parking cars on the two lots? Mr. Glavinos indicated that KIA needs parking area for the dealership. The two lots in question will never be developed. On lot 25 there is a drive that is used as a cut through to Porter road. They will be placing a buffer around the two lots in question. There wi11 be a 6-foot high mound by 15 feet wide down Dewey Road with trees planted atop the mound. To the rear line there will be a 6.5-foot high by 20-foot wide with trees atop the mounds. The reason his client is trying to make these improvements is to help him conduct his business. Mr. Konold questioned how many cars would be parked on the two parcels. Mr. Glavinos indicated that they would only park what the code would allow as well as the lighting that will be needed. Mr. Conway commented that City code indicates thaf if an owner is going to develop a commercial parcel it first has to be viewed by the Planning Commission and they would make a recommendation to the Board of Zoning Appeals. There was no proposal for development or improvements of these two lots. The proposal was strictly for a use variance that is why it was sent directly to the Board of Zoning Appeals. He questioned how appropriate it was for the board to be looking at landscaping, lighting and what the lots may be used for. If that is the case before this board tonight then the applicant first needs to go to the Planning Commission. Mr. Maloney explained that one of the board members questioned how many cars would be stored on the lot. Mr. Conway indicated that the Use Variance is for the storage of vehicles (parking lot) only. 8