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Note: Previously heard by Board of Zoning Appeals November 1999. Which is in violation of Ord. 90-125 sections (1118.02), (1161.02), (1149.02), (1149.03), and (1149.09). Chairman Maloney called all interested parties forward to review the request. Mr. Lydon, came forward to be sworn in and address the request. Mr. Maloney briefly reviewed what was approved the first time Fairview Corporate Center was before the board. The proposal was before the board in 1999 and the request is basically the same. The parking lot in North Olmsted will be parking and the three buildings will be in Fairview Park. The variances that were granted are no longer valid, as it has been longer than 1 year. Mr. Lydon reviewed the changes between the old plans and the new plans. There will now be three (3) buildings instead of one (1) and the water retention will be in Fairview Park, not North Olmsted. Mr. Maloney read allowed the foresters report, the forester believes that most of the trees outside of the building and parking areas should be saved. He believes this would be a perfect opportunity to protect a natural area, trees and wild life. The existing woods also provide a sound barrier for the residents against I-480 highway. Mr. Maloney reminded the applicant that the Planning Commission recommended he follow the foresters' report. The clerk gave Mr. Lydon a copy of the foresters' report. Mr. Lydon reviewed the report and indicted that he would follow, the recommendations. Mr. O'Malley questioned if the North Olmsted site would be developed any further later. Mr. Lydon indicated that due to deed restrictions placed on the land, the land could never be developed. Mr. O'Malley questioned the plan to remove the dirt from Fairview Park site and placing it on the North Olmsted site. Mr. Lydon indicated that they will follow the foresters' report and whatever topsoil is leftover they will displace off site. Mr. O'Malley recommended that the Board of Zoning Appeals impose the same conditions the Planning Commission did. The Planning Commission recommended following the foresters' recommendations, deed restrictions and a sidewalk be added. Mr. O'Malley highlighted that the applicant will be unable to mound as much dirt as was first suggested. J. Maloney motioned to grant Fairview Corporate Center; NE Corner Brookpark & Clague their request for variance (1.123.12), which consists of a parking lot and that the following variances are granted as amended: 1..A variance for office parking in a multi-residence district (code does not permit), section (1118.02). 2. A variance for constructing a parking lot without a structure (code requires one, applicant shows none), section (1161.02). 3. A variance for not meeting minimum of ten acres (code requires 10 acres, applicant shows 2.26 acres), section (1149.02). 4. A use variance for parking is not a permitted use and there is no main use designated within the city limits, section (1149.03). 5. A:variance for not having a 25 foot buffer between the parking and the boundary line of the development area, section (1149.09) Which is in violation of Ord. 90-125 sections (1118.02), (1161.02), (1149.02), (1149.03), and (1149.09). The motion is to include the Planning Commission recommendations, follow the foresters' recommendations and add sidewalks. The motion was seconded by T. Kelly and unanimously approved. Variances Granted. 17. True North Energy (Shell Gasoline Service Station)- 25199 Lorain Rd.: (WRI)-41 Request for variance (1123.12). The proposal consists of new signs. The following variances are requested: A 3 sign variance for multiple signs on a building (code permits 2, applicant shows 5), section (1163.27 (a)). 14