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building department. Mr. Wilson indicated they are willing. However, if there are areas where they find they just cannot be compliant, he would like to be able to address that. Mr. O'Malley said he would like to be sure the board and the applicant understand that the Board of Zoning Appeals is focused on practical difficulties or a hardship standard as to whether or not they are entitled to a variance. An applicant needs to prove to the satisfaction of that board that it would be unreasonable to deny them their request. This Planning Commission's function is based upon different and softer standards more in line with the total development process and how the signage works in with the development plan with the assistance of the Architectural Review Board, design issues and things of that nature. It is a broader review and a more pliable standard. In theory the applicant may be able to satisfy this board that the signs are great yet they are unable to satisfy the Board of Zoning Appeals that strictly speaking, they are entitled to a variance. Mr. Wilson indicated he understands that. Mr. Rymarczyk suggested the applicant work with the building department and then go to the Architectural Review Board and come back to the Planning Commission. Mr. 0'Malley concurred and strongly encouraged the board to elicit the input of the Architectural Review Board before it gets to the end point with this Planning Commission. They make recommendations to you. R. Koeth made a motion to send the proposal for Chipotle Mexican Grill; Lorain Road PP# 235-27-001 to the Architectural Review Board with building samples. The proposal will return to the Planning Commission. It is further recommended that they enclose the dumpster with the same material as the building, which is brick, and that the lights conform to 18 feet. The board is considerate of the parking and lot coverage but the Board of Zoning Appeals will address that. The motion was seconded by W. Spalding and unanimously approved. Proposal sent to the Architectural Iteview Board and will return to the Planning Commission. Mr. Rymarczyk asked about the truck loading/unloading zone. Mr. Koeth said they will override that. He asked if it is along Lorain Rd. Mr. Wilson said they will probably bring the trucks to the back area so it will be along the shopping center and more out of view. The clerk announced the Architectural Review Board meeting will be on November 20"' and no further notices will be sent out. 6. Wendy's Old Fashioned Hamburgers: ClaPUe Road PP # 237-09-005: Proposal consists of construction of a new Wendy's building including landscaping and sign package. Note: Variances are required. Jolm Willse came forward on behalf of Wendy's. He indicated they are proposing the development of a Wendy's restaurant on the referenced parcel. The preliminary site plan, a site plan, expanded view site plan, and photometric plan have all been submitted. He said the proposal is of great concern to the residents and he hopes with the issues he will address and with the board's feedback, those concerns will be addressed, particularly with regard to traffic count. He will provide some insight into traffic as well as traffic counts on Clague Road from O.D.O.T. that they have analyzed. He can give input in terms of a typical Wendy's restaurant and what impact that will have in terms of traffic counts, hours of operation, times of day for peak business. They are contracting with Retail Today. They own the property and they own the other parcel fronting on Lorain Rd. They developed CVS. The current land owner has a land lease and owns the CVS property and leases that out to CVS. He believes it was April of 1999 when they did a lot split and this particular parcel has been vacant for about 3 years. They have tried to work within the existing confines of the parcel being mindful of traffic flows. It was important for them to try to create a site plan that works for traffic flows. It is as important for them that traffic flows well as it is to the safety issues of the city and the residents as well. It is in everybody's best interest if they are able to establish that. They feel the plan they submitted really maximizes the best possible scenario for traffic throughput. Their intent is to utilize the existing concrete apron that was created as part of the Clague Road widening project. That is at the southwestern corner of the property. He said there is a 20 foot access easement on the northwest corner accessing Clague Rd. as well, which will be a dual access between Wendy's and the CVS property. As part of their contract, they are establishing cross access easements through the CVS property both on the west side of the building as well as utilizing their exit only lane on the east side of CVS accessing Lorain Road. This is vital for them because it allows traffic to come out at a point that is further away from the intersection onto Lorain, and residents coming from the east can either come in through Lorain or turn and access off of Clague and not affect the traffic patterns on Clague if they are returning east by that access point. In addition, they are proposing along the rear portion of the property adequate landscaping. A plan was submitted but he has a revised plan. The architects put something together that he was not comfortable with so he added more materials. He added trees along the southeastern corner light pole. He proposed a 2 1/2 to 3 inch in diameter Bradford pear tree which will provide excellent screening. In addition to the covers that will be on each of the poles, they are at zero foot-candles at the lot lines to the east and to the south. They understand the importance of that. On 12