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R. Koeth made a motion to approve Daniel E. Margulies (Pepper Joe's Restaurant) of 24532 Lorain Road, will the <br />following recommendations: They are to replace the wood fence down below with a board on board fence. There <br />will be a right turn only onto Lorain Road on the exit sign. They will do the lot consolidation before they can <br />proceed. They will make sure there is curbing on the back parking with the exception of the area with the man hole. <br />The parking lot will be paved. The motion was seconded by K. O'Rourke. Roll call on the motion: K. 0'Rourke-yes, <br />C. Allan-yes, W. Spalding-yes, R. Koeth-yes and S. Hoff-Smith-no. Motion Carried. <br />Mr. Koeth indicated they will move on to the Architectural Review Board. Mrs. Kilbane announced that the <br />Architectural Review Board will meet on Wednesday, November 20`i' at 5:30 and no further notices will be sent out. <br />3. Halleen KIA; 27726 Lorain Road. <br />Proposal consists of approved plan returning due to the removal of the building fronting on Porter Road, new plan is <br />to use the area to store automobiles. <br />Note: Signage will require variances. Engineering Department requires all parcels to be consolidated. <br />Mr. Suhayda and Mr. Farrell came forward on behalf of Halleen. Mr. Suhayda said the project before the board is one <br />they have seen before. They received all the approvals over the last few years and in the meantime they have done the <br />engineering plan. They received all their permits and the project is under construction. He said what they have <br />tonight runs parallel with the project. The owner decided to take down one of the buildings that was originally shown <br />to remain. The building has been removed and in lieu of the building being on the site, they have car storage that was <br />added to the project. He said they are present tonight for the car storage, one light pole, and they added a sign and <br />some fencing. Those are the revisions to the Porter Road property. Mr. Koeth asked if they got prior approval from <br />the city engineer before making any changes. Mr. Farrell indicated they did get approval for the demolition of the <br />building. Mr. Rymarczyk confirmed that. Mr. Koeth mentioned the memo the board received from the engineering <br />depariment indicating there is a temporary driveway on to Dewey Road. The engineering department did not receive <br />any prior notification of its installation. There was no approval of the temporary driveway. Mr. Farrell said he is not <br />aware of an access road off of Dewey but if it would make sense with the amount of construction going on and the <br />need to continue with their business. Mr. Spalding said they would need a permit first to do that. Mr. Rymarczyk <br />said they would have to go through the engineering department. Mr. Farrell indicated he will take it up with the <br />contractor, Klesta Builders. Mr. Koeth asked Mr. Deichmann, the city engineer, if there was any type of submittal or <br />approval of the temporary drive. Mr. Deichmann indicated there was not. 1VIr. Farrell said it would be addressed first <br />thing in the morning. Mr. Koeth said he would have the trucks come in off of Porter Road until they do get the <br />approval. Mr. Farrell indicated he doesn't know if those vehicles can get if off of Porter but it will be addressed. Mr. <br />Spalding said it affects the board's concern about what the applicant has done in the past and what they will do in the <br />future. Mr. Farrell pointed out it is the contractor's job to handle the permits and they will look into it and get into <br />compliance. Mr. Koeth said they can have trucks come in off of Lorain until they get approval. They have to come in <br />off of Lorain or Porter and they can move stuff around to get through. Mr. Suhayda said the original plan had a <br />building located on Porter. The building was removed. They received previous approval for removing that building. <br />In place of the building they are placing 14 additional cars in storage and one light pole, a 250-watt metal halide, and <br />they are adding a fence along the northern property line. Mrs. O'Rourke asked if it will be paved. Mr. Suhayda <br />indicated it will be paved to match the paving on the whole parcel. Mrs. Hoff-Smith asked what kind of fencing they <br />will install. Mr. Suhayda said the fencing will match what they proposed before and what was approved. It is a 6 foot <br />high vinyl fence, which is the same as the one on Dewey. Mr. Spalding asked if it is residential property to the north <br />on Porter. Mr. Rymarczyk said he believes it is commercial. Mr. Farrell it was all discussed with the owner of that <br />property and he has no problem. Mrs. O'Rourke asked if the light pole reflects only to the parking lot. Mr. Suhayda <br />said yes, it has the same cut-off luminary as they are using on the other side of the property. It is a total of 12 feet. <br />Mrs. Hoff-Smith asked if all the lighting issues were addressed and if they are at zero foot-candles at all the lot lines. <br />Mr. Suhayda said yes, they are at zero on Porter and with the cut-off luminary they will be at zero on the north <br />property line. They are only 1 foot candle out in the middle of the lot. Mr. 0'Malley said he would like to point out <br />that when the matter came before the Board of Zoning Appeals, when the structure was still up, when they presented <br />themselves to the Board of Zoning Appeals and the Planning Commission, there were representations made as to that <br />building continuing to exist there. They proposed some parking spaces in front of and around that building as to how <br />that site was going to be used. In fact, they were granted variances by the Board of Zoning Appeals for the display of <br />vehicles within the setback from Porter. They intended to use those variances to display their cars on Porter as they <br />show on the plan. However, since those plans were presented and the approvals were granted, they now have a <br />changed condition. Before, with the building there, the plans showed some use of a driveway area as it currently <br />exists and a lot of the traffic would appear to be crossing the neighbor's property. He does not know if an easement is