11/12/2002 Minutes - Laserfiche WebLink

Home Browse Search

of record or has been presented, or if the neighboring property owners have addressed the issue of the use of this portion of driveway. The plan that is being presented shows additional parking spacing abutting the property line. Now that the building is gone, it is possible the driveway can be reconfigured so that the developer is dealing with traffic and driveway entrance and exit on his site as opposed to the traffic in the driveway of his neighbors. If there is a shared driveway situation that would need to be presented in the form of an easement, and what portion is on the neighbor's property or the applicant's land, needs to be addressed. As this plan is presented it seems as though the driveway is on the neighbor's land and the use of this site is consumed by the parking of cars. The Commission might inquire about the status of the easement, shared driveway or otherwise. Mr. Spalding said he does not see any indication as to the easement or the shared driveway on the plan the board received. Mr. Suhayda said the easement is 12 feet and is noted on the plan. The property line jogs 12 feet and then 35 feet. They reviewed the plans. 1VIr. Spalding pointed out they need to see a diagram before they can approve it. Mr. O'Malley said the engineer indicated to him that when a lot consolidation is formally presented, the lot consolidation will address all easements of record and if this applicant has an easement from his neighbor, he can certainly attach it to the lot consolidation application and present it. Mr. Farrell indicated they will do that. He said the situation is this, if that easement is on their property, the other owner is entitled to use that for egress and exiting his property. He has not been deprived of doing that because he is landlocked. He does not share a driveway with the applicant. The driveway is remaining in the same spot on Porter. This additional building that is on the corner of Porter and Lorain has access to his building and has parking available to it. He said nothing in the plans changed that. The easement is set forth in the titles of these parcels and that will be set forth in the consolidation. Mrs. HofF Smith asked why they took the building down. Mr. Farrell replied the applicant did not think they could utilize it in the fashion they had first hoped. They contacted the city about taking it down and get the necessary permit. The original plans did include storage space and they are just extending it. Mr. Koeth said they would also be displaying cars up front. Mr. Farrell said they displayed spaces in that area originally. Mr. Rymarczyk asked Mr. Koeth if they could require the applicant to have the grass area increased with the building gone now. He said they can leave the opening for the driveway for the easement. Mr. Farrell said he is not sure they have enough room to do that. Mr. Rymarczyk pointed out the applicant said they have room for the drive. They indicated they have 75 feet now. He suggested they close up 54 or 55 feet of it. Mr. Spalding said the easement is to the south so they would not be impinging on it. Mr. Rymarczyk said they could get landscaping in there and tear out the old apron. Mr. Farrell said it is a small area. He said they discussed the landscaping issue along Lorain Road and there is a lot of concern with maintaining green space there with respect to weather conditions in this area. The fact is it may look much worse because it is hard to maintain. Mr. Rymarczyk said the conditions are worse along Lorain as opposed to Porter because of the amount of traffic and salt. Mr. Farrell said they are talking about a very small area on Porter, perhaps 50 feet. Mr. Koeth said if they are going to use this area as a display, then they do not need the drive. 1VIr. Farrell said they need it. He indicated they are doing a lot of construction there and if the board is talking about putting a 55 foot or 45 foot piece of green space in there, he doubts that will be the wrench in the works but they will certainly comply. Mr. Spalding said he would like to see where the easement is. He would like it on another print. He wants to see the driveway and where it comes out on Porter. Mr. Koeth asked if all the lots are consolidated. Mr. Suhayda indicated that they are not. Mr. Koeth said that is the first thing they need to do. They need to show the easement. 1VIr. Farrell said they can certainly provide the documents that show there is an easement on that property. He said he does not know why that would have any bearing on what the commission does. Mr. Spalding said he wants to see where the driveway is. Mr. Koeth said they need better plans and want to see the whole plan in a better format. Mr. Farrell indicated his concern is they have provided the board all this information, they have removed the building, and they are putting cars in place of that building. It doesn't affect the driveway, it doesn't affect the easement, or anything else. Mr. Koeth pointed out they have made some changes and the board is just making recommendations to those changes. He added they will need photometrics on the light. Mr. Suhayda said they are on the plans and it indicates zero at Porter, around 1 across the property, and naturally brighter right below the pole. Mr. Spalding said the levels are high on the northern boundary. Mr. Suhayda said they are very high right under the pole then they drop right off. He said they are less than 1 foot candle out in the middle of the property. Mr. Spalding said he is speaking of the north side. Mr. Suhayda said to the north it is the other property and it will be zero. Mr. Spalding said that is what he is concerned about and it is not shown on the plans. Mr. Suhayda indicated they can show the zeros on the plan. Mr. Rymarczyk mentioned they will need a variance for the ground sign on Porter. The board can perhaps address the location but the Board of Zoning Appeals will make the determination. Mr. Koeth said they will need landscaping around the ground sign. He then called on audience members for questions or comments. Mr. Russell Beebe of Porter Rd. caxne forward to say he is concerned about the height of the fence. He would like to see an 8 foot wooden fence. He also said he is concerned about the lights. He does not want to have their lights shining in his house. He gets light shining in now because the building 6