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•o .:n operation would be. Mr. Berg suggested that he would be willing to work with the neighbors when setting the hours of operation. He would be willing to have it open 7-days a week with operating hours of 7:00 a.m. to 11:00 p.m. Law Department comments: Mr. O'Malley reviewed that Mr. Slegter presented an accurate introduction to the subject before the board. Historically matters requiring variances would go straight to the Board of Zoning Appeals to seek variances. Past history allowed an applicant to go around Planning Commission to acquire variances from the Board of Zoning Appeals and then return to Planning Commission precluding the review of planning issues. However, whenever there is going to be a proposal for a building, the first step is the Planning Commission. Which is a sounding board making a recommendation whether to City Council or in this instance to the Board of Zoning Appeals. The Planning Commission is not the final administrating body this property is not zoned for this use. The options of the property owners are to petition City Council to rezone the property to a permitted use or apply to go before the Board of Zoning Appeals for a use variance. The applicant has chosen to petition the Board of Zoning Appeals for a use variance. When the applicant goes before the Board of Zoning Appeals it will function in a quasi judicial capacity, it will be much like a miniature trial. The applicant has a very high burden of proof to demonstrate why his property should not be utilized within the confines of the zoning code. Mr. O'Malley read allowed chapter 1123.12 of the zoning code to help Planning Commission understand what the Board of Zoning Appeals will be taking into consideration. Mr. Slegter suggested that the applicants choose the car wash because they live in the area and they want to design the car wash to have the least amount of adverse impact on the area. This lot is on the corner of Brookpark and Clague Roads, uniquely shaped and there has been no interest for any type of residential use of the property. The real-estate broker is present to confirm there is no interest for residential use. They would like Planning Commission to recommend ways they can reduce any adverse impacts that this use may cause. The applicants presented photos of neighboring properties for the board to view. Further comments from Board members: Mr. Lasko reviewed that traveling west from Wal-Mart on the south side of the road to this site there is no other commercial property along Broolcpark Road. Mr. Conway felt the site was closer to Clauge and Lorain relating to retail use then to Wal-Mart. Ndr. Bozeman the real-estate broker reviewed that he has been in real estate for 20 plus years and for a year he has tried to market this property. In the past year and a half the only inquires has been 75% for car washes and the other 25% was for a church. The destiny of this lot in his mind is a car wash or a church. Residents comments: Councilman 1VIcKay came forward and voiced that he hoped the commissioners had time to review the letter he submitted reviewing the disadvantages of allowing a car wash on the lot. He agrees with the statements in the letter. He reviewed that the average land use within every City of the iJnited States averages ten thousand square feet of retail use. North Olmsted has an average of forty thousand square feet of retail excluding parcel - E that is soon to be developed. The applicants want to take a residential use and turn it into a retail use. The average homeowner purchasing a home does not want to purchase a home next to a business. Allowing this use on this parcel is placing a hardship on the residents currently living in that area. The applicants suggest that they whish to have this business for years to come, but then again the car wash could be sold a year later to someone else and they could run things differently. He can not understand why anyone would want to place a commercial facility in a residential area when there is already so much vacant commercial lots within North Olmsted. Councilman at large P. li'Iiller suggested that his family owned a family business and he appreciated the intent of the Berg family wanting a bit of the American dream, but there is a place for that dream. There is a large commercial area with vacancies and there is a lot of room for their family business. The residents did not choose to live this close to I-480 or this proposed business. He has been to the Westlake site and the blower is very 6