06/24/2003 Minutes - Laserfiche WebLink

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Mr. Koeth addressed Mr. Colburn and said that with the store expanding the only thing they should see out front is carts. They should not see home garden material or fencing out there. He said the board requested that no sales material be in front when Home Depot first came in. The same is true for Wal- Mart. If the store cannot contain that material in the store, they need to do something about it. Mr. Colburn indicated he just took over the North Olmsted store and he clearly understands what the board is saying. He said they have very strict guidelines as a company with outside merchandise. Mr. O'Malley said he thinks the building department will have a difficult time dealing with the issue that has been raised unless it is made a very specific condition of the approval. He said he does not believe there is anything specifically that prohibits them from displaying merchandise in the front of the store. Mr. Koeth said if they went back to the minutes when Home Depot first came in, it was a request and he thinks they have honored that request. He would like to keep it that way. Mr. O'Malley said he would recommend the board make it a condition of the approval and make it very specific. Mr. Koeth said he believes they have. Mr. Rymarczyk said he believes it was in the minutes of the previous meetings but never in the motions, so they have nothing to go by as far as regulating what they can have out there. He added that no merchandise should be behind the store except behind the screen wall. He pointed out that in driving by the site the other day there was a lot of debris back there. Mr. Colburn agreed and said that they have removed about 90 % of that and they are continuing to work on it. He confirmed it will be cleaned up. Mr. Rymarczyk said unless it is made part of the motion by the board, the building departinent has nothing to go back with. Mr. O'Malley said the board is hearing from the building department that the applicant is not respecting the requests that were made in the past and not owning up to commitments made in the past. The building department is powerless to enforce any of those conditions unless they are made a specific condition of approval. There is a provision of the code that allows the building department to enforce those conditions if they are outlined and attached to the plan. Mr. Garland asked if they are in violation of the operating restrictions that approved Home Depot to be here because if that is the case, it is Mr. Colburn's job to correct those conditions. He said they want to clean up the back area of the store but they do not want to change the operating restrictions that they cannot have their visual presentations in the front of the store. That could be a problem. Mr. O'Malley said it appears that they are in violation of the spirit of the Planning Cominission's discussions while they may or may not be in violation of the technical terms that were imposed. There is also a possibility of citations for impeding the walkways. They are virtually impassable to pedestrian traffic. Mr. Koeth said that has been their biggest concern. Mr. Hreha said that with any retail organization, store managers change and gentleman's agreements, or the spirit referred to, do not hold up. Mr. Spalding said they are doing that with Wal-1VIart and asked them to put their conditions in writing. Mr. Hreha said they do not want things looking like a junkyard. They are expanding their storage area so make it conditional on them storing things within that storage area and keeping the walkway clear up front. T. Hreha made a motion to make it conditional that materials be kept within the storage area and that the walkway be kept clear in the front of the store. The rrflotaon was secondecl by R Koeth and unanimously approved. Within the framing of the motion, there was further discussion. Mr. Garland said he would like the proposal to be tabled. He expressed concern about their operating restrictions. He said they are being asked to change their operating agreement. Mr. Hreha disagreed and said they are being asked to keep the agreement made by previous company representatives. Mr. Koeth said he does not want fences, snow blowers, out in front or on a sidewalk. If there is not enough room in the store, they have to do something about it. That was the agreement. He mentioned the trashy appearance of other stores and said it will not happen in North Olmsted. Mr. Garland said if they are being asked to enforce the operating restrictions within the store, he can agree to it. 2