12/23/2003 Minutes - Laserfiche WebLink

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Mr. Montgomery wants to do really fits. He said he is unsure the plan fits the footprint of the building. He asked Mr. Rymarczyk if the applicant will need to go for variances. Mr. Ryanarczyk said he has not viewed the plan for variances but he believes the applicant may need some. Mr. Montgomery said he believes their architects did the plan and according to them there should be no variances needed. They fit the width and the lot depth. He said according to the information the city supplied them with, regarding the building and the necessary zoning, everything seemed to fit. Mr. Koeth said they will have to rezone from a residential area. Ms. Wenger said the particular corner they are speaking about is a commercial corridor along Lorain Road and the three houses there are an island between Lorain and the vacant commercial corridor and the church. She said now that the applicant has secured the other two homes, he is increasing the area of that vacant commercial strip to make it a more viable area. With the possible addition of the third home, and with the church there, there is no further intrusion down Clague Road that would occur from this use. The applicant is also here for a rezoning, and the consolidation plat, not for the development plan. So any of those issues regarding development would be worked out at a later stage. The applicant is here to show a concept and not to obtain approval for the buildings and setbacks. Mr. Koeth asked Mr. O'Malley if the board would run into a problem as far as rezoning. Mr. O'Malley said the code allows for the Planning Commission to consider rezoning applications and Council appreciates every effort the Commission makes to explore the zoning changes that might be brought forward by a property owner or otherwise. The Planning Commission has had occasion to consider and make recominendations on zoning changes that are in the best interest of the city. The comprehensive plan of the city, the master plan, can be taken into consideration as it relates to this area and the surrounding property and its current use. He said he believes behind the land in question is a nursery and he is not sure if it is residential. To some extent, these residential properties are an island as the Planning Director described them. And she is correct, the development plan is not before the board. They have to look at the zoning consideration on a conceptual basis. Mr. Koeth asked what is across the street from this site. Mr. Lasko indicated it is commercial property. IVIr. Montgomery said there are gas stations on the three corners. Mr. Yager asked what is north of the gas station. Mr. Lasko said there are storefronts there and, in fact, the florist that used to be at the Halleen site is now there. Mr. Yager said the applicant here owns -006, - 004, and -005 but does not own -003 and is speaking on behalf of somebody that is not actually here. He asked what ability they have as a commission to address a parcel of land when the owner of the land is not here to question or debate or even know they are under consideration. Mr. O'Malley said he believes under Chapter 1107, the zoning issue and contemplation of zones is a broader question. It is not dependant upon a property owner's application to the board, however for sake of this matter, certainly the property owners involved with this developer that are participant in this consolidation plat would need to have either signed a contract with him or grant him some kind of authority to represent their interest for the consolidation plat. He said he assumes that would be addressed through the Engineering Department. He would caution the Commission on one thing; the consolidation plat should not be granted unless it is made specifically subject to the rezoning. The rezoning needs to precede the consolidation. They can consider the consolidation appropriate and grant it but advise that it not be signed, filed, until the rezoning goes through. Once the consolidation is created, filed, and recorded, the lot is created. If the board wants to take it a step further, it can condition the consolidation plat upon the subsequent development proposal with presuinably a demolition permit and make it subject to that being reviewed and approved. Mr. Yager asked Ms. Wenger if she had an opportunity to review the master plan on this particular area and he asked whether this proposal is conducive to the general direction in the plan. Ms. Wenger indicated she did not review it for compliance with the master plan however they know the master plan is currently under review. Given the character of the area, she feels that the residential island should not be encouraged. That condition should not continue in the city. Mr. Yager said looking at it aesthetically, for a number of years since the bank left that has been a challenging site visually. He mentioned the highway railing that is there and if the applicant comes with a new development plan, they will have the opportunity to clean some of that up. The building certainly looks out of character with the use that is in it since the bank has left as well. It is a significant corner and should have a strong visual impact. Mr. Montgomery said the railing would definitely be removed and he thinks the board will like what they have for the look of the 9