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CTTY OF NORTH OLMSTED <br />"TOGETHER WE CAN MAKE A DIFFERENCE!" <br />PLANNING COMMISSION <br />FEBRUARY 24, 2004 <br />MINUTES <br />I. ROLL CALL: <br />Chairinan Koeth called the meeting to order at 7:30 p.m. <br />PRESENT: Chairman R Koeth, Board members; W. Spalding, T. Hreha, J. Lasko, and S. <br />Hoff-Smith. <br />ALSO PRESENT: Assistant Law Director B. O'Malley, Building Commissioner D. Conway, <br />and Clerk of Commissions D. Rote. <br />ABSENT: Board members; M. Yager and C. Allan <br />ll. REVIEW AND CORRECTION OF MINUTES: <br />The Planning Commission minutes dated January 27, 2004 are submitted for approval. <br />R. Koeth motion to approve the Planning Commission minutes dated January 27, 2004 <br />as written. J. Lasko seconded the motion, which was unanimously approved. <br />III. BUII.,DING DEPARTMENT REQUESTS: <br />Dunkin Donuts/ Baskin Robbins; PP# 237-09-005 (Clauge Road: (WRD 2) <br />Proposal consists of construction of a new Dunkin Donuts/ Baskin Robbins Retail building. <br />Note: The Architectural Review Board addressed the proposal on 11-19-03 and approved it <br />12-17-03. Planning Commission tabled the proposal 11-25-03. The applicants withdrew 12- <br />23-04, 1-13-04 and 1-27-04. Variances are required. <br />Chairman Koeth requested each of the city representative's give their reports. City Planner <br />Wenger reviewed each of the meetings the applicants attended and indicated that the <br />applicants had willingly made all the suggested changes and increased their landscaping to <br />address buffer issues. The applicants would like to be sent forward to The Board of Zoning <br />Appeals with a favorable recommendation from Planning Commission. She briefly reviewed <br />issues, which had been addressed by the applicants regarding neighbors concerns. The <br />applicants will address the existing fence to the south and extend the fence to the southeast <br />corner. Ms. Wenger advised the board that the issue as to whether or not the applicants is in <br />fact a restaurant is not before the board as that is an issue to be addressed by the Board of <br />Zoning Appeals. Building Comnissioner D. Conway suggested that the Commissioners <br />address their recommendations for the area variance required. City Engineer G. Durbin <br />indicated that a letter dated February 2, 2004 stipulating what Engineering Department still <br />requues was sent to the applicants and to date there has been no response. Assistant Law <br />Director B. O'Malley advised the Commission as to what issues they should address and <br />those that they should not address. <br />Mr. Gunning, applicants attorney, Mr. Delpiaz, construction manager, Ms. Caserta architect, <br />and Mr. Vayda also an architect was present to review the request. The applicants voiced <br />their opinions as to why they do not believe they are a restaurant and addressed why they felt <br />they should be granted an area variance. They requested Planning Commission give them <br />favorable recommendations for their variances. The applicants reviewed changes that had <br />taken place thus far and discussion as to approved landscape plans missing took place. The <br />commissioners are concerned for neighboring residents and asked that the applicants place a <br />new fence and mounding along the south side of the lot and it is to continue along the east <br />property line. Discussion regarding delivery times and drive-through hours took place. <br />Applicants stated that they would follow City code for deliveries and outside speakers. The