03/04/2004 Minutes - Laserfiche WebLink

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• Commissioner. The applicants objected to the Chairman's pre-prepared statement as a matter of procedure and asked that he remove himself from the case. The Board called a recess. Upon retuming from the recess; Mrs. Sergi voiced that she felt the need to table the issue. The Board has received a lot of new information and no opportunity to review it and she did not feel comfortable voting on the issue at that time. N. Sergi movecl to table tlus issue until next month. The applicants objected and again requested the Chairman excuse himself from the case. W. Kremzar seconded the motion. The applicants objected and request the Chairman's document be placed in the record. Mr. O'Malley requested Vice Chairman Kremzar take over the meeting. The Chairman left the room and did not participate in the deliberation of the motion to table or the main question before the Board. Mr. O'Malley said that the Chairman leaving should be viewed as a voluntary act and should not be viewed as any concession or emission of the allegations made. The applicants again objected to being tabled and voiced that they did not think the board could render a fair and impartial decision. Mr. Kelley voiced that no board member comes to any meeting already deciding to table anything. The Board has heard a lot of information i.e. it is a restaurant it is not, is something grandfathered or not. With the inadequate information, they have been provided the board can not intelligently rule at this time. Mr. Kremzar called for the role. W. Kremzar, T. Kelley, aiad N. Sergi auianimously approved tabling Iinnlcin Donuts issue until next nnonth Mr. Kremzar voiced that the Board required more information. The Clerk advised that the applicants were scheduled to go before the Planning Commission on 3-9-04. 17. BerE Carwash 4700 Clapue Road: WRID 4 Request for variance (1123.12). Proposal consists of a carwash in a multi-family district. The following variance is requested: l. A Use Variance to allow a carwash facility in a multi-family zoning. Which is in violation of Ord. 90-125 section (1137.02). Note: #1. The City Engineer requires owner to consolidate the parcels. #2. Applicants tabled themselves on 6/24/03 and Planning Commission recommended the request for a use variance be denied on 9/09/03. Chairman Maloney called all interested parties forward to review their request. Mr. Slagter, Attorney for applicants, Mr. fisher, the Architect, Mr. Berg, the proposed owner, Mr. Bossman, the broker, Mr. Dordellyle, Vice President of Marketing, Mrs. Kusik, the property owner, Councilman McKay, The following neighbors Mr. & Mrs. Vannoy, Mr. Noble, Mr. Meserini, with Wellington Place, Mr. & Mrs. Troibner, Mr. & Mrs. Nicola, Mr. Mingus, Mr. Dispirito, each came forward to be sworn in and review the Mr. Slagter came forward to speak for the owners and purchaser. He reviewed that a use variance was called for not rezoning. The applicants suggested that their front parcel is commercial as well as Wellington Place, which is located just south of their lot. It was suggested that the parcels in question were surrounded by commercial property on all sides. The proposed owners live near the site and will be the sole workers at the car wash. The applicants felt there is a clear case of hardship, as they can not sale the property as residential. They do not want the land rezoned, as it would set precedence in the neighborhood. The applicants felt the size and shape of the property caused a need for the use variance. Each of the applicants representative was asked to give their opinions regarding the property location, the ability to sale the property as residential and discuss noise levels. The applicants suggested that the car wash would have a residential look and constructed with high quality inaterials. There will be two wash bays instead of three that was first proposed. The curb cuts are both on Clague road and placed so that as you aiter the site at night, the headlights shine towards Brookpark Road and as you leave, they shine towards the church lot, which is closed at night. Applicants felt that the home could not be sold residentially due to the commercial sites surrounding the parcel. The board questioned if the person taking the decimal readings was trained in the field and again questioned the hardslup. The applicants felt that as 1V1i-. Berg followed the instructions the readings were accurate. The broker voiced that he tried to move the property for 18-months and there were no residential lookers only commercial interest. The broker voiced that the property could not be sold as residential. The owner reviewed how long she and her family had lived in their home and that they currently rent the home out. It was suggested that due to Wellington's light spillage their tenant has to cover the windows to keep the lights out. The abutting neighbors did not think the owner was asking a residential price for the home. Neighbors voiced concerns r aarding traffic increase to the area from a car wash. Residents believe that there will be 10