03/04/2004 Minutes - Laserfiche WebLink

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. safety issues with a car wash on their block. Neighbors suggested the entire area, which abuts the property, is multi family or single residential there is no commercial or retail in the area. Neighbors felt more assisted living could be built on the site. It was pointed out that the nearest site, which is retail or commercial, is Wal-Mart department store. Neighbors voiced a concern over noise levels increasing if the car wash is allowed. Neighbors feel a car wash would devalue their property. Ms. Wenger the City Planning Director was sworn in and indicated that the current master plan indicates that there are wetlands on the site, which need to be addressed, and that the zoning should be Multi family. It was pointed out that the homeowner was currently using the land as it is zoned. It was suggested that just because a property can be put to a more profitable use does not in itself establish an unnecessary hardship. The lot is being used as it is zoned and the applicants can develop the land under its current zoning. The Planning Director felt that a use variance was not warranted and granting a use variance would have just as negative of an impact on the area as rezoning the lots would. The board discussed hours of operations and if there would be someone on site whenever it is open for business. The applicants suggested that there would be cameras on the site, which would allow the owners to watch the site via their home computer in the evening. Assistant Law Director O'Malley reviewed for the board members the ;rounds to grant or deny a variance under the city codes. The board closed the meeting to deliberate and then reconvened at 1:15 a.m. N. Sergi motion to grant Berg Carwasln of 4700 Clague Road their request for variance (1123012), consists of a carwash in a multi-family district and that the following variance is granted: 1. A Use Variance to allodv a carwash facility in a meilti-family zoning. Which is in violation of Orel. 90-125 section (1137.02). W. Kremzar seconcled the motion, which wns unanimously denied. Variance Denied. The board requested the Law Department draft a conclusion of their comments stating the facts based on their findings. The draft is to be submitted with the minutes at the boards April Meeting. The following is the Conclusions of Fact submitted by the I.aw Department April l, 2004 and moved into the body of the March 4, 2004 flninutes 1. The property owner, Mrs. Kusik, purchased the land and constructed the existing residence nearly fifty (50) years ago. 2. The existing house was always and continues to be used as a single family residence, permitted by the current Multiple Residence (Apartment) District Zone. 3. The existing house, while modest, is not unlike other residential homes on Clague Road, particularly between Brookpark and Mastick, as personally observed by the Board members. 4. The property, although triangular in configuration, meets the area requirements for use as zoned, specifically and according to the arclutect, Mr. Gary Fischer, it is not physically impossible to place a single or multiple residential dwelling on the property. The property itself is not so unique that the owner or prospective owner would suffer an unnecessary hardship; it is much like the church across the street. 5. The neighboring properties, including the Wellington Place, are residential in character (as stated by City Plaiuung Director, Kim Wenger) and are not commercial in character (as stated by the applicant, Mr. Roliert Berg). 6. The li;hting, truck traffic and other activity associated with Wellington Place and its use of a private driveway south of the property at issue does not alter the residential character of the neighborhood and is not peculiar to this property but is generally shared by all surrounding neighbors. 7. The lighting, traffic and other activity associated with Brookpark Road, Interstate 480, and the cell tower located next to the highway do not alter the residential character of the neighborhood and is not peculiar to this property but is generally shared by all surrounding neighbors. 11