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3/13/2019 Minutes
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3/13/2019 Minutes
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N Olmsted Boards & Commissions
Year
2019
Board Name
Building & Zoning Board of Appeals
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Minutes
Date
3/13/2019
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of the photometric plan reviewed did not comply with code, and no lighting was submitted with <br />this application. Given the many variances for setbacks and development intensity requested, <br />Ms. Lieber believes this site cannot accommodate the project as it is currently proposed and <br />recommends that the BZBA deny all variance requests. Staff is willing to continue working with <br />the applicant to create a more suitable plan for the site or consider other options. <br />Mr. Mackey asked the applicant why 83% of the lot is proposed to be impervious surface. He is <br />hesitant to vote for setbacks where there is not a lot of pervious surface. Mr. Fabo said the civil <br />engineer would determine how to contain the storm water through an underground detention <br />system. Ms. Lieber said the impervious surface requirement was put into the code to replace lot <br />coverage requirements but includes storm water measures, buffering and landscaping. Mr. Rahm <br />asked Ms. Lieber if the suggestion to build a smaller building was responded to, Ms. Lieber said <br />the applicant did not think a smaller building would suit their needs and they wanted to increase <br />the amount of available parking spaces. Mr. Mackey asked why the current parcel was not <br />proposed to be consolidated with the proposed location, Mr. Fabo said they have different <br />owners. Mr. Fabo believed this is the smallest building package Arby's has available. Mr. Raig <br />asked about the traffic flow concerns, Mr. Fabo was comfortable with the civil engineer's <br />evaluation of the ingress and egress safety. Mr. Fabo added that the deliveries would be <br />delivered between 7:30 a.m. and when they open for business since they do not have a breakfast <br />menu. He thought most truck drivers can maneuver better than what the truck turn software <br />estimated since the program is very conservative. Mr. Fabo said the trucks would enter and exit <br />from Lorain Road and deliveries and waste pickup would happen behind the building. Mr. Raig <br />said he does not like going in and out of the current site and he is concerned that one <br />ingress/egress on Lorain Road would still be unsafe. Mr. Fabo thought the egress to Silverdale <br />Road would help traffic turning onto Lorain Road. Mr. Raig questioned whether the housing of <br />the signage is included in the sign variance measurement. <br />Mr. Mackey believed the applicant is trying to place a business in a location where there is not <br />enough space to accommodate it. He was concerned about entering and exiting the property, <br />especially during peak hours. Mr. Rahm agreed that a new Arby's is positive but was concerned <br />about the amount of variances requested. He thought they could work with staff to reduce the <br />variances or move to another parcel better suited to it. Mr. Raig believed the parcel is <br />developable but was concerned that every zoning requirement is violated and the impervious <br />surface is almost one-third higher than the allowed amount. He also thought the new proposal <br />would be more difficult to enter and exit. Mr. Fabo asked that the project be tabled. Mr. <br />O'Malley said the Board can determine whether or not to entertain the applicant's request to <br />table the matter after deliberations took place and the vote was about to be made but he did not <br />think it was warranted in this case. Ms. Lieber said the development plan application is still open <br />but a new BZBA application would need to be made. <br />Mr. Mackey moved, seconded by Mr. Rahm, to grant the following variances for 19-13004; <br />Arby's; 26330 Lorain Road: <br />1. A variance for impervious surface of a lot; code allows 65% maximum impervious <br />surface, applicant shows 83% impervious surface; Section 1139.04.13. <br />2. A 39.71 ft. variance for front building setback; code requires 75 ft., applicant shows <br />35.29 ft.; Section 1139.07. <br />
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