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4/5/2021 Minutes
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4/5/2021 Minutes
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N Olmsted Boards & Commissions
Year
2021
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
4/5/2021
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required minimum rear yard setback so any patio or deck would require a variance. Mr. Allain <br />asked if the existing patio is nonconforming, Ms. Lieber said it is since there is not <br />documentation for a variance being granted. The Building Department previously took the <br />position that slabs on grade did not require zoning review since they were not attached to the <br />dwelling, so the existing slab could have been installed during that time. Mr. Mackey supported <br />the request given the size of the lot, Ms. Patton and Mr. Rahm agreed. <br />Mr. Papotto moved, seconded by Mr. Mackey, to approve the following variance for 21- <br />18717; Mike Barghouty; 4712 Dover Center Road: <br />1. A 14 ft. 10'/Z in. variance for rear yard setback of patio contiguous to a dwelling; code <br />requires 50 ft., applicant show approximately 35 ft. 1'/2 in., Section 1135.02(C)(4). See <br />also Section 1135.06(D). <br />Motion passed 5-0. <br />COMMERCIAL APPEALS AND REQUESTS <br />21-18668; Tractor Supply; 23300 Lorain Road <br />Representatives: Anthony Cocca, owner of Cocca Development; Bill Schroeder, architect, Cocca <br />Development; Hazem Nouraldin, owner <br />Proposal consists of outdoor display areas. Property is zoned B-1 Local Business. <br />1. A variance for accessory outdoor display; code does not permit retail uses with accessory <br />outdoor display in the B-1 Local Business District; applicant shows outdoor display of <br />merchandise, Table 1139.03-1. <br />Tractor Supply Co. proposes to occupy a portion of the building that was formerly Levin <br />Furniture. The principal use is retail sales, which is permitted in the B-1 Local Business District. <br />Tractor Supply proposes to have certain specified areas of outdoor display of merchandise along <br />the front of the building and to the west of the building. A variance is needed for this accessory <br />outdoor display, which is not permitted in the B-1 District. <br />Mr. Cocca said Cocca Development will own the property and Tractor Supply will be the tenant. <br />Tractor Supply sells equipment for farmers, ranchers and welders. Some of the typical <br />merchandise displayed outside will be stored inside to help meet the code. The outdoor display <br />would be used for trailers, log splitters and propane. About 5,000 square feet of the building will <br />be replaced with a greenhouse. Also 6,000 square foot space will be reserved for a future retail <br />space. Mr. Nouraldin is a physician who is a part-owner of the property. The current owners <br />have had difficulty selling the property after Levin went out. He felt the owners are fortunate to <br />have found a buyer and asked the Board to grant the variance. <br />Ms. Lieber said the city's single commercial district was broken up into four new business <br />districts with varying restrictions placed on scale of retail permitted and accessory outdoor <br />display and storage uses in the 2017 zoning code update. Commercial property east of Columbia <br />Road became B-1 Local Business, which recognized the smaller size lots and smaller scale of <br />development on the city's east end. This change was in response to projects that could not meet <br />the larger setbacks of the general business district where parcels were much bigger to <br />accommodate uses such as the mall, car dealerships, large retail plazas, etc. The applicant's <br />
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