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was a commitment of the owner during his presentation to the Planning & Design Commission. <br />Due to change in the business and the regulatory environment, the applicant is now seeking to <br />expand his sales to include other types of smoking products including tobacco and requests that <br />the Commission and City Council lift the 2019 restriction associated with their conditional use <br />permit. Note that the current restriction is related to tobacco and smoking specific products and <br />not to other types of retail sales that would otherwise be permitted by right (beer, wine, lottery <br />and similar). The applicant has also indicated that they may move locations within the same <br />plaza. Any approvals recommended by the Commission should take into consideration the <br />possibility of that relocation. <br />Mr. Malone asked if the applicant would be selling beer or wine, Ms. Lieber said there is <br />potential that the applicant would be interested in selling other products permitted under the <br />city's code. Mr. Bercu said he takes great pride in keeping his plaza fully leased and the plaza <br />has recently undergone renovations. Mr. Yousef said his store is currently closed. When he came <br />before the Commission previously, he was only interested in selling vape products. The federal <br />government has since instituted Market Denial Orders which have significantly decreased the <br />amount of products he can produce and sell. He used to own nine businesses but currently only <br />has two open. He has not had enough sales to cover his business expenses recently, so it made <br />more sense for him to close the business. The market has changed and if he cannot expand the <br />business, then he will have to close permanently. He is asking to be allowed to sell smoking <br />products and accessories. He would also like to get a beer and wine license and to sell lottery. <br />Mr. Yousef reviewed a map that showed some retail stores within three to five miles of his shop <br />that sell items like CBD, smoking glass and similar products, which he believed belonged in a <br />smoke shop. He believes his options are to open a different business or to walk away from the <br />industry altogether. He was the first vape shop to open in the city and believes in the products. <br />He has another business that is viable but is not able to take money from that one to keep the <br />vape shop afloat. Mr. Bercu added that the map showed businesses that are able to sell products <br />that they are currently not allowed to. <br />Mr. Matthews asked if the location was ever used as a vape juice manufacturing facility, Mr. <br />Yousef said they were only made in a facility in Cleveland. Mr. Schumann asked what other <br />tenants are in the plaza. Mr. Bercu said an upscale Asian restaurant will be coming in soon and <br />there is a daycare, Danny Boy's Pizza, Subway, a market, nail salon, West Park Barbers and the <br />Big Egg Diner currently in the plaza. Mr. Bercu explained that his company lost one million <br />dollars since the pandemic hit because he did not charge rent in order to keep his tenants. He <br />added that some of the tenants are struggling due to labor shortages and decreased demand for <br />some services. <br />Mr. Malone moved, seconded by Mr. Schumann, to approve the conditional use permit for <br />21-20558; Smoke City Vape; 24137 Lorain Road, motion passed 6-0. <br />COMMUNICATIONS <br />Administrative Approvals <br />An amendment for Horizon Education Centers at 25300 Lorain Road for landscaping and site <br />changes and an amendment for the former Donut Connection at 27624 Lorain Road for new <br />