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use variance was there because the parcel was zoned single family home. The use was for the road to access several acres that does not have access for multifamily home development. Mr. Szeman explained the request to the board was due to the fact there was no access point to the property, and Brookpark Road has limited access points and will also serve as the frontage of the developed property. Their solution to the limited access from Brookpark Road was to access from the only other point; Grace Road. He went on to further explain that the development for this site is contingent on the use variance that was before the board. He also stated that if the variance was granted there would be language stating that if development fell through, the variance would be void so that the neighborhood would not be susceptible to other unwanted developments. Mr. Davis shared with the board of their findings regarding traffic trips during am and pm peak hours and they were 26 and 35 respectively. He added a proposed landscape drawing which would allow for privacy to the two adjacent properties of the access road. Mr. Miller expressed an objection due to added noise, added traffic, winter conditions, etc. Mr. Mackey asked the representatives if there was an agreement in place to purchase the property, they replied that it was contingent. Mr. Gareau explained different ways to work out the language regarding the start of construction. He explained different time contingencies that can be written based on approvals, permits and others. Ms. Patton asked if there was a way to access the parcel using the Northern View Villas, and was told that without acquisitions it cannot happen. Mr. Gareau also explained that a curb cut on Brookpark Road would not be a viable solution. Mr. Papotto questioned Mr. Gareau about transferability. Mr. Gareau replied that it shouldn't be an issue so long as the conditions of the approval do not change. There wouldn't be issues if a new developer took the burden, and developed according to the approved plans. Mr. Papotto, Mr. Gareau, and representatives continued their conversations regarding upcoming variances, conditions on board approval and next steps. Mr. Mackey asked for Mr. Gareau to assist the board on how to make a motion that included the contingencies on approval. A five-minute recess was requested by Mr. Gareau to prepare a conditional motion that appealed to the boards requests. Mr. Papotto stated they were taking a five-minute recess and would reconvene at 08:15pm. Meeting reconvened at 08:18pm. Mr. Papotto asked for a motion, Mr. Gareau offered his assistance to the board on the motion and stated: There is a motion to be made at that time on 22-23405 George Davis GD3 Ventures/Darb Holdings & the Estate of Phyllis Margolis, 4912 Grace Road. Proposal for a residential lot as access drive for apartment home community. A use variance to allow for PPN 237-17-004 zoned "One Family Residence", to allow for the parcel to be utilized as the access road to the proposed development. The motion is to approve the requested use variance with the following conditions: