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09/09/2024 Minutes
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09/09/2024 Minutes
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N Olmsted Boards & Commissions
Year
2024
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
9/9/2024
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143-2024; Bretton Beverage; 296033 Lorain Rd. <br />Representative: Issa Salti on Gareau Drive. <br />The variance request discussed involved a 57 -foot deviation from the required distance between <br />a driveway and an intersection for a proposed drive-thru, in accordance with codified ordinance <br />1118.13D3. The specific ordinance mandated that driveways be located no closer than 125 feet <br />from intersections or adjacent driveways. <br />The owner of the Braham Beverage location, which had previously housed a drive-thru when it <br />operated as Becker Donuts, explained that he believed it was acceptable to continue using the <br />existing drive-thru after purchasing the property. He had assumed that a building permit granted <br />for the installation of the drive-thru window meant it was compliant. However, he later learned <br />that a special use permit was required to operate the drive-thru. <br />During the hearing, the owner emphasized that the drive-thru was not solely for selling alcohol <br />or lottery tickets but was primarily used by walk-in customers who found it convenient, <br />particularly senior citizens, people with disabilities, and parents with young children. He <br />acknowledged using the drive-thru without the necessary permit and expressed his intention to <br />rectify this situation by seeking the variance. <br />City staff, including the city engineer, reviewed the driveway's functionality and confirmed that <br />the drive-thru operations were acceptable as long as vehicles entered from Lorain Avenue and <br />exited onto Christman Road. The staff highlighted that the issue at hand was not self-created by <br />the business owner but rather stemmed from changes in zoning regulations enacted in 2016, <br />which necessitated the variance for this type of use. <br />The board acknowledged the importance of safety and community considerations raised by the <br />owner, who articulated a vision for future development of the property, which could potentially <br />include additional services like free delivery for those in need. In conclusion, the board was <br />encouraged to view the variance as an authorization for the existing drive-thru use rather than <br />merely a spacing issue. <br />Mr. Kovach motioned to approve case: 143-2024; Bretton Beverage; 296033 Lorain Rd. <br />authorizing the use of an existing drivethrough at the existing business. Seconded by Ms. Patton. <br />There was expressed support for the conditional use permit regarding the pre-existing non- <br />conforming building located at 29603 Lorain Road. After visiting the property, it was noted the <br />presence of speed bumps near the traffic lane service window, which was regarded as a positive <br />safety measure. Acknowledging that the surrounding neighborhood features walk-up traffic, the <br />importance of safety in the context of the building's use and its parking situation was <br />emphasized. <br />Motion Passed: 4-0 <br />
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