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? ;. . ,, CITY OF NORTH OLMSTED "TOGETHER WE CAN MAKE A DIFFERENCE" BOARD OF BUILDING CODE APPEALS MINUTES - MAY 15, 2003 IN COUNCIL CHAMBERS 5:30 P.M. I. ROLL CALL: Vice Chairman Klesta called the meeting to order at 5:35 p.m. PRESENT: R. Klesta, M. Conway, and N. Althen ABSENT: R. Puzzitiello, and P. Engoglia ALSO PRESENT: Assistant Law Director B. O'Malley, Assistant Building Commissioner T. Rymarczyk, and Assistant Clerk of Commissions A. Kilbane II. REVIEW AND CORRECTION OF MINUTES: The minutes of the Apri121, 2003, Board of Building Code Appeals have been submitted for approval. R. Klesta made a motion to approve the minutes of Apri121, 2003. The motion was seconded by M. Conway and unanimously approved. III. BUII.,DING DEPARTMENT REQUESTS: 1. Wal Mart Store #2316, 24801 Brooknark Road: Proposal consists of six storage containers. A variance to allow 6-storage containers each 40' long x 8' wide x 8' high visible from Country Club right- of-way which is in violation of 1363.07 (B) (5). Note: Board of Building Code of Appeals at their October 17, 2002 meeting stated that the issue of trailers should never be before the board again. Vice Chairman Klesta called all interested parties forward. Mr. Paul Franz came forward on behalf of Wal Mart. Mr. Franz indicated they have construction/remodeling going on right now and the crew that was hired was supposed to come in and get a variance to have containers on the ground there. He said for some reason, it is their fault, it slipped through the cracks and they put down the containers. He said Wal Mart was told they must get rid of the containers. He spoke with Mr. Rymarczyk who informed him they have a couple of days to remove the containers. They had construction merchandise in them and they were removed in 3-4 days. They are no longer on the site. Mr. Franz said they want to work with the city. He realizes there have been problems before and they do not want to upset anyone. They do need construction trailers there though for about 8 weeks. He said if they can move them behind the building that may help. When they have had containers there in the past, they were in the back of the building and it is not in view of Country Club Blvd., nor would they be in any parking spots. He indicated the fire department told them they cannot be too close to the building because the department needs access. He said his thought is to move the containers to the other side of the drive. There is an asphalt drive there and the containers would not be visible to the public. Mr. Conway said that Mr. Simms represented Wal Mart previously and they came to an agreement about off site storage. He said a building was purchased on Sheldon Road. He added that W. Simms assured the board that there would not be any problems in the future with storage containers on the site. Mr. Franz said they do have the facility on Sheldon Road and they are using it. Mr. Klesta asked why Wal Mart is before the board regarding the containers if they are using that facility. He pointed out this issue has been before the board every year for at least three years. It has been a major issue every year. Mr. Richard Pouliot, the district manager for the Cleveland market, came forward to address the board. He said they met with the Mayor and the Safety Director last week and they have revamped their entire operation so they do not store merchandise trailers outside the store. He said the city has made that very clear. Mr. Conway pointed out they are not trying to harass the store but they do have to enforce the rules. Mr. Pouliot said that if he lived next to the store he would be the biggest critic of the situation. He said this particular store is the best in the district. They are opening a store in Avon and in Parma. The North Olmsted store pays over $750,000 in taxes to the City of North Olmsted. He said the city and the