08/05/1997 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 8/5/97 August as a vacation, the BZD Committee is requesting that they hold a special meeting in August to reconsider the original DeLorenzo proposal or revised proposal as soon as they receive any additional information they deem necessary to be submitted. The Assistant Clerk of Commissions was made aware of this action. b. A proposal to demolish an existing structure and construct a new Rite Aid single-story retail building at 28974 through 29016 Lorain Road just east of Kacirek Funeral Home. Presenting the proposal was Mr. Marty Stelau, architect from Acciarri, Draeger and Associates, Inc. The proposal was heard by the Planning Commission on May 27, the Architectural Review Board on June 18, the Planning Commission on June 24 and again by the Planning Commission on July 8. The proposed style building is a new prototype and appears to be quite attractive. Concerns that were addressed at the Planning Commission and Architectural Review Board meetings included: signage should be within the limits of the code, City Forester to be contacted regarding approval of any removal of trees and additional landscaping, roof air conditioning units shall not produce more than 50 decibels of sound at the lat line, relocation of the dumpster and underground retention of surface water. It is noted that the Rite Aid across the street sells alcoholic products. The proposed new location would be within 500 feet of a school. At the July 8, 1997 meeting, the Planning Commission voted to ask the Board of Appeals to deny any variance to sell alcohol at the new store. Via letter dated July 19, 1997, the North Olmsted Board of Education passed a resolution on June 30, 1997 that they opposed the granting of zoning variances that would allow businesses to sell alcoholic beverages within 500 feet of its buildings or on property contiguous with board-owned property. The general consensus of the BZD concurs with the position of the school board and the Planning Commission. Mr. Musial moved that the proposal to demolish an existing structure at 28974 through 29016 Lorain Road and to construct a new single-story retail building be approved subject to the recommendations of the Planning Commission, Architectural Review Board and any necessary approvals of the City Forester, Building Department and Engineering Department. The motion was seconded by Mr. Nashar and unanimously approved. The sale of alcohol in the retail building will be considered at a subsequent date as an operational issue. Mayor Boyle asked if the proposed building was within 500 feet of Forest School. The general consensus was that it is. The Mayor asked for clarification on the law because he believed it was building to building. Mr. Musial said it was the committee's understanding that it was the property itself. Mayor Boyle said he agreed that alcohol should not be sold next to the school. But, if the law reads building to building, we might have to take a different course of action because they would not have to request a variance. It was agreed that Mr. Gareau will research the law. c. A proposed change to the Zoning Code amending Section 1135.02 as covered in Ordinance 97-57 entitled "An Ordinance Amending Section 1135.02 of the Zoning Code entitled "Accessory Uses and Buildings" of Chapter 1135 entitled "One and Two Family Residence District." This will eliminate the mandatory 6 foot high fence around ground- level pools and inclusion of an integral fence or ruling on an elevated pool to achieve a minimum height of 6 feet. The new requirement will be a permanent height fence associated with ground-level pools of not less than 4 feet nor more than 6 feet. Thus the pool owner can determine what the height of the fence should be within this range. Four 4 _ ._ ... ,-.,..~,- .,.,~,,,,«.,,~..,.~.,,,~~.,.~w.,_.