PZ - June 6th 2016

PLANNING AND ZONING COMMISSION
MEETING MINUTES
Mayfield Village
June 6, 2016

The Planning and Zoning Commission met in regular session on Mon, June 6, 2016 at 7:00 p.m. at the Mayfield Village Civic Center, Civic Hall. Chairman Syracuse presided. 

Roll Call

Present: Mr. Vetus Syracuse (Chairman), Dr. Sue McGrath (Chairman Pro-Tem), Mr. Bill Marquardt, Mr. Garry Regan, Mr. Paul Fikaris, Mr. David Hoehnen, and Mr. Joseph Saponaro (Council Alternate)

Also Present: Mr. John Marrelli (Building Commissioner) and Ms. Deborah Garbo (Secretary)

Absent: Mayor Bodnar, Mr. Mark Guidetti (Law Department), Mr. Tom Cappello (Village Engineer), and Mr. Ted Esborn (Economic Development Director)

Consideration of Meeting MinutesMarch 7, 2016

Mr. Regan, seconded by Mr. Marquardt made a motion to approve the minutes of March 7, 2016.                

ROLL CALL

Ayes: Mr. Syracuse, Dr. McGrath, Mr. Marquardt, Mr. Regan, Mr. Fikaris, Mr. Hoehnen

Nays: None                            

Motion Carried. Minutes Approved As Written.

PROPOSALS:

  1. Extension Non-conforming Use
    Smokin “Q’s” BBQ Restaurant
    718 SOM Ctr. Rd.
    Richard A. Lalli, Architect

OPEN PORTION:

Chairman Syracuse called the regular meeting of the Planning & Zoning Commission to order. We have one proposal tonight, an extension of a non-conforming use. There was a presentation made at out last workshop meeting by Richard Lalli the Architect.

DECISION:

Mr. Regan, seconded by Mr. Marquardt made a motion to approve the Extension of the Non-Conforming Use for Smokin “Q’s” BBQ Restaurant at 718 SOM Ctr. Rd as proposed. 

Chairman Syracuse asked if any discussion.

Mr. Regan asked, is the plan final?

Mr. Marrelli replied, the plans are still being worked on. As far as the expansion of the kitchen area that came to this group, that has been solidified. Architectural Review Board will look at the actual exterior and façade.

Mr. Regan asked, everything fits according those calculations, in what they’re allowed to do?

Mr. Marrelli replied, yes. No problem with setbacks, parking or anything else.

Mr. Regan asked, do we have to put in any riders or anything subject to?

Mr. Marrelli replied, no. This is not a conditional use permit where we apply conditions.  

Chairman Syracuse states, Mr. Guidetti had gone through everything with us at the last meeting and we looked at the letter from Joe Diemert. I didn’t see any problems with anything. Again, they mentioned this was more instead of an actual expansion of a non-conforming use, it really is more improvements rather than an expansion of the use itself.  

Mr. Fikaris asked for clarification on the language. Is it extension or expansion?

Chairman Syracuse said, the original agenda proposal said expansion, tonight it says extension.

Mr. Marrelli said, I think the Law Department changed it to extension.

Dr. McGrath said, it seems to me it’s an extension of the building of a structure. No change to the non-conforming use.

Mr. Fikaris states, it’s an extension of a non-conforming use with expansion of a building.

Mr. Marrelli said, there are regulations in our code about expansion and extension. It gives you a percentage over a period of time so that it doesn’t keep growing.

ROLL CALL

Ayes: Mr. Syracuse, Dr. McGrath, Mr. Marquardt, Mr. Regan, Mr. Fikaris, Mr. Hoehnen 

Nays: None                          

Motion Carried. Recommendation to Council.

Mr. Regan states, Mr. Chairman, I was asked to read something from Councilman Jerome who is out of the area:

“If someone is able to propose my question at P & Z in reference to Smokin Q’s BBQ.”  

“I think the new owners should look into the possibility of going to voters for a zoning change. I think it is worth looking into, as to bring the property and its business to the 21st century”

Mr. Regan said, this was sent to Mary Beth, Clerk of Council.

ANY OTHER MATTER:

Chairman Syracuse, asked, does anyone have anything else they’d like to address tonight?

  • Outdoor Patio Seating

Mr. Regan said, several years ago, Austin’s on Wilson Mills came before us, they wanted to do patio seating in front on Wilson Mills. If I’m wrong, someone correct me. My recollection was that we denied it out of the concern about it being on the 4-lane roadway. Our concern was that on a road like that, you could have someone jump the curb and wind up in the patio. It died on the vine. By the way, I have no problem at all with outdoor eating, I think it looks great.

We have the three places in the strip center across the street; Yours Truly, Pizza Roma & Aladdins. Aladdins has done a little seating with a little barrier. My concern is the bollards for safety, it’s not that the people are eating outside. I don’t buy the argument that you can’t walk on the sidewalk, the sidewalk belongs to somebody else. If they don’t mind eating on the sidewalk, that’s their business. My concern is for safety. With all due respect to people pulling up to CVS or Yours Truly, someone could potentially hit the accelerator instead of the break. It bothers me that there are no bollards out there, not even high curbs that would keep the potential vehicle from the sidewalk. If it’s mind your own business, it’s private property and they could do as they please, that’s fine. I just think that in the Village we have to be safety conscious as well.

Mr. Marrelli states, Aladdins went through the Planning Commission before my time to show how they were doing tables outdoor. The point’s been raised before about kids that walk to CVS and have to go around the tables and walk in the parking lot. I went through their records. It was a big long drawn out process for them to get that approval. Yours Truly has no record of permission to put tables on the sidewalk, nor does Pizza Roma. The Landlord says it’s o.k. with him.

Mr. Regan replied, it’s his property, if he wants to let them be on the sidewalk, that’s his business. But, safety is not necessarily scripted to the Landlord.

Mr. Marrelli states, the liability would be on the business owner and the property owner. That doesn’t help if you get hit by a car.

Mr. Marquardt asked, don’t you have to have a fence around it for any alcohol?

Mr. Marrelli replied, they don’t serve the alcohol outside.

ADJOURNMENT:

Mr. Regan, seconded by Dr. McGrath made a motion to adjourn the meeting.

ROLL CALL

Ayes: Mr. Syracuse, Dr. McGrath, Mr. Marquardt, Mr. Regan, Mr. Fikaris, Mr. Hoehnen  

Nays:None                          

Motion Carried. Meeting adjourned at 7:15 p.m.