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1977-066 OrdinanceORDINANCE 1977 - 66 Offered by Councilman Markel AN ORDINANCE CONDITIONALLY REZONING A PART OF LOT ~ FROM B-1 LIMITED BUSINESS TO B-~ BUSINESS USE. WHEREAS, Ohio Savings has presented a preliminary plan to the Fairlawn Planning Commission for the development of a two story office building on a currently undeveloped lot on W. Market Street, and WHEREAS, Ohio Savings proposes to place a drive-in teller banking window on the exterior of the first floor of said building, and WHEREAS, drive-in bank facilities are permitted only in a B-~ zoning classification , and WHEREAS, the Planning Commission recognized that there are similar facilities' on W. Market Street and that the proposed development would be a proper and desireable use for the site. NOW THEREFORE, UPON THE RECOMMENDATION OF THE FAIRLAWN PLANNING COMMISSION, BE IT ENACTED BY THE COUNCIL OF THE CITY OF FAIRLAWN, OHIO' Section, 1- Subject to the conditions of this ordinance set out, the following described property is hereby rezoned for the use of a bank with a single drive-in window situated on the first floor of a two story office building- Situated in the Village of Fairlawn, County of Summit and the State of Ohio and known as being part of lot #~, formerly Copley Township; and part of block "H" in Fairl.awn Heights Estates ~, as recorded in plat book ~5, pages ~1 through ~ of Summit County Records of Plats and more fully described as follows' Beginning at a monument at the centerline intersection of Trunko Road and W. Market Street (S.R. 18); thence south 58 11' ~9" East, 600.00 feet along the centerline of W. Market S'.~[eet to a point and the true place of beginning; thence south 58vll' ~9" East, 175.00 feet along the centerline of W. Market Street to a point; thence S. ~1°~8' 11" west, 250.00 feet to a point, thence north 58° 11' ~9" west, 175. O0 feet to a point; thence north ~1° ~8' 11" east parallel to and 150.00 feet southeasterly from the northwesterly line of a parcel of land acquired by T. A. Trapas by deed recorded in volume 2107, page 610 of Summit County Records, a distance of 250.00 feet to the true place of beginning containing 1.00~ acres of land as determined by Messmore and Faye, Reg. surveyors and subject to all legal streets, highways and easements of record. Section 2' The conditions of the rezoning accomplished hereby are as follows- (A) This rezoning shall terminate and be of no further force and effect and the land shall return to a B-1 Limited Business Use in the event construction of a two story office building with a savings and loan office on the first floor thereof with provisions for a single drive-in wi6dow as approved by the Fairlawn Planning Commission is not commenced within fifteen months from the ~ffective date hereof. (B) No use shall be made of the premises except those presently allowed under the B-1 use classification excepting only that the first floor shall be used as a banking office with a single drive-in window facility incorporated the re in. (C) No other B-2 or B-~ uses as set forth in the Codified Ordinances of the City of Fairlawn, Ohio, be permitted on the premises without further action for rezoning by the owner of said premises. - 1 - .1977 - 66 ORDINANCE 1977- 66 (Cont.) Section 5- Appropriate notation shall be made on the zoning map to show the conditional zoning hereby accomplished. Section ~' That it is hereby found and determined that this legisl-ation complies with Section 121.22, 0.R.C. regarding notification of meetings and all deliberations of this Council pertaining hereto have been con- ducted in accordance therewith. Section 5' This ordinance shall be in full force and effect from and after the earliest period allowed, by law. En ac t e d' October 3 William F. Reed Clerk of Council , ~977 ~Iliehard C. Lowry President of Council Approved' October 3 , 1977 Approved as to Form- · Hart laub ... Robert H. Maxson Director of Law · I, William F. Reed, Clerk of Council of the City of Fairlawn, Summit County, Ohio,.. do hereby certify that the foregoing Ordinance 1977-.66 was duly and regularly passed by Council at a Regular Meeting on October 3, 1977. William F. Reed Clerk of Council This is to certify that on 10-13-77 the within Ordinance Resolution was published by posting a true copy of the same in five Cublic places within the City as prescribed in Ord. 1972-108. William F. Reed Clerk of Council - 2 - 1977 - 66