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STAFF REPORT
To: Municipal Planning
Commission
Development
Meeting Date:
December 11, 2014
Applicant:

Prepared By: Ronald M. Traub, Director

Economic & Community

Nicole Valenti of Campolas Italian Bistro and Peter J. Formica, property owner

Requested Action: Conditional Use Permit (CUP)

Purpose:

To operate an establishment with outdoor dining and drinking.

Existing Zoning:

B-2, General Business

Parcel ID Number:

16-B-053-A-00-001,002,007-0

Location:

9047 Mentor Avenue

Size:

The outdoor patio has approximately 1,056 sq. ft. under cover.

Existing Land Use: Vacant - Previously El Meson and Hobnobbers

Surrounding Land
Use and Zoning: North: Multi-tenant office building and single-family homes; zoned B-2, General Business
and single-family homes; zoned R-2 Single Family Residential
South: Mentor Kia and CVS Pharmacy; zoned B-2, General Business
East: vacant restaurant; zoned B-2, General Business
West: Estadt Chiropractic; zoned B-2, General Business
Zoning History:

Applicable
Regulations:

El Meson Mexican Restaurant was the last tenant in the building at 9047 Mentor Avenue.
Hobnobbers Bar and Grille occupied the building between 1990 and 2011. In 1993, a
covered patio was added for outside drinking and dining. The current building
configuration was established when a restaurant addition was constructed for Cicerellis in
1978 and a second floor addition in 1980. Variances were granted for a 20-ft. building
setback in September, 1978 in lieu of the required 30 ft. and the combination
residential/commercial second floor addition, in July, 1980. A variance for a 4-ft. sign
setback was granted in July, 1999.
1135.01 Conditional Use Permits Required
1155.01 Schedule of District Regulations

Engineering Comments:
BUILDING

An application to re-occupy the existing space is required where no building alterations are intended or
where no modifications are required for a change of use.

CIVIL/SITE

All easements and ownership rights over subject property shall be identified on site plan.
All existing cracked, and/or damaged, substandard sidewalk along front property line shall be replaced.

TRAFFIC

Handicap parking with van accessibility and curb ramps shall be provided and be designed in accordance
with Chapter 11 of the Ohio Building Code. Handicap signing and mounting heights shall be detailed on
the plans. Signs shall be mounted to a 7 height to bottom of sign.

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Provide copies of filed cross easements between adjoining properties to permit traffic movement as
proposed and required by permit plan.
All traffic control devices shall be designed, installed and maintained in conformance with the Ohio
Manual of Uniform Traffic Control Devices and shall be detailed on the plan. Provide appropriate
directional traffic control to promote safe and free flowing traffic movement within site. All sign sheeting
material shall be Type H reflective sheeting. All signs shall be mounted at a 7 height to the bottom of the
sign.
Recommend first two parking spaces adjacent to the pavilion be eliminated or modified into one parallel
space to provide adequate drive aisle width.
Applicant shall provide written confirmation and plan modifications with next submittal as to the disposition
of each of the above comments.
Fire Department Comments:

No comments.
Police Department Comments:
Prior establishments generated numerous noise complaints mostly from the residents of Victoria Drive.
Would recommend no amplified music. Outside music done by 11:00 pm.
Analysis:
Campolas Italian Bistro Restaurant plans on relocating from 7224 Center Street to the former El Meson
Restaurant located at 9047 Mentor Avenue. An outdoor patio was constructed in 1993 for Hobnobbers Bar
and Grille prior to the zoning requirement that outdoor patios for dining and drinking required Conditional
Use Permits (CUP). Per Chapter 1155.01 Schedule of District Regulations (l), outside dining and drinking
establishments are conditionally permitted in the B-2, General Business district. The applicant has indicated
that no building alterations are planned other than updating the interior of the bar and dining area.
An existing pavilion is located on the concrete patio situated at the rear of the building. It measures 32 ft. by
33 ft. and is set eight (8) ft. from the rear of the main restaurant building. Protective steel fencing shields the
patio from the parking lot and wood privacy fencing is placed along the adjacent properties. State liquor
guidelines require a forty-eight (48) in. minimum fence height to be maintained for the patio. Within the
structure is a U-shaped, full-service bar surrounded by twenty (20) bar stools. Tables will be placed around
the bar for seating. The applicant has stated that approximately six (6) tables would accommodate up to four
(4) people and four (4) tables will seat two (2) people. All tables are indicated to be located within the
covered structure. It may be appropriate to include a condition that no temporary and/or permanent sides be
installed on the canopy without prior approval of the Planning Commission.
The proposed business hours of operation will be from 11:00 A.M. to 10:00 P.M. Tuesday, Wednesday and
Thursday; Friday and Saturday from 11:00 A.M. to Midnight and Sunday from 1:00 P.M. to 9 P.M. The
restaurant is closed on Monday. Waiter service will provide food and drinks to patio customers. Speakers
and televisions will be installed within the canopy structure. The applicant has indicated a desire to have nonamplified acoustic performers three to four nights a week on the patio. The Police Department has
commented that prior restaurants in the area have resulted in noise complaints from residents on Victoria
Drive. The Police Chief is recommending that no amplified music be allowed on the patio and all music shall
cease by 11:00 P.M. It may be appropriate to limit the hours of any acoustical music to 11:00 P.M. The
applicant is advised that any noise from the patio must comply with Chapter 531 Noise Control.

Access to the site is provided by a one-way access drive onto Mentor Avenue with vehicles exiting onto
Victoria Drive via the rear access drive of the former Cabanas parking lot (see parking lot aerial photo). The
parking lot for both restaurants was restriped prior to the opening of Cabanas when the traffic pattern was
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reconfigured to a one-way access drive on Mentor Avenue. The Administration is requesting cross-access
easements to be provided between the properties to allow for the one-way traffic pattern currently designated
between the properties. A two-way access drive could be re-established by eliminating the four (4) or five (5)
striped parking spaces nearest the access drive on Mentor Avenue. The minimum width requirement for a
two-way access drive is 24 ft. Adequate parking is available for the restaurant use.
Conditions:
1. There shall be no live amplified music or entertainment outside of the building.
2. Soft background and non-amplified acoustic music shall be permitted on the patio area provided it does
not exceed the noise standards set forth in Chapter 531 Noise Control.
3. Outdoor dining hours shall be from 11:00 A.M. to 10:00 P.M. Tuesday, Wednesday and Thursday; from
11:00 A.M. to midnight on Friday and Saturday; from 1:00 P.M. to 9:00 P.M. on Sunday.
4. Seasonal patio furniture may be stored under the pavilion when the patio is closed.
5. No temporary and or permanent sides shall be constructed on the canopy without prior approval of the
Planning Commission.
6. Evidence of a filed cross-access easement between properties or the re-establishment of the two-way
drive shall be implemented prior to the issuance of a re-occupancy certificate.
Exhibits:

Conditional Use Permit Application, Site Plan, Patio Plan, Department Comments, GIS Aerial
Photo, Parking Lot Aerial Photo.

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