MAYFIELD HEIGHTS, Ohio -- After more than a year, and changes in plans brought on by lawsuits, final plans have been approved for a 5,000-square-foot building to be constructed at 5901 Mayfield Road, in what is now a parking lot just east of a former CVS/Pharmacy building.
In October, 2023, after learning that CVS would be leaving the building, the property's owner, the Landes Group, of Dallas, announced plans to build a Popeyes drive-thru restaurant in the parking lot it owns next to the former CVS.
City Council approved those plans in April, 2024, but the owner of Lakshmi Plaza, a strip of stores located to the rear of the parking lot, objected.
The Lakshmi owners, Mayfield Ridge Limited Partnership, and its general partner, Ivan Sokolov, filed suit against Landes and the city on the grounds that the Popeye's would block the view of the Lakshmi stores from motorists passing by on Mayfield Road.
Those lawsuits did not work in terms of stopping the project.
Landes' lawyer, Ben Chojnacki, reappeared before council in March of this year, stating that Landes, in the face of the lawsuits, re-assessed its plans, and decided to move forward with construction of a 5,000-square-foot building that will likely be home to one tenant.
At 5,000 square feet, the building will be larger than the planned 1,500-square-foot Popeyes. When asked about building a larger building, Chojnacki, at the March council meeting, stated that the larger building is 'by right permitted' for Landes to build on its property.
He added, "The consequence of that (lawsuit) was that we had to reassess the project and redevelop the plan in a way that would be both more advantageous to us (Landes Group), and to address some of the concerns the city had, as well."
Some council members said they liked the new plan better than the Popeyes plan. The 5,000-square-foot building will have its back facing Mayfield Road and will be designed to make its back attractive to passers by.
Landes also plans to repave the entire lot. The new building will have 56 parking spaces.
The CVS is being renovated to hold three tenants, as was the plan before the lawsuits.
Council, by a 7-0 vote, approved Wednesday (May 28) the final site plan for the 5,000-square-foot building.
When Councilman Michael Ballistrea asked Chojnacki if it was known when construction would begin, the lawyer replied, "I do not know. Quite frankly, the lawsuit has made it quite difficult for anything (planning) to be done."
Council also unanimously approved on Wednesday a variance for parking spaces for the new building. In 2017, council passed an ordinance requiring a landscaped buffer between every 10 spaces in such a development, but to do so would reduce by eight spaces the number of spaces Landes could include in its plans, which would have it fall below the total number of required spaces.
Short-term rentals
During its April 28th meeting, council held a lengthy discussion on how it might deal with short-term rentals of homes -- 30 days or less -- such as those advertised on Airbnb and Vrbo.
Building Director Braden Thomas told council that the city had approximately 700 rental units "that we know of."
Not having full knowledge of these homes, has led to difficulties regulating how they are rented, and any activities that may take place at these homes, especially those neighbors find disagreeable.
During Wednesday's meeting council voted 7-0 to approve an ordinance that will prohibit short-term rentals in areas zoned as U-1, residential districts.
Along with the ordinance is a stated penalty, which makes the prohibition enforceable.
If convicted of operating a short-term rental, the penalty will be a first-degree misdemeanor. Ohio Revised Code lists as a maximum penalty for a first-degree misdemeanor six months in jail and a $1,000 fine.
Before being charged, a short-term rental property owner would first get a warning. If the offense is repeated, the owner will be cited and the matter sent to Lyndhurst Municipal Court.
Ballistrea suggested Thomas look at Airbnb and Vrbo ads where Mayfield Heights homes are now being advertised as short-term rentals so that their owners can be contacted and informed of the new ordinance.
Councilwoman Kathy Telban said that the city can also contact Airbnb and Vrbo and let them know of the ordinance to ensure that ads are not placed for Mayfield Heights homes.
Council President Diane Snider sought, after the April 28 meeting, to have an ordinance put in place that would supersede the city's short-term rental moratorium, which is set to come to a close in December.