Marcia A. Hirschmann said she doesn't want a staff proposal to change the setbacks in commercial and institutional zones to be known as the "Bob Evans amendment," but acknowledged it would take care of a problem that has prevented the restaurant chain from building where it wants.

The proposal is different from an ordinance Hermitage commissioners already have introduced.

Under the current ordinance, a building must be 50 feet back from the center line of the road in central commercial districts, 60 feet in institutional districts and 90 feet in the highway commercial zone.

The commissioners have introduced an ordinance that changes the setback in those zones to 25 feet. This change was proposed in the state Route 18 North Corridor Study, and would allow Bob Evans to build a restaurant on its preferred site in Hermitage Square Plaza.

The restaurant chain was denied a variance to build 25 feet from the center line instead of 50 feet.

City staff came up with an idea that not only changes the setbacks but would further officials' efforts to create a more pedestrian-friendly atmosphere and add green space to commercial districts.

The proposal also clears up discrepancies over where sidewalks and front green area would be located.

According to the proposal, developers must provide a 25-foot-wide green area containing sidewalk, landscaping, lawn and utilities. The greenway would start at the curb or edge of the road.

Officials are trying to eliminate parking lots that are separated from a road only by a curb.

All buildings would be at least 10 feet from the legal right-of-way, but no part of a building or parking area can encroach on the green area.

The proposal would allow buildings to be built closer to the road. In some cases, they could be built at the edge of the green area.

Commission members pointed out a potential problem in cases when an existing building is planned for a new use, which would trigger regulations in the new proposal.

In the example such as the Eat'n Park building on East State Street, if the restaurant closes and a store wants to open in the building, the developer would have to rip up about 17 feet of parking lot to put in the green area. That might cause the store problems in meeting the city's parking requirements.

"I don't think our purpose should be to create hardships for people," said commission member Dr. John V. Coupland. "All we do is create hardships for people."

Alternate zoning hearing board member Gina Ehrhart said she would like to prevent developers from having to bounce back and forth between her board and the planning commission to get issues resolved.

City Manager Gary P. Hinkson said the ordinance needs to have some flexibility so fewer cases will have to go before the Zoning Hearing Board.

Ms. Hirschmann said a clause could be added for existing sites that the width of the greenway can be modified so the site will not fall below parking regulations.

The commission recommended that the ordinance be amended by the proposal and the modification.

Hinkson said he was not sure if the changes will derail the ordinance that has been proposed, or if it can proceed as amended without the process starting over.