03/10/1987 Minutes - Laserfiche WebLink

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" PLANNING COMMISSIQN MARCH 10, 1987 PAGE 5 sold at public auction." Mr. Giesser stated that Mr. Clingman, who has owned some of this property since 1962, is requesting to develop his property as shown: either the first proposal with the 50 foot right-of-way, as was initially approved by the City in conjunction with the State of Ohio, or the alternate proposal number two, which excludes the 50 foot right-of-way and extends a cul-de-sac beyond the maximum allowed of 500 feet, pointing out that only city council could approve the variance for the cul-de-sac and the small unbuildable remnant, but that Planning Commission could approve the subdivision conditionally, as has been done before. It was.pointed out that sublot 23, in'the second proposal has one property line less than the required 135 foot depth which would require a variance by the Board of Zoning Appeals. Mr. Kosan., representing his mother who owns an adjacent vacant property, explained that originally the State had planned to construct ramps for ingress both east and westbound, and egress westbound for 1480 but those plans were abandoned at that time, but since a plan for ingress to the west may be re-activated, he is questioning what effect this would have on the development, and believes that the land should be held for that purpose. Chairman Burns responded that such a plan is being considered, and, if implemented, would erase the development. Mr. Giesser stated that Mr. Clingman's right to use his property cannot be denied on the basis that the State might some- day acquire the property. Chairman Burns read two telephone messages, one from Mrs. Buchan and one from Mrs. Roach, both adjacent residents, objecting to the proposal on the basis of traffic.congestion, loss of noise buffers agains 1480, and safety. Mr. Ralph, 4523 Brendan Lane, stated that at one time Mr. Clingman had property for an access road to the development which he sold, thus he created his own hardship. He, too, believes the land should be held until the State's plans are final- ized, Mrs. J. Swaan, 4530 Clague Road,immediately south of the 50 foot roadway stated that since they bought their property in October, 1987, Mr. Clingman could have purchased her property to widen this road, and pointed out that her house is only 12 f6et`-off the property line of the right-of--way. Mr. Gorris questioned if Mr. Klingman did not get fair compensation for the land that was taken by the State. Mr. Geiser explained that the State did not consider the land to be landloeked since there was provision made for an access from his property; but since the city_has not agreed to accept this roadway, he has been unable to develop the property. City Engineer Schaller advised that no formal action has been taken on the proposed ramp to 1480, but conceptual plans have been presented to council. Mr. Dubelko stated tfiat since these plans are not formalized, the Commission does not have to consider them in their review. It was suggested that the Commission table the proposal in order to review the history of the 50 foot roadway, but Mr. Dubelko advised that the Commission should act on the proposal. Mr. Giesser read from the minutes of Planning Commission of October 14, 1986 regarding the Bradley Oak Estates which also had a non-conformi.ng cul-de-sac, in which Mr. Dubelko advised that Planning Commission could approve the sub division subject to the council's approval of the cul-de-sac. Mr. Dubelko agreed. It was decided to vote on each proposal separately. B. Gorris moved to dis approve Deerpath Sub division number 6 propos al which incorporates an access onto Clague Road on a lot situated between two lots addres- sed, 4500 and 4530, on the b asis that the right-of-way of 50 foot