05/23/1995 Minutes - Laserfiche WebLink

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? r back into the building for security. Mr. Coury stated that the staff was also trained to observe for security. The forester had noted that one of the trees on the property could be saved and the developer was advised that the forester would work with them W. Herbster was advised that the open retention would be aerated and since he is also concemed about safety, he asked if the Metro Parks would not allow a fence, could there be a fence installed on the property line to keep cluldren and elderly people away from the lake. 1V1r. Conway advised that the building codes require a fence, and some exemptions have been allowed if some thorny plantings and rocks have been installed to hinder access. This would have to be reviewed by the board of building code appeals. Mr. Herbster would like some assurance that the lake will be fenced. Ms. Cameron-Alston asked who would be liable if there were a problem_ Assistant Law Director Dubelko advised that there would not necessarily be any liability for a lake and he believed that there would be immunity from plauning -a lake in a recreational area and as well as a recreational user immunity statue that would also provide immunity from liability. Mayor Boyle stated that this is not the only lake in the parks. In regards to who will maintain the lake, he believed that all the entities, the Catholic Diocese, this developer, the Metro Parks, and the city would share in the maintenance of the lake. He doubted that the lake would be lighted since that might attract people back there, but there probably would be some security lighting. Mr. McDermott advised that an assembly plat would be required. There were no residents present. The members discussed the motion. Mr. Conway clarified that, even if the lake is not approved, the developer stated that he would put in underground retention on his own property, and that Engineering would not approve the proposal if there was not a satisfactory retention plan. Motion: T. Manning moved to that the Castle Pines proposal, located on property currently shown at 30338 and 30374 Lorain Road, to construct a senior citizen's complex with apartments, assisted living m,its, and a nursing home facility which was heard by board of zoning appeals May 15, 1995 and by the architectural board of review May 17, 1995 be accepted and referred to the BZD Committee of Couucil with the following provisions that were discussed here tonight: that there be wall mouuted lighting that would insure that the lighting will be kept on the property; to accept the new outside building materials that were presented tonight, but we would like to have Mr. Yager of the arclutectural review board review these materials before they go to B.Z.D. Committee; to accept the trash enclosure as discussed; to ask the developer to meet with Tom Terbrack of the North Olmsted Municipal Bus line to clarify what he is requesting and see if they can come to some agreements on a bus shelter; ask that the developer meet with D. Wendell, the city forester, to work with him regarding saving the tree that he mentioned in his memo; with the further condition that the legalities of the easement with St. Clarence be worked out and also that side entrances be included on both sides of the building.. The commission will also accept the reduction of the rear and side yards as shown on the plaus. The motion was seconded by R. Koeth, and unanimously approved. 2) Fortney Weygant, Inc., property located on the southeast side of Bradley Road, immediately east of the Lorain/Cuyahoga County line. I'roposal to construct 2 story ogice building. Tlus proposal was withdrawn from the agenda since the developer has advised that the location has been changed. 3