09/24/1985 Minutes - Laserfiche WebLink

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PLANNING COMMISSION SEPTEMBER 24, 1985 PAGE 4 by the City ( 50' right of way does not conform to code, 60' is required). Required 30' radii are not provided at intersecting streets. Mr. Clingman presented a letter he wrote the Commission as to what the-plan is for the Clague Road/Elm Road Area; what the general plans are for streets in this area, and does his proposed subdivision conform to that plan. He objected that he is being deprived of the use of his land; that the former mayor agreed to the 50' right of way when the City entered into the agreement with the State prior to the construction of I-480 (included in his letter is a copy of a letter from C. M. Yurick, Division Deputy Director, Division 12, State of Ohio, Department of Highways, written by W. G. Spilburg, Design and Planning Engineer; written October 11, 1968 which:refers'to the fact that Mayor Christman has agreed that the 50' right of way on this portion (Elm Road) would be acceptable). Mr. Clingman maintains that Ordinance 68-4 gaver the mayor authori'zat36n-and -directed liim to enter into this agreement,-theveby approving the 50' Elm Road right of way. Assistant La.w Director Dub.elko,,stated that the fact that the right of way had been approved previously does not mean that the City must ap- prove;.. it -now. Proposal does not conform, to-the Zoning.: Codes .: and the proposal should-not be before-Plannirig:Commission. = Mr. Dubelko advised Mr. Clingman=.that he should be- dealing with:_the Mayor's.office.. Mr. Clingman stated that other property owners, beside himself, have been deprived of the use of their.land and requested that these problems be resolved so that they can develop their property. Neighbors viewed the proposal and most objected to it: concern is that they would be assessed for the proposed street, 50' street would be too close to the adjacent houses, and they objected to having to_:come to a meeting again since pro- posal is not conforming. A representative of Mrs. Kosan;-who owns some of the.landlocked property, questioned why the S.tate-.took.some of their front property but has not put in a. road so that- they- can have-access to their land. B. Gorris made a motion to deny the proposed Deerpath Sub- division #6 based upon the fact that it does not meet the code in that it has neZther 60' access onto Clague, nor 30' radius on the curbs, seconded by J. Burns, and unimously approved. Mr. Morgan questioned if a conform- ing plan were brought before the Board, but without the vacation or the City's consent to vacate El-m Road, would the Commission be able to approve it, or should Mr. Clingman get the consent prior to coming before the Plan- ning Commission. Chairman Burns replied that he should establish that he could acquire the right of way for the road and that the access way onto Clague Road would have to meet the 60' requirement or that Council taould have to allow him to deviate from it. 2) Jamestown Village Assembly Plat Heard under Building Department Requests, item 3). V. COMMUNICATIONS: No Items VI. NEW BUSINESS: No Items.