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CITY OF NORTH OLMSTED <br />BOARD OF BUILDING CODE APPEALS <br />MINUTES - NOVEMBER 29, 1984 <br />I. ROLL CALL: <br />Chairman Schulz called the meeting to order at 7:30 p.m. <br />Present: J. Kazak, J. Patton, and B. Schulz <br />Absent: R. Burk and R. Puzzitiello <br />Also Present: Building Commissioner E. Gundy and Recording Secretary <br />B. Oring. <br />II. REVIEW AND CORRECTION OF MINUTES: <br />The minutes of October 25, 1984 were approved as read. <br />III. NEW BUSINESS: <br />No items. <br />IV. OLD BUSINESS: <br />1) Private Cab1e Distributing, Inc. 9217 Midwest Ave., Cleveland, OH <br />Request permission to install satellite dish earth station at Westbury <br />Apartments, 25252 Brookpark Rd. Structure to be located in side yard, <br />12' from property line. Violation of Ord. 83-154, Section 1367.02-A. <br />Also diameter of structure to be 16'5". Violation of Ord. 83-154, Sec- <br />tion 1367.05. Height of structure to be 16'5". Violation of Ord. 83-154, <br />Section 1367.060 5' high screen planned. Violation of Ord. 83-154, <br />Section 1367.07. (Rehearing of ineeting of October 25, 1984.) <br />Secretary J. Kazak read the request. Chairman Schulz administered the <br />oath to N. Buckfar, attorney for the applicants, and then to J. Thoreau, <br />President of P.C.D.I., T. Carmen, Vice-President of engineering, and J. <br />Tancak, Operations Manager, and M. Landisman, owner of the Westbury. <br />Chairman Schulz advised the appellants that any variance granted <br />must be based on hardship. Mr. Buckfar presented arguments to objec- <br />tions as stated in the minutes of October 25, 1984. He refuted state- <br />ments made by Mr. J. West of West Shore Cable, since installation of <br />this service is a decision of the owner of the Westbury and the resi- <br />sents and they have a right to choose the type service they want; rate <br />protection is not a consideration since this is a competitive business, <br />not a franchise; no one is forced to subscribe to the service; that <br />because this service is entirely on private property and does not use <br />any public right-of-way, no franchise fee should be levied. Great <br />Norther.n!.,5 objections to screening and proximity to property line will <br />now be invalid since 6' screening is now planned and earth station <br />will moved 50' to the west so that location will be conforming. The <br />applicants are now only requesting two variances; size and height of <br />the dish. The applicen:ts explained that the larger dish would pick up