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? ?. BOARD OF BUILDING CODE APPEALS NOVEMBER 29, 1984 PAGE 2 from three satellites and that three 12' earth stations would be re- quired to do this and that ordinance limiting size to 12' would seem to be based on residential needs, not commercial needs; larger dish provides more service and a better quality of picture and would be necessary to provide total service to all apartment units; height of the structure would vary since the dish pivots, but at no point would height exceed 17` and.frequently would be within 3" of the 16'5" height limitation. They also pointed out that in three years satellites will be moved 2 degrees closer and that smaller dishes would not be effec- tive. They questioned if the concern for the size of this dish was simply a matter of aesthetics. Mro Richland of Great Northern was sworn in and stated that his suggested alternate location had been dismissed by Mr. Tancak on the basis that the location would be more visible to the tenants of the building, so his conclusion was that aesthetics must be a concern of the Westbury and was definitely a concern of Great Northern's. He questioned that if the number of sta- tions were limited by the ordinance (number is not limited); and it is his belief that ordinance should limit the number of dishes permitted on one property and should also set standards for commercial installa- tions. The applicants again advised Mr. Richland that 6' fencing would be installed and that they could use evergreens on the north and east side to obscure the structure. J. Thomas, an employee of West Shore Cable, was sworn in, and stated that as a resident of North Olmsted, appearance is important to him. He stated that West Shore's dish is not visible to the public, and he questioned what hardship is involved in this request, Mr. Thoreau replied that West Shore Cable undoubtedly had a mucfi larger dish than 16' and that the ordinance is based on res- idential requirements, and in order to provide quality service to an apartment building this dish is necessary (residential dishes can be beamed to pick up signal from whichever satellite the:owne.r wants to use). Chairman Schulz stated that he has concern regarding the??size, and he believes that granting this variance could set a precedant for request for even larger earth stations throughout the city, he ques- tioned the necessity for.such a large structure since in his studies, only 12' dishes were mentioned. He thinks that perhaps the city should call in a consultant to study this problem. He can see no hardship since a conforming dish would offer some type of service, even if not quite as extensive. Mr. Tancak stated that with new technology, in the future, installations will.probably be smaller, so concern that larger dishes will be requested may. not be realistic. J. Patton moved to deny the request since there has been no hardship proven, seconded by J. Kasak, and unanimously approved. The Board would like Council to study this ordinance further and perhaps even call in a consultant. J. Patton moved that all Council Members and whoever else receives the minutes of this meeting, receives a let- ter to bring it to their attention that the Board thinks this ordinance needs to be updated, seconded by J. Kazak, and unanimously approved. Regarding the Flagner house which had been before the Board previously for condemnation: the neighbors are complaining about the condition of the property. There has been a problem between the owner and the