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/ ? Planning Commzssion 2/13/73 - 2 ?- _.. ,r ? Sections 1204.02 and 1202.01 of the zoning code. Mr. Powers further stated this Commission has a duty. Determination must be made by this Commission to approve as approved by Council. Plans are taithin the details of preliminar.y plan .. which have been approved by this Commission. Then Mr. Powers went on with his opening statement: Planning Com- mission has not imposed any condition - the only condition could be thP sanitary sever. The city has been issuing build- ing permits and should not deny Barclay Square. This is denial of property without due process of law. Transcon versus the City of Ashtabula has proven the cit.y has obligation to pro- . vide sewers. Failure of inembers to approve sugjects members to civil rights damages under the laws of the United States. Planning Commission has not had traffic study. Mr. Richards requested Mr. Powers' statement in writing. Mrs. 5aringer (who came in from another meeting) said the pre- liminary plans did not include drainage plans nor were they in- cluded in the final plans. Mr. T,,:'est stated Council has not approved anything except pre- liminary plans and that by voice vote. Council has warned sanitary sewers could be a hang up for Barclay Square. The sewer study took longer than expected. The sewers south of Lorain Road were studied. The sewers are not capable of handl- 4k ing this project with the extra effluent. The sewers are re- ported inadequate. Nlr. Byers moved to reject the plan. 1'!r. Tubbs seconded and the motion passed unanimausly. V. New Developments and Subdivisions (a) M. B. M. Company ?ubdivision consists of one 200 ft. lot. Request is to make two 100 ft. lots. No one came forth representing the subdivision and there is one existing house. Mr. Ledvina moved to place in committee until more informa- tion on location of house on lot is available. ilr. Brevaer seconded and the mation passed unanimously. VI. Communications The Chairman spoke of letter he received from NTiami University regarding Recreation. The Chairman had petition from iVorth Park Home Owners Associa- tion regarding rezoning from B to A. John Kilbane, President of North Park Estates and other members were present. The peti- tion is signed by a1l home owners. The vacant lots, in different areas, have five owners. The five owners of the vacant lots were not present nor were they represented. There is 90 sq. ft, in- crease in size of A zoned homes. Only 3 homes in the B zoned ? area (70 ft. wide lots) are B while all others are A. Members of North Park Home Owners Association feel B homes would degrade the area. Suggestion was macle of possibility of A Cluster Zoning. Mr. tnrest said the only alternate is to rezone to A and then get