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I J ? F ? <br />agreement constitutes an appendage to the use of the property. The applicant has not seen any <br />specific court action, however, said this is not an impossible thing to accomplish. Mr. O'Malley <br />said if someone were to open up the property records, they could see the history and would be a <br />notation referencing the court case and the decision. <br />David Jung, 25566 Lorain Road is concerned about the drainage issue and wanted to make the <br />Commission aware that the drainage creek does a poor job of dealing with the water line as it <br />currently is. Is this proposed retaining system adequate to sufficiently divert the new water <br />volume to a system that already inadequately handles it. Chairman Koeth said new <br />developments work with the engineering department to make sure they meet requirements of <br />detaining the water on their property. Mr. Jung inquired how this affects surrounding <br />properties. Mr. Durbin said surrounding properties are taken care of as well. The proposal is to <br />reroute the stream and clean it out and make it more efficient to get the water off the property. <br />Ms. Hoff-Smith said this was discussed extensively two years ago. Another issue raised was <br />that surrounding property owners were never approached by Ganley representatives to discuss <br />the specifics. Chairman Koeth informed Mr. Jung that part of the development process, abutting <br />property owners are notified. Mr. Jung asked if he could obtain a copy of the proposed plan. <br />Chairman Koeth asked Mr. Jung to gather all the neighbor's names and have a meeting to review <br />the plans with the residents. He further advised the neighbors to take advantage of this <br />opportunity. Ms. Hoff-Smith said that if future issues arise long term, this would be a good <br />will building exercise for solving them. <br />Tim Feller recalls the applicant refusing to put up mounding and does not remember an <br />agreement being made about any distance from property lines. Ms. Wenger said BZD <br />Committee had made changes to the plan before being recommended to Council. City Council <br />voted yes on the development plan, however, rezoning was denied. Ms. Hoff-Smith attended the <br />BZD meeting and indicated the drawing was approved. Ms. Wenger said the determination was <br />made at the meeting. Ms. Wenger told him notices were sent out. <br />Ganley had a lawsuit and the City settled. <br />The resident said they were not informed with what was going on and said they are taking a back <br />seat again. He wants to know what the mounding and landscaping will be. The Commission <br />informed him the plans are in the engineering department. <br />? R. Koeth move to approve the Ganley lot split and consolidation, 25600 Lorain Road as <br />previously read with the addition of adding some notion of the court settlement to the print to <br />reference the settlement agreement, court case entry and docket entry. J. Lasko seconded, <br />which was unanimously approved. <br />COMMITTEE REPORT: <br />Ms. Wenger said BZD recommended approval of the plan as is and second reading will be June <br />7th, third reading June 21St. Chairman Koeth suggested that members try to attend the June 21St <br />meeting at 8:00 p.m. <br />Ms. Wenger mentioned that the City will be undertaking is a recreation plan. This issue was <br />raised in discussion between the city and schools about cooperative efforts for recreational