06/14/2006 Minutes - Laserfiche WebLink

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CITY OF NORTH OLMSTED PLANNING & DESIGN COMIVIISSION MEETING COUNCIL CHAMBERS WEDNESI)AY, JUNE 14, 2006 NIINUTES 1. CAUCUS: 7:15 PM H. ROLL CALL: Vice Chair Mahoney called the meeting to order at 7:30 pm. PItESENT: Members R. Bohlmann, J. Cotner, G. Malone, M. Mahoney, M. Meredith and M. Yager. ALSO PRESE1o1'I': Planning Director K. Wenger, Assistant Law Director B. O'Ndalley, Building Commissioner D. Conway and Clerk of Commissions D. Rote. ABSEN"Y": J. Lasko Jr. ffio REVIEW AND CORRECTION OF MINUTES: IV. OLl) BUSINESS: 1. Cingular Wireless; 6881 Barton Road: (WRD #4) Proposal consists of co-locating a telecommunication antenna and site improvements. Note: PDC tabled the proposal on 04-26-06 & 5-24-06. Applicant will require variances. Mr. Conway reported that the access drive, hanmerhead turnaround and bypass submitted were approved by the Safety Director and the plans show landscaping on three sides wluch aze visible to the right-of-way and the fourth side faces residential area but there are existing woods which blocks the antenna from view. Variances are not required and the proposal is a permitted use but he would like clarification from the applicants that the proposed three- sided landscape areas are 15-feet wide. Mr. O'Malley reviewed that since the last meeting he had been working with the Building Deparhnent and the applicanYs attorney in an effort to address the commissions concerns and guide the applicants. The applicant's wish is to proceed as a permitted use in lieu of requesting a conditional use permit. The commission requested a ruling from the Law Department as to whether or not the existing tower is either a legal or non-legal non- conforming stnacture. It is the applicant's burden to show that their structure is a legal non- conforming structure and not the burden of the City or the Building department. Hovvever, at this point the applicants have failed to provide adequate evidence that their tower is a legal non-conforming tower. Furthermore as the applicants are proceeding as a permitted use the issue is now a moot point. The Safety Director's requests were accommodated by the applicants, and the Building Commassioner does not require all four sides of the tower be landscaped as CEI will not a11ow a11 4 sides of the tower landscaped as access to the tower is needed. He recommend that the commissions approval be based on chapter 1151.04 (C 1)(A) as a permitted accessory use. Mr. Sataaawala with Cingular Wireless and Mr. Graves, the applicant's Attorney, were present to review the proposal. 1Vdr. Satazawala reviewed the new documents submitted for