07/10/2001 Minutes - Laserfiche WebLink

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Kayhelski, a neiahbor, indicated that she does not want to look out her rear window and see a house at the edge of her property. Her home is already at 50 feet from the rear of her lot and a home on the rear lot would only be about 65 feet from their rear windows. There are power lines, which only hold five homes now and blow up all the time. If an additional home is added to the pole, the power problem will only get worse. CEI uses the rear of these lots now to get to the poles when the transformers blow out, if a home is built how are the CEI trucks going to get access to the poles. Mr. Koeth indicated that there is a 25-foot easement wherever the CEI poles are. Mrs. Kayhelski suggested that there has been a problem with the CEI poles since she moved into her home in 1985. One of the reasons they purchased the home was for the green space behind the home. Mr. Tallon questioned where her home was located. Mrs. Kayhelski commented that her rear property lined up with the McCool lot, so if they sell part of their lot the home would be in her backyard. Mr. Allan suggested that the neighbors are looking too far into the future and speculating what may or may not happen. The Law Department has advised this board that there is nothing they can do about this, it is a done deal. Furthermore, he hopes that the Planning Cominission does not come off looking like the bad guy in all of this when their hands are tied. Council already passed an ordinance for the sale of this land. Mrs. Kayhelski remarked that, why would anyone purchase land if they did not want to develop it. Mr. Tallon indicated that Mr. Kronz has made it clear that he wants to develop the land if he gets the McCool property. Mrs. Kayhelski sugaested that homeowners in the past have tried to purchase the rear lot for green space and were told "no" now it is sold and no one is told it was up for sale. Mr. Tallon indicated that the sale of the land was done through the administration office. H is not sure how it was done, but then the administration presented the deal to Council and Council then passed an ordinance to sell the land. Mr. Hreha indicated that the audience should understand that what took place here was approved by Council, Planning Commission was never involved until tonight. Furthermore, Mr. Nashar suggested Council has second thoughts about what was done and hopes that the Planning Corrvnission can undo what was done. However, the legal department has informed this board that they can not turn this down. Mr. Tallon reviewed that the board was in a position that they can not do anything to help the residents at this tiine. Mrs. Kayhelski suggested that what the residents have to say here does not count, that is what the board is saying. Mr. Tallon assured her that what the residents say does count that is why they are invited to speak. However, this board has to uphold the laws of the City and according to the Law Department, the contract has been completed. If this board denies the lot split it would open the City to a lawsuit. Mr. Allan remarked, that each of the Planning Commission inembers are volunteers and they do care about the City. However, they have taken an oath to uphold the laws of the City and that is what they have to do now. Mrs. Ballinger questioned why they were not notified of the sale of the rear land when it was sold. Mr. Dubelko indicated that there is nothirig in the City code that requires City Council to give notice to abutting property owners when they are about to sell land they own, that is why no notices were given. Mr. Hickernell questioned what would happen to the creek if the parcel were split, would the creek be filled in so there is access to the lot. Mr. Deichmann indicated that there is a channel and the city will maintain an easement on the entire channel. The only access would be by way of a bridge, as they can not decrease the cross-sectional area or culvert the channel in any manor, which would decrease its cross-sectiona] area. The best way to do that is to build a bridge. Mr. Hickernell questioned what would happen if emergency vehicles had to have access. Mr. Deichmann indicated that that would not be the only home in North Olmsted serviced by a bridge. Mr. Stephenson, a neighbor 6