09/09/2003 Minutes - Laserfiche WebLink

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.? • .'.? 1. The Home Devot; 26241 Brookpark Road: Proposal consists of the Building Zoning and Developinent Committee sending this matter back to the Planning Commission for judgement of miss-notification of Country Club Condominium residents and further review. Note: Planning Commission approved this proposal 6/24/03: Chairman Koeth called all interested parties forward to review the proposal. As there was no representative from Home Depot present, the chairperson asked that the association representative to come forward to address their concerns. Condominium Association comments: W. John Hogan the treasure of the Country Club Homeowners Association came forward to speak for the association. Mr. Hogan questioned the tax ramification of the addition to Home Depot compared to the decrease in value of the condominiums. Mr. Koeth indicated that the commission does not address tax issues the association would need to discuss that with Council. Mr. Hogan voiced that every condominium, which abuts Home Depot, will be effected by the fence. He suggested that the County lowered the value of the condominiums, which abuts this proposal and allowing the fence will lower the property values again. Mr. Koeth indicted that the proposal for expanding the fence area is within the required setback of the strip-mall. He asked the Building Commissioner to review the expansion. Mr. Conway indicated that there are no variances required for this proposal the Commission reviews adverse impact related to the type of use, which may be associated with the proposal. There is no significant change to what is currently there now. Mr. Hogan voiced that the applicants should provide a buffer to the condominium owners as the mounds and 6-foot fence in not enough. Mr. Koeth questioned what the association wanted. Mr. Hogan suggested that they wanted a wall as well as additional time as they were not properly notified of the proposal. Mrs. Hoff-Smith suggested that the commission could address lighting impact, visual impact, as well as the entire site plan as the applicants are asking for an addition. She felt that both parties should be present and Home Depot should be more aggressive with their good neighbor-ship. Mr. Hogan would like to invite Home Depot to contact the association to discuss the issues. Law Department Comments: Mr. O'Malley questioned if the commission had past practice regarding tabling an issue when an applicant is not present. Mr. Spalding questioned if Home Depot was notified. Mrs. Rote indicated that in addition to the mailed notices she faxed an agenda and legal notice on September 4, 2003 to Mr. Roy Garland the construction project manager at Home Depots headquarters in Illinois. Mr. O'Malley suggested that although it is common for Planning Commission to allow residents to voice their concerns without the applicant present it places the Planning Commission in an awkward position. The residents will expect Planning Commission to answer for Home Depot and the commission is not present to defend Home Depots plans. Condominium Association comments: Mr. Hogan remarked that first of all the Homeowners association was never properly notified. At this comment multiple board members voiced that they needed to move forward beyond that. Mrs. Hoff- Smith voiced that the commissioners appreciated the association being present and the commission wants to hear what they have to say. However, planning commission has to balance out what should or could be done for all parties involved. Mr. Hogan indicated the association would like Home Depot to meet with the entire association board. Mr. Koeth recommended the association contact the new Home Depot store manager to discuss their concerns. The association should meet with Home Depot before they return to Planning Commission. Mr. Koeth indicated that the board would table the matter until Home Depot is represented. Further comments: 2