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the previous location and he thinks it is incumbent on the applicant to come with information that assures
<br />them or gives them some understanding of the facts. This is similar to requiring a traffic study, or safety
<br />study done by an applicant. Mr. Koeth said there needs to be information from Sprint as well. Mr.
<br />O'Malley said 1151.05 (f), indicates an engineering report will be prepared, submitted by a qualified and
<br />licensed professional engineer, shall provide proof of compliance with all applicable federal, state, county
<br />and city regulations. The report shall include a detailed description of the tower, antenna, shelter,
<br />appurtenances, shall certify the radio frequency emission are in compliance with regulations of the FCC,
<br />etc. The federal law is written in such a way as to not only discourage but to prohibit the city from issuing
<br />local regulations that address environmental concerns of this nature. This is a federal preemption, by the
<br />FCC. The issue of RF emissions and the health considerations associated with them are federal law. The
<br />applicant is required to submit and demonstrate compliance with the federal regulations. Mr. Koeth asked
<br />Mr. Richards if that is addressed in the letter he submitted to the board. Mr. Richards said it is addressed
<br />in that letter. Mrs. Joan Puinno, from the audience, said the FCC is now being sued in court because of
<br />the way the federal law is written, in not allowing environmental or health issues to be brought up. They
<br />have not set any standards. She indicated she has a lot of information on the subject and is willing to share
<br />it with the commission. Mr. Koeth asked her to share the information with Mr. O'Malley.
<br />R. Koeth made a motion to table the proposal until the next Planning Commission meeting. There
<br />have been some issued raised and he hopes Mr. Richards can address those at the negt meeting with
<br />some alternatives, along with the engineer with some different sites. The motion was seconded by M.
<br />Yager. Roll Call: M. Yager, C. Allan, W. Spalding, and R Koeth - Yes. J. Lasko - Abstain.
<br />The clerk announced that the next Planning Commission meeting will be on Tuesday, January 13, 2004 at
<br />7:30 and no further notices will be sent. Mr. Koeth indicated new site locations or other submissions
<br />should be sent to the Building Department 2 weeks prior to the next meeting. He added that if the Parcel E
<br />proposal is back on the agenda for the January 13 meeting, he would like to talk with Mr. Conway about
<br />making sure they do not load up the agenda. Mr. Rymarczyk indicated the agenda is full right now with
<br />Ganley, Dunkin' Donuts and Sprintcom coming back. He said Mr. Conway will be able to direct them on
<br />the agenda items.
<br />IV. NEW DEVELOPMENTS AND SUBDIVISIONS:
<br />1. Lot Split and Consolidation Plat for 25600 Lorain Road (Ganlev Westside); (WRD 1)
<br />The proposal it to 1) Split Permanent Parcel Number 232-34-011 (approximately 1.7334 acres) into two parcels, and
<br />2) Consolidate 1.1293 acres of Permanent Parcel Number 232-34-011 with Permanent Parcel Numbers 232-34-012,
<br />232-34-013, 232-34-014 and 232-34-015. The consolidated parcel will be 7.1591 acres. The location is on the north
<br />side of Lorain Road approximately 160 feet east of Ranchview Avenue. Zoning for the portions of Permanent Parcel
<br />Numbers 232-34-011 through 232-34-015 within 500 feet of the centerline of Lorain Road (south potion) is Retail
<br />Business, General. Zoning for the remaining portions (north potions) of these parcels is B, Residence, Single.
<br />The existing Ganley Real Estate Company and Rozakis Family, LLC parcels conform to the area requirements of the
<br />Zoning code. The existing Ganley Real estate Company parcels 232-34-012, 232-34-013, 232-34-014 and 232-34-
<br />0 15 do not conform to the lot width requirement of the zoning code. The required lot width is 150 feet and the actual
<br />widths are approximately 89 feet, 89 feet, 107 feet and 81 feet, respectively measured perpendicular to the mean lot
<br />depth line.
<br />The proposed Ganley Real Estate Company parcel will conform to the area and lot width requirements of the Zoning
<br />Code. The proposed Rozakis Family, LLC parcel will conform to the area and lot width requirements of the Zoning
<br />Code. The required area is 40,000 square feet, and the actual area will be approximately 1.2 acres.
<br />THIS PROPOSAL HAS BEEN WITHDRAW FROM THE AGENDA AT THE REQUEST OF THE
<br />APPLICANT. THE PROPOSAL WILL RETURN TO THE PLANNING COMMISSION ON JANUARY 13,
<br />2004.
<br />1. Rezoning for 25600 Lorain Road (Ganlev Westside); WRD 1
<br />The proposal is to rezone the rear (north) portion of Permanent Parcel Numbers 232-34-011, 232-34-012, 232-34-
<br />013, 232-34-014, and 232-34-015 from B, Residence, Single to Reta.il Business, General. Current zoning for the
<br />portions of Permanent Parcel Numbers 232-34-011 through 232-34-015 within 500 feet of the centerline of Lorain
<br />Road (south portion) is Retail Business, General. Current zoning for the remaining portions (north portions) of these
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