11/17/1970 Meeting Minutes - Laserfiche WebLink

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,. ' ` ?n ! • ? ?,;? Clerk of Council North Olmsted City Hall North Olmsted, Ohio 5133 Whitethorn Avenue Narth Olmsted, Qhio 44070 November 12, 1970 I am writing on behalf of the residents of Whitethorn Avenue in regard to • tne proposed zoning change from residential te multiple family of the lands east of Whitetho.rn and south of Country Club Apartments on behalf of Mr. Biskind and ivlro Shur. Attached is a copy of a map of the area and the proposed changes marked in black-cut line, lettered "B" . We have no objections to rezoning of the lands immediately south of exist- ing Country Club Apa.rtments , but do object to rezoning of the land area west of the rear lot lines of the Whitethorn residents (known as the Schupp parcel). We are asking that the portion of the zoning request which I have shaded in blue not be granted. Mr. Biskind'nas sufficient lands urder his control to builc: witllout this encroachment into single family resiclential area. Another consideration is that there are deed restrictions on the residential lots in this subdivision that prevents use of the Schupp lazid for this purpose. We realize deed restrictions are not binding on the City, but be assured we w•ill take Mr. Biskind to court to prevent such building. This type deed restriction has in the past been upheld in court, and we are confident they will be in this case. The result, tl-ien, of an unnecessary zonir;g change of the Schupp parcel would result in r.eedless legal expense on the part of the adjacent property owr.ers . The City has had pac-t experience with Mr. Biskind on violation of deed restrictions concernin.- the Whit;ehea(l property on North Park and East Park Drives . That case has provided the Cit'y of North Olmsted with many problems bez.ause tne City was not aware of (or responsible for) deed restrictions . Ad- joi-ir!'- pr,)pert}r owners took the case to court and prevented the completion of bL o= a. hc;iii.c, t'he resul_.t of ??,hich was an innocellt buyer fram Mr. Biskind w?? f;o a g,-:;at a.n-,at.nt of u:nnecessary expense (alozig with the needless e?- .. _ , ,. ni:+? , _ e 1 :C pal u o' p-opv_°ty owners ) , ._. .. ,. __ niS;c. ';r o.i propez•ty adjoi:iing White*horn has been poor, to : , t_..f., .?; -.a;, is s;:ppcse-d to be a 50 ft. bt;iffer in some places is a 12 ? ?. trafT'-, , tne a.t;:Cr:?p'_ to il.legally btiild a garage in the adjoining buffer strip, etc . Recardleu s of -?2a.sons , i'vIr , Riskind's sta.tements of what he proposes to do have not al:Frays coincideU with the results after the project has been finished. . , . ,