12/03/1991 Meeting Minutes - Laserfiche WebLink

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Minutes of the Public Hearing December 3, 1991 to recommend that all remaining area around this parcel remain as it is zoned now; or, at the very most, a slightly higher zoning; but certainly not commercial. He hopes that when the Master Plan canes before Council, that Council will keep this in mind and not decide to make arty changes in that particular area. The residents have had it with commercial encroachment in a residential area and do not want it to go any further. Cary Brabander, 5005 Columbia Road, is a new resident to the area and is dismayed with the situation. He came to the meeting for information and particularly wanted to know if Mr. Biskirxi owned the property west of this parcel. He was told that it was owned by Mr. Bi.skind. He then wanted to know why this parcel is being rezoned when the parcel to the west is already Mixed Use. Mr. McKay attempted to give Mr. Brabander a history of the property. The property was purchased by Mr. Biskind approximately 42 to 5 years ago. When the rezoning was brought to Planning Canmissi.on, he objected to it as the Counci.Lnan from Ward IV. The Plamvng Commi.ssi.on agreed to look at the matter in relation to a Master Plan; however, the Master Plan was mt introduced during the next 4 years. Rezoning was again attempted, and there was a good deal of opposition from the homeowners. Last year, Mr. Biskind again applied for rezoning. It was passed by Council and vetoed by Mayor Boyle. Mr. Biskind then filed suit against the City. Council has opposed this rezoning as far as they can. If the court makes a determination, there would be no deed restrictions. Also, if this matter went to court and the City lost, then anything that is permitted in a Mixed Use District could be put on that land. By settling out of court, Mr. Biskind and the residents have agreed to a nunber of deed restrictions. Maureen Diver, 24711 Mitchell Drive, wanted to know how residents should fight this type of encroachment in the future. She and her husband had investigated the vacant land behind their hane before purchasing, and was told it was residential. However, the ].and. did not stay residential and. has now been zoned to allow for office buildings. It seems that the residents contirn~e to lose. She said that perhaps the hidden message is that nobody should buy anything in North Olmsted because it is going to get eaten up. Mr. Leonard wanted the audience to know that Council did put up a fight against this rezoning. However, Council was advised by the Law Director that hie could not defend this position if it were to go to court. The problem isn't with the City officials, it is a problem with the courts. If a judge decides that the property would be more suitable to the City as Mixed Use, that is how he will rule. We have begun to fight this problem with the development of a Master Plan. The Master Plan will give us a legal basis from which we can fight these situations. Mrs. Bahas expressed a word of caution about the Master Plan: what is proper for this decade arxi the next, may not be proper in a third decade. Council hopes the Master Plan will last for a long time, but it probably will be challenged in years to come. The Fublic Hearing was adjourned by President Boehmer at 7:38 p.m. ~~ ~~Ol ` rbara L. Seman, C e of Counci ames D. r, esi ent o Counci 3