The City of Cortland Planning, Zoning & Building Commission met on Monday, September 10, 2012 at 7:00 P. M. at the City Administration Building, 400 N. High Street, Cortland, Ohio. In attendance were the following board members: Chairman, Scott Daffron, Sally Lane, Charles Peck, Jim Chubb and Bill Sasse. Also present were Mayor Curt Moll, Service Director Don Wittman and Law Director Patrick Wilson and the following individuals:


Lou Desimone 4833 Darrow Rd. Stow


Scott Daffron: Today is Monday, September 10, 2012. Id like to call to order the Cortland Planning, Zoning & Building Commission. Can we have roll?

Roll Call: Bill Sasse, here; Sally Lane, here; Scott Daffron, here; Charles Peck, here; Jim Chubb, here.


Scott Daffron: Can I have a motion for approval of commission minutes for August 13, 2012?


Charles Peck made a motion to approve August 13th, 2012 Regular Meeting minutes, seconded by Sally Lane.

Roll Call: Scott Daffron, yes; Charles Peck, yes; Sally Lane, yes; Jim Chubb, yes, Bill Sasse, yes. MOTION APPROVED.


Scott Daffron: No old business, so move on to new business: Can I have a motion for approval of 20-12 Set public hearing for Use Permitted Upon Review 1000 Fowler St., Parcel No. 34-098751. The purpose of the public hearing is to consider a Use Permitted Upon Review within an industrial district to use the existing warehouse for secondary metals industry. Set for October 8, 2012 @ 6:45 p.m.

Bill Sasse made a motion for approval of 20-12, seconded by Charles Peck.

Roll Call: Jim Chubb, yes; Sally Lane, yes; Bill Sasse, yes; Scott Daffron, yes; Charles Peck, yes. MOTION PASSED.


Scott Daffron: Next, can I have a motion for approval of 21-12 Property Split 0.124 acres to be transferred from LMD Properties to Larry Ainsley. This is a transfer of 20 x 270 strip of property so that garage and asphalt drive lie only on one property. Also allows for access easement for use of the driveway to be retained by LMD Properties.

Bill Sasse made a motion for approval of 21-12, seconded by Charles Peck.


Scott Daffron: Who do we have to represent this tonight?


Lou DeSimone: Lou DeSimone.


Scott Daffron: What property exactly is being transferred? The black box?


Don Wittman: The .124 acres which is delineated in the black box as indicated on the Map of Survey and Subdivision is being conveyed from LMD to Ainsley. It is currently a metes and bounds description. A portion of that is on the property south of the driveway. Mr Ainsley is purchasing the property north of that parcel and he is going to utilize that driveway to access the garage and house to the north of that. Mr. DeSimone is going to retain an easement access as shown in the area with the dotted line so he can access the garage on the house on the South property. Currently he owns both properties and this was necessary to sell the property to the north.


Scott Daffron: Where we have the line, where it says LMD Properties Limited on the north side, what is that designating?


Don Wittman: That is currently owned by LMD or was at the time this was prepared. It is going to be conveyed to Ainsley.


Mayor Moll: So he will own everything north?


Don Wittman: South of the box will be retained by LMD, north of the box and the black box will be conveyed to Ainsley.


Scott Daffron: Okay, that is where I was confused.


Don Wittman: We have done this before when there is a property dispute as far as whose driveway is where and we have carved out a strip and allowed them to create a parcel without going through the whole subdivision and platting process. The only thing that is confusing this right now is all of the parcels are shown to be LMD ownership. At the completion of this deal all 3 parcels will be conveyed to Ainsley.


Jim Chubb: So Larry is going to own all of that?


Don Wittman: Correct.


Scott Daffron: The 2.44 acres, the .516 acres and the .124 acres?


Don Wittman: Correct. The other part of the garage is on the bulk plant which is going to Mike Ainsley and Larry will have to work that out with Mike. This clears up access to the garage and retains an access easement for LMD so transaction can go through and all parties can be happy.


Mayor Moll: Isnt there a garage on that other house too?


Lou Desimone: That is why I need the easement to get to that back garage.


Scott Daffron: What is running through my head, is that we are approving this split and are we creating a bigger hazard without this already being owned by Ainsley. If this property was not purchased by Ainsley, it could present a bigger hazard than we already have.


Don Wittman: Ainsley is taking ownership of the driveway and will take over maintenance of that driveway which is within his property and then there will be a right of access.


Mayor Moll: Will this be combined into one lot or separate?


Don Wittman: The auditor will combine it into a single lot because it is still a metes and bounds property description.


Scott Daffron: Any other questions? Seeing none, can we have a vote on 21-12?


Roll Call: Scott Daffron, yes; Jim Chubb, yes; Sally Lane, yes; Charles Peck, yes; Bill Sasse, yes. MOTION APPROVED.


Lou Desimone: Thank you ladies and gentleman.


Don Wittman: If you will wait 5 minutes we will get you signed copies so we can save you a trip.


Scott Daffron: Anything to add before we adjourn?


Bill Sasse: I have just one thing to bring up. The other day I was driving by the Jeep Dealership and people were crossing the street. The salesman was taking people across street to show cars and they got stuck in the middle of the road with traffic going both ways. It was very unsafe, is there anything that can be done about that before someone gets hurt?


Mayor Moll: Bridges and tunnels that is about it.


James Chubb: But I dont think they are going to spend the money.


Bill Sasse: They are crossing there quite a bit. Eventually someone is going to get hurt.


James Chubb: They have more cars over there than they do on the other side.


Bill Sasse: Just thought I would bring it up.


Scott Daffron: Can we have a motion for adjournment?


Charles Peck made a motion to adjourn the meeting, seconded by Sally Lane.


Roll Call: Sally Lane, yes; Bill Sasse, yes; Jim Chubb, yes; Scott Daffron, yes; Charles Peck yes. MOTION PASSED.


Meeting Adjourned: 7:10 pm.



_ ____ _______________________

Scott Daffron, Chairman Date Teresa Barnovsky, Secretary