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Tuesday, September 10, 1991 THE CINCINNATI ENQUIRER EXTRAEast Central 5 .Residents cam challenge hillside development East Walnut Hills Calling the case a 'gray area' in the city's law, Cartolano said, "These people, while they did not make a specific request, made a request by implication." The judge said that after three public meetings, the city was aware of who the opponents were and knew that they would want copies of the decision. "I think City Council was incorrect and I am sending (the appeal) back to City Council," Cartolano said. Relieved to see the issue cleared up and the ruling in his favor, Wright said, "I'm just glad that were allowed to use due With the demolition completed, Helton submitted building plans to the city planning department. Because the property lays within an EQ (Environmental Quality) district, the plans were subject to public hearings. Three hearings were conducted last winter. On Feb. 15, City Hearing Examiner Robert Richardson approved Helton's plans on the recommendation of city planner Stephen Briggs. But while Helton, as the applicant, was notified of the city's decision, the opponents were not. The opponents had ten days to file an appeal to the decision. But they said they did not learn of the decision until Feb. 25 and their appeal, submitted the next day, was too late. The issue went before city council in March, and in a 5-4 vote the opponents' right to appeal was denied. Dispute over getting copies Roslyn Harkavy and Wright testified that they were told they would get a copy of the decision mailed to them if they wrote their names and addresses on the sign-in sheet at the public meetings. The city disputed this saying that anyone other than the applicant would have to call or write Briggs and ask for a copy. of building a new home at the top of the hill. Helton's property is made up of three lots that he bought in 1988. That same year, the city condemned a house that had stood abandoned at the top of the hill for more than 15 years after catching fire. In order to clear the remains of the old house, Helton had a temporary access road cut through the undeveloped property from the point of the intersection to the top of the hill. The dirt road runs from the intersection to the top of the hill. There was no driveway on the property. Neighbors take issue Neighbors complained about the unsightly road and the Hillside Trust filed objections to Helton's work on the hillside. Helton, who attended the hearing but was not directly involved in the case, said later that he is confident he will get his building permits. BY RICHARD LITHEN Enquirer Contributor Three East Walnut Hills residents and a non-profit watchdog group won the right to challenge construction of a hillside development last week. The residents Roslyn Har-kavy, Franklyn Harkavy and Howard Wright along with the Hillside Trust claimed they were denied their right to appeal the city's approval of a new development in their neighborhood. Judge Fred J. Cartolano of the Hamilton County Court of Common Pleas agreed with them and on Thursday ordered Cincinnati City Council to accept the opponents' appeal. The residents and the Hillside Trust oppose construction plans for the corner of Columbia Parkway and William Howard Taft Road. The property is owned by William Helton, who is in the process The plan for his house has been drawn up strictly to the city building code, Helton said. "That is why it was approved by the hearing examiner," he said. With permission from the city, Helton has built a new driveway with access to Taft Road. He said the construction along with new retaining walls have strengthened the hillside. He also said that he plans to donate the corner of his property at the intersection to the Cincinnati park board, which will maintain that section of the hill. Robin Corathers, executive director of the Hillside Trust, said Helton's development has damaged the hillside and that the city should require him to restore the land with new plantings. She said that the access road also poses drainage and erosion problems. Comfort and Durability with A Beautifully Crafted Sofa Clayton Marcus THE COUNTRY LOOK. Popular country styling with ruffled pillows for years of luxurious living OUTLET MALL 2430 E. KEMPER RD. 1 MILE EAST 0FTRI-C0UNTY DISCOVER TRUE FACTORY OUTLET PRICES OHIO RIVER I LEXINGTON 5 1 i-n THE TRADITIONAL LOOK. Smartly tailored and designed to excite any decor. All this plus an affordable price! 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