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<br />~~~~ <br />o~ ~y ~~~~ <br />~Z~ceQ~ ~c~clc~atie <br />~°~~ ~~l~~l~~ <br />>36G c~.~iGl .~°~ ~~~ <br />December 21, 1992 <br />-~~~ <br />/.~>6/ -~~.~-6~GG <br />-~~~>~ <br />/2>6/ -~-~.~-G~.~~ <br />Mayor Blase Pietrafese <br />Members of Council <br />Village of Mayfield <br />6621 Wilson Mills Road <br />Mayfield Village, Ohio 44143 <br />RE: Basconi, et al. v. Village of Mayfield, et al. <br />Dear Mayor and Council: <br />As you know the above-captioned case has been pending in court <br />since the beginning of the year. Repeated and continuous negotiations <br />have been taking place between the attorney for the Plaintiffs and <br />myself. At this point a resolution has been agreed upon which meets <br />the spirit and intent of Council's original proposal for settlement, as <br />well as the desires of the Plaintiffs. <br />The settlement entails our including an additional sentence under <br />Section 1149.08, which indicates that "Council shall grant variances <br />and exceptions only upon evidence of practical difficulties in the <br />record of the hearing and that the variance or exception is necessary <br />to afford justice to property owners and users". <br />This language is identical to what the current legal standard is <br />in Ohio pursuant to Supreme Court decisions, as well as the decision in <br />Gerhardstein v. Mayfield Village. Therefore, I feel comfortable in <br />recommending to you the inclusion of this language in order to have <br />this case dismissed and avoid continuous litigation. <br />The next step would be to amend Ordinance No. 92-08 in order to <br />conform with the copy which I have provided you this evening, give it <br />its second reading, and refer the matter to the Planning Commission for <br />its report and recommendation. Prior to the third reading, I will <br />receive an agreed upon dismissal entry, with prejudice, as to the <br />Basconi and Panichi lawsuit. <br />If you have any further questions, please feel free to contact me. <br />Very truly yours, <br />Joseph W. Diemert, Jr. <br />Director of Law <br />JWD:nmp <br />