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~, .~ J <br />• SPECIAL COUNCIL BOARD OF APPEALS MEETING <br />Village of Mayfield Village <br />October 10, 1977 <br />The Council of Mayfield Village acting as the Board of Appeals met in <br />special session on Monday, October 10, 1977 at 8:30 P.M., pursuant to <br />special meeting notices delivered to Council on October 7, 1977. Coun- <br />cil President Pro-Tem, Vince Busa presided. <br />Roll Call: Present: Messrs., Barclay, Bordonaro, Busa, Flynn and Schulte <br />Absent: Messrs., Bennett and Grogan <br />Also present were Mayor Beebe, Messrs., Amendola, Byrnes and Hovancsek <br />Mr. Busa advised ,that the purpose of this special meeting was to discuss <br />variance granted at September 27, 1977 meeting re Heinen's. <br />Mr. Busa asked for comments from Council and the audience. <br />Joe Abbate, 6514 Chase Dr. - stated that .the Board can grant a variance <br />with conditions. However, if the Law Director states that the variance <br />is not valid, an appeal can be filed within 10 days with the Court of <br />Common Pleas, by the devoloper, a resident immediately effecting the <br />area in question; or the Mayor. Therefore, since 10 days have lapsed <br />since the variance was granted and no one appealed the variance, a vote <br />is not necessary. <br />Jack Coran, 6563 Hunt Circle, - asked if the Board of Appeals has the <br />power to grant variances concerning only residential areas? <br />Mr. Byrnes replied this is true of the Board of Appeals appointed by the <br />Mayor . <br />Mr. Barclay, seconded by Mr. Schulte, made a motion to amend previous <br />motion by eliminating the conditions attached to variance pertaining to <br />parking and ingress and egress solely from S.O.M. Center Road and also <br />recommendation of Architectural Review Board design. <br />Mr. Flynn asked Mr. Byrnes for his opinion. <br />Mr. Byrnes stated the recommendation of the Board of Appeals to P & Z is <br />invalid as it deprives the P & Z Commission of itssduties and rights per <br />Charter and Ordinance. The qualifications for defining streets are also <br />invalid and that Planning & Zoning has the privilege to make its deter- <br />mination on ingress and egress. <br />Mr. Busa said that the chair did not want to handicap the P & Z Commission <br />and Council granted the variance at request of residents suggestion and <br />from the heart. <br />Mayor Beebe said to clarify a legal point, the conditions.ammended to <br />variance did take away from the Planning and Zoning duties of power. <br />Roll Call: AYES: Mr. Barclay <br />NAYS: Messrs., Bordonaro, Busa, Flynn and Schulte <br />Motion Defeated <br />