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<br />Special Council Meeting <br />12/30/91 <br />Page Three <br />Mr. Rinker asked that they hold the questions for now and will honor the question later. <br />Mr. Flynn said that would be his condition for voting on the variance. He wants to be sure the <br />sripularion is in there regazding the corporate headquarters. <br />A spokesman for Progressive stated they had no problem with that. <br />There were no further comments from Council. <br />Mr. Rinker recognized the audience for comments at this time. <br />A member of the audience asked if the Village had any experience where such an ordinance had <br />been granted and not been challenged or do they think there is enough support showing that it <br />could not be legally challenged. <br />Mayor Carmen stated that any issue can be challenged. He does not know of any identical <br />situarions, however there have been ordinances where variances have withstood challenges. <br />Mr. Ramos stated that there is no case specifically like this that says we are safe. He explained the <br />"home rule." He said there are certain areas the municipality can regulate as long as they are <br />reasonable, then Council's decision cannot be overturned. He said they feel with the conditions <br />they are putring on the variance (that it must be a corporate headquarters with at least 1,000 <br />employees.) That it would be a reasonable basis for granting a variance. <br />A resident in the audience asked why the situation can't be reviewed for a couple of weeks so the <br />residents could understand what the variance is about, why does it have to be done tonight? <br />Chuck Chokel. Progressive Insurance Compan?L- said that they were here two weeks ago. They <br />have been trying to design a building and there are things they need in the design. Their builder is <br />here, their azchitect is here, their designer is here, but they cannot tell them exacdy what kind of <br />building to design. They have been hired and they are working and it is costing them about <br />$100,000 per week to keep building. ` <br />Mayor Cannen said based upon what he has heard from Council and residents, he thinks it is <br />widely lrnown in the community. There have been number of newspaper stories; he and Mr. <br />Basile have received many phone calls on the subject, and he thinks the people lrnow about it. <br />Mayor Carmen thinks this issue must be decided on by Council. <br />Mr. Rinker said that Council has been looking at this for some time. He asked if there were any <br />other residents that had comments. <br />Mr. Gerhardstein, said he was speaking on behalf of the residents from Aldenham, Dunfield and <br />Piercefield in Mayfield Heights. He said the property was rezoned from residential in 1971 to <br />commercial. At that time, they lrnew the regulations, and still decided to purchase the property. <br />They started with a three story building, now they have gone to four floors, by giving them a <br />variance of five feet, now they want to do five floors. <br />Mr. Rinker clarified that it would be a four floor building with a fifth subtenanean.