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09/27/2004 Meeting Minutes
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09/27/2004 Meeting Minutes
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Legislation-Meeting Minutes
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Meeting Minutes
Date
9/27/2004
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2004
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Regular Council Minutes <br />9-27-04 <br />Page 15 <br />Mayfield Village; I am not sure but I wish there was someone here who could comment. But <br />from reading through the minutes which was back in August, it seems they were trying to <br />straddle that issue of we don't allow them in the Village; I have mixed feelings about it. I can <br />understand your desires to have a privacy fence down your property line and I realize your <br />neighbors may not object to it but I know that there are instances where in other neighborhoods <br />or homes, neighbors might object to it. I don't think that is necessarily the overriding <br />consideration that the Board gave. I think the overriding consideration that the Board gave was <br />what are our rules and regulations regarding fences and does this really require overturning those <br />rules-at least down to the end of the line. I don't know that I disagree with their judgment on <br />this. <br />Mr. Saponaro said I do not agree it is overturning, I think it is like we do in many instances via <br />whether it is sheds or any other case, we look at the individual property, we look at the property <br />owner, how it is situated and we grant either through the normal process that the Dorans went <br />through or through Council we grant variances. And I don't think if we grant a variance in one <br />case, we've now set a precedent that now anyone could come in with a privacy fence, slap it up <br />and say all right, a precedence was set by the Village Council, therefore we can come in and we <br />can do the same thing. I think everything needs to be looked at on its own merits. Secondly, if <br />this is an issue that is global, I think we have to review the ordinance itself. <br />Dr. Parker said he didn't say it was an issue that was global. <br />Mr. Saponaro said I am just saying if it gets to a point it becomes an issue (and your point is well <br />taken) that is looked at maybe globally by many people, then I think we have to review the <br />ordinance and say is this really for the benefit of all the folks here? Is this antiquated? Should we <br />look at this and maybe tweak it a little bit? And that is more toward Ordinance Review. That is <br />my feel on it. <br />Ms. Calta said I just want to make a few comments on what Mr. Saponaro was stating. Each <br />variance is unique and I know it is sometimes easy to have the illusion that you group them all <br />together and feel that you are overriding variances of the Board of Zoning Appeals but the <br />bottom line is you have to look at each property and it stands by itself in the context of what <br />other variances should be granted or shouldn't be granted in any of your capacity to review the <br />Board of Zoning Appeals [decision.] I remind everyone that in order to reverse you will need a <br />super majority; you will need 5 votes tonight to do that. <br />Dr. Parker said I feel we have these people who make decisions and I feel we are constantly- <br />and I am not making it to be the situation where I am trying to prove them wrong or right but we <br />are constantly telling them to do their job, telling them to do consider with great deliberation I <br />think they have here by trying to find a happy ground and then we turn around and basically tell <br />them-and this is their common complaint--that the decisions they make don't carry so much <br />weight with us. I am looking at the decision they make and looking at the solution and I guess I <br />am not yet convinced that their solution wasn't a fair one to allow them a partial privacy fence <br />unless someone can convince me otherwise. <br />Mayor Rinker said if I can and it is interesting because I think this discussion hits all the issues <br />that should be reviewed. I would remind us all that in our set-up in Mayfield Village, the reason <br />this comes to Council is because Council-each time there is a body that reviews, just as <br />
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