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Minutes of the Organizational Meeting of Council <br />Monday, January 12, 2015 <br />Page 20 <br />Mr. Diemert replied, they made an application for a lot of different things to go into the garage. <br />Council President Buckholtz asked, the decision was that this building had to be removed? <br />Mr. Diemert stated, the building is there. It's going to stay there. The Court indicated it's okay to <br />leave that building there. They had to take down a shed. This building is there. It has all kinds of <br />facilities in it. It cannot be used as a residential dwelling. He applied for certain things that <br />indicated to our Building Commissioner that he wanted to make it a residential dwelling. He <br />approved some of the items, most of the items they requested to put in to the facility. However, <br />the Building Commissioner said, under no circuinstances shall the issuance of this permit or any <br />.other permits previously issued or hereafter issued be deemed to allow the owner of the premises <br />to use the detached garage as a second habitable dwelling unit. The garage structure may not be <br />used as a habitable dwelling unit. The language could not be any cleared. It's in conformance <br />with the Code. BZA upheld his decision that it cannot be used as a residential dwelling. <br />Council President Buckholtz stated, by the owner, or a renter or anyone? <br />Mr. Marrelli stated, no one. <br />Mr. Diemert stated, period. We anticipate it is going to go up on appeal from here, maybe not, <br />but the point is that we really caution against any outside statements regarding it. Hearing more <br />evidence again and getting into this whole argument again would probably take another hour or <br />two at least of Council's time and then you are again second-guessing your Board of Zoning <br />Appeals, but you have the right to do that. , <br />Council President Buckholtz stated, this is a good place for everyone to voice their - <br />Mr. Diemert replied, yes, it is. <br />Mr. Saponaro stated, unless there's some new evidence that comes up, we have to adhere to the <br />process that we have put in place and our Code and regulations and then defer to you to tell us if <br />there's something we should be reviewing. <br />Mr. Diemert stated, if I thought there was, I would recommend it. Even if you were to listen to <br />all of the evidence and for some reason the majority of Council chose to reverse the Board of <br />Zoning Appeals and say they, can use it as a habitable dwelling, the Mayor and Building <br />Commissioner would have the right to appeal that to the Court of Common Pleas and would <br />likely win. It just doesn't make sense. <br />Council President Buckholtz stated, I don't think you could be clearer. Steve, as the newest <br />member of Council, maybe less familiar? <br />Mr. Jerome replied, I read through everything. It's pretty interesting. Some of it comes down to <br />items they want to put in the structure from how our Code is written to you that would make it a <br />habitable home?