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P & Z Minutes <br />Feb 5, 2018 <br />Pg #6 <br />Mr. Coyne replied, you could. Mr. Diemert is still handling the Development Agreement <br />Mr. Saponaro asked for clarification. We need to get approval from Mr. Kinnaird prior to <br />allowing the "USE" Variance? <br />Chairman Syracuse replied, the "USE" Variance that was granted to the applicant through the <br />Board of Appeals was subject to the condition that Mr. Kinnaird approve the landscape buffer, <br />Mr. Saponaro asked, and if Mr. Kinnaird never approves it because it never meets his <br />requirement, then what? Do we make people come back month after month? How do we deal <br />with this7 It's a reasonableness issue. <br />Thomas Jones said, I appreciate the question because I feeI there's no level of subjective <br />criteria to try to meet this obligation. There's different legal issues regarding that. Like I said, <br />we meet all the established criteria for the site plan and engineering.l'his is asking us to go <br />over and above that. We've made every efFort to do so. But as I said earlier if someone has the <br />expectation that they want the TPC Golf Course and has the heavy hand of Mayfield Village <br />behind them saying we're not going to grant your approvals until he gets what he wants, that's <br />why there's legal separation. It's a very difficult situation. <br />Mr. Coyne states, to the applicant's comments, the conditions included as a requirement for <br />approval is a condition that has to be met by the applicant. Presumably if given the fact it's a <br />condition given to a third party, if they don't cooperate, if they don't comply or respond, then it <br />would be incumbent upon the applicant to bring that to the attention of Council before Council <br />makes the final decision and relieve the applicant of that responsibility if that condition cannot <br />be met. That's something that would have to be discussed at that point in time. But it appears to <br />me based upon what Mr. Marrelli said, there's certainly an opportunity that that's still being <br />reviewed, that that individual has come forth with-a plan that would be satisfactory to him. But <br />at the same time, I think the Commission can still make approvals conditional upon and once <br />the final approval comes from Council, if that is not met, then Council would have the <br />discretion to say o.k., we're going to relieve you from that, at the same time if it's a lawful <br />condition, that condition could still be implemented, if it's not met, they can't receive their <br />building permit. That would be appropriate at that time to be discussed. <br />Chairman Syracuse states, I would agree with that. At this time if nobody has anything further, <br />I'd like to entertain a motion. <br />Mr. Saponaro asked John and Tom, did you look at the original plan that was presented to Mr, <br />Kinnaird in terms of the reasonableness of it and try to assess a cost that would be associated <br />with it? I know you're not Landscape Architects, but- <br />Mr. Marrelli replied, we've not been presented with anything. <br />Mr. Saponaro asked, no plan at ali?