04/04/2011 Meeting Minutes (2) - Laserfiche WebLink

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MINUTES OF THE SPECIAL MEETING OF COUNCIL Monday, Apri14, 2011- 7:00 p.m. Mayfield Village Civic Hall The Council of Mayfield Village met in Special Meeting on Monday, April 4, 2011 at approximately 7:00 p.m. in the Mayfield Village Civic Hall. Council President Buckholtz called the meeting to order. ROLL CALL: Present: Mr. Buckholtz, Mrs. Cinco, Mr. Marrie, Mr. Marquardt, Mrs. Mills, Mr. Saponaro and Dr. Parker (7:30 p.m.) Absent: None Also Present: Mayor Rinker, Ms. Calta The Pledge of Allegiance to the Flag was given. ? Council President Buckholtz stated, the purpose of this Special Meeting that we are doing is a Formal Hearing of Council that we do by our laws whenever the Board of Zoning Appeals rules on something and there is an appeal, which we have here tonight. I don't know if Diane wants to weigh out some of, not background on it as much as just the process, or where the process came from. I have some things to say about how we are going to handle this. The Appellant Ms. Bernstein will speak first followed by the Appellees, the Scasnys and Hamills. Each party has 15 minutes. One thing you have to realize is that if you want to, the Appellant Ms. Bernstein has the right to come back with a rebuttal at the end but she needs to take that time out of her 15 minutes. Also, if anyone wanted to engage in Q&A, and that would be strictly directed at Council, you need to leave room in your 15 minutes for that to happen as well. That's not required. It doesn't have to be a dialogue here but you certainly get to state your case. Diane? Ms. Calta stated, just a little bit on the procedure here, how we got to Council. The Village has a Codified Ordinance section that permits an appeal of a decision of the Board of Zoning Appeals to Council. I think it's somewhat of a unique provision. Some communities do not have it. Mayfield Village does. What it essentially means is that any interested party can direct their appeal to Council and Council then can review the transcript of the Board of Zoning Appeals and make a decision or have a rehearing and make a decision. That's what tonight is. It's the 1 rehearing on the appeal. Just for the record, it's Codified Ordinance 1105.02(d). The Board of Zoning appeal is Case No. 2010-02. They made their decision back in November. The decision was issued. All interested