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02/05/2018 Minutes
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02/05/2018 Minutes
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N Olmsted Boards & Commissions
Year
2018
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
2/5/2018
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Section 7- Standards for Review <br />(a) In exercising its powers to hear an appeal, the Board by its decision may reverse or affirm, <br />wholly or partly, or may modify the order, requirement, decision or determination, and to that <br />end shall have all the powers of the officer from whom the appeal is taken, and on all appeals <br />may attach appropriate conditions, and may issue or direct the issuance of a permit, in <br />accordance with the City Code. <br />(b) Unless otherwise specified by the BZBA, a vaxiance authorized by the BZBA shall expire if <br />the applicant fails to utilize the authority granted pursuant thereto within twelve (12) months <br />from the date or authorization of the exception or variance. The applicant shall be notified of <br />this limitation. An extension of up to twelve (12) additional months may be granted by the <br />Director of Planning and Development in accordance with the provisions in Chapter 1126. <br />(c) Area zoning variances shall be determined based upon the Board's consideration of the <br />following factors: <br />1. Can the property yield a reasonable return or can there be any beneficial use of the <br />property without the variance? <br />2. Is the variance is substantial? <br />3. Will the essential character of the neighborhood be substantially altered or will adjoining <br />properties suffer a substantial detriment as a result of the variance? <br />4. Will the variance adversely affect the delivery of governmental services (e.g. water, <br />sewer, garbage)? <br />5. Did the property owner purchase the property with knowledge of the zoning restriction? <br />6. Can the property owner's predicament be precluded through some method other than a <br />variance? <br />7. Would the spirit and intent behind the zoning requirement be observed and substantial <br />justice done by granting the variance? <br />(d) Use zoning variances shall be determined pursuant to appropriate standards of law. <br />Section 8 - Determinations <br />Final decisions of the BZBA shall be recorded in the meeting minutes. The minutes of the <br />BZBA, when approved and signed, shall become a part of the record for the decision and should <br />therefore include all findings of facts and reasoning for same. <br />Section 9- Reconsideration and Rehearing <br />After the decision of any question, any member who voted with the prevailing side may move to <br />reconsider any action at the same or the next succeeding meeting. A motion to reconsider shall <br />require the same number of votes as is required to approve the Applicant's requested relief. After <br />a motion for reconsideration has once been acted upon, no other motion for reconsideration shall <br />be made without unanimous consent of the members present. <br />Any request by an Applicant for reconsideration or rehearing shall be in writing and describe <br />new evidence or proposal as grounds for reconsideration. The reconsideration shall be presented <br />to the BZBA at its next regular meeting as Communications on the Agenda. No request by an <br />6
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