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10/06/2005 Minutes
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10/06/2005 Minutes
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N Olmsted Boards & Commissions
Year
2005
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
10/6/2005
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building. The 2 cunent signs which are already on the building and shown in the pictures face west <br />into the parking-lot and are considerably smaller than what was allowed by code for 1 wall sign on the <br />building. There is also one ground sign at the main entrance and that is what they would like to show <br />the Boazd how the relationship of only having 1 curb cut and the placement of the future buildings <br />affect their buildings vasibility. T'hey respectfully request the opportunity to continue the dialogue <br />regarding signage. He advised that they would rather address the issue again with the Board of Zoning <br />Appeals rather than go into litigation which would be the next procedural step if reconsideration was <br />denied. He advised that they would answer any questions the Board may have. <br />Mr. O'Malley advised that the matter before the Board was within the board's discretion and was <br />neither a public hearing nor the time to hear testimony for or against the variance which was denied. <br />The minutes of the meeting where the variance was denied once approved are in fact what constitutes <br />the final written order of the board. The date of the fmal written order would be the date the minutes <br />are determined and until those written orders are fmalized the 30 day appeal process does not start. <br />Therefore this matter is between the applicant and board only and the applicants aze asking that you not <br />approve your September l, 2005 minutes and allow them an opportunity to present the matter again at a <br />public hearing. <br />W. Krernzar moved to go into an ezecutive session for the purpose of discussing readdressing the <br />applicant's request. N. Serga seconded the motion, roll call on the motion N. Sergi, T. Kelly, W. <br />Kremzar, J. Maloney "yes" and M. Diver abstainedo Motion Passed <br />J. 1Vialoney rnoved to return from ezecutive session to cantinue their proceedings. N. Sergi <br />seconded the motion, roll call on the ffiotion; N. Sergi, T. Kelly, W. Kremzar, J. Maloney "yes" <br />and M. Diver abstained. Motion Fassed <br />1VIrs. Sergi asked what dialogue the applicant wanted to address a change from what was presented. Mr. <br />Rinker indicated that they would return to the next month with a different altemative to keep the lines <br />of communication open to address the target logo only. The board advised that they did not want to <br />hear the same argument that was already addressed. <br />J. 1Vlaloney motioned to reconsider Target's request for reconsideration at the Board of Zoning <br />Appeals meeting dated November 3, 2005. N. Sergi seconcleal the motion, roll call on the motion; <br />N. Sergi, T. Kelly, W. Kreffizar, J.1Vlaloney "yes" and M. Diver abstained. IViotion Passed <br />J. Maloney moved to table the September 1, 2005 nuinutes until the November 3, 2005 meeting. N. <br />Sergi seconded the motion, which was unanimously approved. Niinutes Tabled. <br />1!/Ir. O'Malley reviewed that at the September meeting the board requested the law department draft the <br />findings for C& C Realiy and requested the clerk list out all items which were submitted for the case <br />file in the body of the minutes. The fmdings have been submitted and the minutes were corrected to <br />reflect the documents which were submitted or requested at the meetings. Mr. Maloney commented <br />that he read the findings submitted and felt the findings to be accurate and true and felt they should be <br />attached to the August 4, 2005 minutes. <br />W. Kremzar moved to adopt the findings for C& C Itealty case file as written. J. Ma?oney <br />seconded the motion wlnich was unanimously approved. <br />W. Kremzar ffioved to have the August 4, 2005 miautes reflect the findings/order of the board. <br />M. Diver seconded tbe motion wbich was unanimously approved. <br />W. Kremzar moved to adopt the August 4, 2005 Board of Zoning Appeals minutes vvith the <br />additeon of the findings/order. T. Kelly seconded the motion which was unanimously approved. <br />J. Maloney motion to table September 1, 2005 Board of Zoning Appeals minutes until meeting <br />nezt. N. Sergi seconeied the motion which was unanimously approved. <br />Mr. O'Malley requested the board address the Septeanber 9, 2005 correspondence next as the court <br />reporter was present to transcribe all proceedirags pertaining to the C& C Realty matter. <br />5 of 7
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