10/06/2005 Minutes - Laserfiche WebLink

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• September 9, 2005 the Board of Zoning Appeals received an appeal from the court of common pleas Cuyahoga County Ohio from the Attorney Patrick Farrell which included a cover letter. On October 3, 2005 the Board of Zoning Appeals Board received a certified copy of the Court of Common Pleas documents from Attorney Patrick Farrell. Mr. O'Malley indicated that the court reporter was present to transcribe the section of the minutes as well as the acknowledgment of the documents of the C& C realty. She was also hired to transcribe previously recorded audio tapes from past meetings with the Board of Zoning Appeals. He reviewed that two sets of the orders were received by the clerk one set on September 9, 2005 and one certified set on October 3, 2005. The clerk will compile and prepare the documents of the case file and deliver them to the courthouse. He questioned if any board members had yuestions or comments regarding the documents received. Mr. Maloney acknowledged that the board members received. a copy of the court documents submitted. • Board of Zoning Appeals review of proposed Rules of Procedures: Mr. 1Vdaloney advised that the rules accurately reflected the recommended changes the members made and questioned if there were any further suggestions to be reviewed. Mrs. Sergi and Mrs. Diver both indicated that they could not make a start time of 7:00 pm they would prefer the start time remain at 7:30 pm. Mr. Maloney stated that start time would remain at 7:30 pm. Mrs. Sergi requested clarification of article III section 1. Mr. O'Malley reviewed that if an owner is not present the chairman may excuse the owner's absence or the board may chose to table the matter until the owner is present. The proposed rules allow the chairman to act on the boards behalf with regards to excusing an owner prior to the start of a meeting. He commended the board for standing firm on requiring both the tenant and owners be present at their meetings. Discussion of having the Building Department provide every board of zoning appeals applicant a copy of the rules and the check list with each application handed out. Mr. O'Malley advised that it was within the board's power to create a detailed application form as well as any other documents listing what the board expects to be submitted in every applicant's case file. Mrs. Sergi asked if the board was going to review each board members fmding sheet to create a single finding page to be released or how would the fmal fmding sheet come about. Mr. O'Nlalley indicated that the board could make any change to the fmdings sheet they feel are necessary. He suggested that although each board member would have a findings sheet for each case file it is only being provided so each board member could take notes. The Chairman at the end of each case would complete a single finding sheet which would clearly show which standards were or were not met in the determination of granting or denying each individual variance requested. However the board is not set to grant or deny variances based on how many standards are met or not, as it is at the discretion of the board to place the weight of any given factor used to grant or deny a variance. Once the written findings are completed the record would be set. He suggested that he and the clerk had been working together to create a findings sheet for variances, a findings sheet for use variances and would create a fmdings sheet for special permits. However the finding sheets do not necessarily have to be a part of the Board's rules of procedures, but can be used as the boards shield and guide to creating final fmdings and they can help applicants understand what the board requires and will be looking for in each request. Mrs. Sergi questioned article one stating the first meeting being in January as the board does not meet in January. Mr. Kremzar asked to have the wording read first meeting of each new-year. Mr. Jim Burns from the Chamber of Commerce came forward to address the board. He reviewed that (Ward 1) Councilman I3an Ryan raised a question as to when does the date of issuance start for variances once granted or denied. Under the North Olmsted Codified Ordinances section 1123.14 B it states if Council fails to take any such action within 30 days from the date of issuance of such ruling or deterpnination or order of the board. Section 1123.15 states any ruling or determination or order of the Board of Zoning Appeals shall expire one year from the affective date of such ruling. However neither of those dates is defined by the codified. In the Board of Zoning Appeals rules of procedures it says if the applicant fails to utilize the authority granted pursuant there to within 12-months of the date or authoriza4ion of the exception or variance. This causes a problem as no applicant knows when they can start their work. He just heard tonight that the Board of Zoning Appeals orders do not become affective 6of7