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C'lTY OF NOR7'H OLMSTED BOAI2D OF ZONING APPIEALS OR1DE12 AND FINDINGS Applicant: Randall Hoacse Propey•ties Date of Hearing: 916107 Address: 4701-4763 Great Noi-thern Blvd APPEAL ]FROM ORDER OF BUILDING COIVIIVIISSIONER PURSUANT 'I'O 1123.07: 1) Applicant presents an appeal letter dated June 1, 2007, docketed pursuant to Section1123.07, froni the Order of the Building Corrunissioner dated April 26, 2007, which Order required Applicant to remove concrete bollards, restore 6" curbing and 10' grassed planting area, pursuant to Section 1126.11 BZA REVIEW FINDINGS: The BZA hereby finds that a preponderance of the substantial reliable and probative evidence demonstrated that: Appellant submitted approved development plan dated 5/13/75 which did not show-concrete bollards or 10' grass planting area but did show 6" curbing. Based on testimony from Appellant's neighbor, representative of Chick-Fil-A, Scott Patton, several new concrete bollards were recently installed and others relocated in 2006. This fact was confirmed in part by Appellant's representative, Beth Priestas. David Conway, Building Comxrussioner, testified that no concrete bollards were authorized by amendment of the approved development plan or permit record for same and the BZA finds accordingly, notwithstanding Rocco Puzzietello's rebuttal that Ernie Gundy appY-oved the concrete bollards years ago. 'I'he SZA . finds inconsistencies between the approved plan of 5/13/75 and subsequent Engineering plans, which show:ed the 10' grass strip, and finds that the current conditions at the site substantially deviate fi-om the approved plan. The BZA finds substantial support for the Building Commissioner's Order to remove the concrete bollards, restore the 6" curbing, but reverses the Order as to.the 10' grass strip not shown on the approved plans. ? BZA REVIEW ORDER: 1. ? 'I'he Order of the Building Commissioner is affirmed on appeal as follows: That Appellant removed the concrete bollards and install the 6" curbing. 2. ? . The Order of the Building Commission is revet-sed on appeal as follows: That Appellant not be required to install the 10' grass planting. 3. ? The Order of the Building Commissioner is modified on appeal as follows: IVot applicable except to the extent as affirmed and reversed in part above. 4. 1171 The BZA Ordei•s that the Building Commissioner talce tlae following actions: Issue and enforce Orders consistent with the BZA ruling. 5. ? The BZA Oi•dei•s that the Applicant talce the following actions: Remove the concrete bollards and restoA•e tlie 6" curbing, subject to Planning amendment of approved plan. 5200 Dover Center Road, North Olmsted, Ohio 44070 - Phone: (440) 716-4134 - Fax: (440) 777-5889 RoteDRcnorth-olmsted.com - www.north-olmsted.com