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CITY OF NOIZTH OLMSTED BOARD OF ZONING APPEAI.S ORDER AND FINDINGS Appellant: Randall Thorne dba Surf Shop Business Center Address: 27328 Lorain Road, North Olmsted, OH 44070 Date of Hearing: June 3, 2010 Appeal: From the Order of Building Commissioner dated April 15, 2010 Appellant's counsel filed a letter dated April 23, 2010, from the Order of the Building Commissioner dated April 15, 2010. The Order addressed Applicant's Certificate of Occupancy dated February 10, 2010, and was issued pursuant to Section 1119.05. The Appeal was filed pursuant to Section 1123.07. BZA REVIEW FINDINGS: The Board of Zoning Appeals (BZA) fmds that a preponderance of the substantial, reliable and probative evidence supports the Building Commissioner's Order, including some evidence submitted by Applicant. The BZA finds as follows: 1. That Building Commissioner Dale Mitchell and Building Inspector Paul Grayshaw testified with credibility as to circumstances surrounding initial issuance and subsequent basis for revocation of Certificate of Occupancy (C of O) dated February 10, 2010. The Applicant's New Business Occupancy Application and Diagram, followed by site inspection and interview, proposed to retain customer service lobby and service counter, as well as other existing physical conditions to be used for its "business center" use. Although "internet services" were noted on the form, Applicant represented that the business center operation, with faxing and copying services, would resemble a FedEx, Kinko's or Copy Max. 2. That Building Inspector reviewed the premises on April 13, 2010, and noted that the interior had been changed significantly by the removal of walls and customer service counter, installation of 25-30 computer stations, and "no sign of' any fax or copy machine or business center whatsoever. The walls and service counter were "gone" and the entire room was wide open and occupied by customers in excess of the 15 person limitation contained in the C of O. 3. That the "as built" drawings submitted by Appellant actually documents and eliminates any factual dispute that Appellant changed the use in violation of the C of O, including construction of computer terminal stations to accommodate more than 15 persons, in excess of the C of O, and without first obtaining necessary building permits. 4. That Appellant admitted that work had been performed without a building permit, modifying building and electrical elements in violation of the C of O. Randall Thorne's explanation, that the Building Dept.'s website exempted such work, was not credible in light of his experience as a restaurant owner and the Building Inspector's description of renovated interior space. 5. That Appellant admitted that more than 15 persons have occupied the premises in violation of the C of O's limitation to 15 occupants. Randall Thorne's explanation, that he did not receive the C of O because he did not open mail delivered to his business address, provided no excuse for violation of the C of O. 5200 Dover Center Road, North Olmsted, Ohio 44070 - Phone: (440) 716-4134 - Fax: (440) 777-5889 26 OF 29 RoteD@north-olmsted.com - www.north-olmsted.com