06/03/2010 Minutes - Laserfiche WebLink

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1. An 825 square foot variance for a detached garage larger than cocle allows; code permits 750 sq ft, applicant shows 1575 sq ft, section 1135.02 (C)(1). 2. An 11 inch variance for a detached garage higher than code allows; code permits 15 ft, applicant shows 15 ft 11", section 1135.02 (C)(1), which failed 0-5. NON-12ESIDENTIAI. APPEALS AND REQUESTS Surf Shop LLC; 27328 Lorain Roaci: An appeal of Building Commissioner's inspection report of April 15, 2010, listing violations of North Olmsted Codified Ordinance sections; 1119.01(a), 1119.01 (b), 1119.02 (a) and 1119.05. Note: tabled 5/6/10. Mr. Toin Hartnett Attorney for Surf Shop, Mr. Randy Thorne Surf Shop Owner, Mr. Jaclc Hawk an Architect, Building Commissioner Dale Mitchell and Building Inspector Paul Grayshaw were each sworn in. Mrs. Sergi asked if the owner of the property was present and Mr. Hartnett advised that he was the agent for the owner. Mr. Hartnett passed out a 41 page booklet to each commissioner and said his client was sited for doing building repairs without building permits however his client made no repairs which required permits. The City inspected the property, no violations were sited and an occupancy permit was issued. Testimony will be given by Mr. Hawk indicating that the property as it stands now is not in violation of the Ohio Building Codes. The issue of not receiving an occupancy permit unless property taxes are paid up or an agreement from the County is submitted was never mentioned to his client outside the Commissioners letter. However the landlord provided a copy of the agreement between him and the County Treasure regarding delinquent taxes which has since been submitted. His client has not changed the use of his business which is alleged in the Building Commissioners letter. There is a misconception as to what the Surf Shop is and what it is not is a gambling hall as his client sales internet time, access to faxes, printers and computers. There are 35 computer terminals which can be used to access the internet for, e-mails, stream videos, music, games or business use. In conjunction with computer access his client has a sweepstakes along side the business, when a client purchases computer time they earn instant sweepstake points which can be redeemed prior to accessing or using the computer. The sweepstalce is no different than any other promotional sweepstakes other business franchises use to promote sales. The sweepstakes is not gambling nor does it brealc any law which needs to be made clear. Mr. Thorne said he owns and operates a restaurant in Canton Ohio and he became involved with owning the Surf Shop through researching different opportunities to invest and increase his revenues. He researched the opportunity after speaking to a sales rep and felt comfortable investing in the company which is a legalized business and not gambling. Documents were noted that were subinitted which state tlie business is not gambling. Placing his business in North Olmsted was at the recommendation of the developer who owns his restaurants location. Upon seeing the site which was ready to occupy and needed little worlc to open the location was chosen. Mr. Thorne briefly reviewed the operation of his business and how the computers are blocked from gambling sites by firewalls and how the sweepstakes work. He has a five year lease signed for the North Olmsted location, purchased thirty five computers, furniture and an