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?.. <br />9 ! <br />said they could cross over into Lorain County and they can be accommodated out there. Mr. Rymarczyk <br />asked for clarification from Mr. O'Malley on removing the existing trailers in good faith. Mr. Simms said <br />there is a lot of inventory to move so he would need time. Mr. 0'Malley said it is a matter that is best left <br />to the enforcement officer in the building department and not a function of this board's consideration. He <br />thinks the applicant wants to demonstrate to the board that he is doing everything in his power to <br />convince them that he ought to be granted this variance and he thinks that is certainly something that they <br />would take note of. Mr. Conway said it is important to take Mr. Simms at his word and remember he was <br />not aware of a lot of the things that were happening. They need to give him a chance to do something <br />constructive about it. He said he should be given reasonable time to do something about it, and if in good <br />faith the board sees he is doing the right thing, it would encourage them to work with him all the more. <br />Mr. Rymarczyk asked if the board is saying he can leave the trailers there. Mr._ O'Malley said he would <br />not encourage the board to exercise the enforcement authority the building department has. He does not <br />think the applicant intends to, or expects, the board to reconvene in October and find the trailers are still <br />there. In terms of how many days he'll need or whether or not he'll be cited, they should leave that for the <br />building officials to determine. Mr. Rymarczyk said he is looking for some kind of timetable to say by <br />the next meeting that the trailers will all be gone. Mr. Rymarczyk asked if they would give them a <br />temporary variance to get the trailers out of there without having to violate them. Mr. Simms indicated he <br />would need two weeks. Mr. Rymarczyk said they could give them two weeks. Mr. Simms indicated he <br />could get it done. Mr, Miller said he discussed the issue with Mr. McKay and should Wal-Mart wish to <br />apply to the Board of Zoning Appeals for a variance for the trailers out in the industrial park, they would <br />both support them in their application. They would attend the appropriate meetings and ask for support as <br />long as the good faith is continuing in an effort to resolve the problems. Mr. Simms said he is very <br />appreciative of everything that has been said and done. Mr. Engoglia asked if Mr. Simms has to reapply <br />to the Board of Building Code of Appeals or if he will automatically be on the agenda. The clerk <br />indicated he will be on the agenda and no further legal notices will be sent out. The meeting will be on <br />October 17th. Mr. Simms again expressed appreciation for the information he received. He found <br />previous management did not handle things properly and he wants to build a good relationship with the <br />city. Mr. Engoglia said the board does not want to be difficult but there have been four meetings <br />regarding trailers at Wal-Mart. Mr. O'Nlalley informed the board members that the applicant made the <br />application after his encouragement. Mr. Simms had indicated that he wanted to establish a better <br />relationship with the city, and that was after being cited last spring. He encouraged Mr. Simms not to <br />wait until the Christmas season was upon us. He indicated Mr. Simms would need to demonstrate the <br />necessity for the variance and he has tried to do that. <br />IV <br />V. <br />vi. <br />VII. <br />VIII <br />P. Engoglia made a motion to table the proposal <br />unanimously approved. <br />COMMUNIC ATIONS : <br />COMNRTTEE REPORTS: <br />NEW BUSINESS: <br />OLD BUSINESS: <br />The motion was seconded by M. Conway and <br />ADJOURNMENT: P. Engoglia made a motion to adjourn the meeting at 6:10 p.m. The motion was <br />seconded by R. Puzzitiello and was unanimously approved. <br />2 <br />Annie Kilbane, Alssistant Clerk of Commissions <br />4