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08/12/2002 Minutes
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08/12/2002 Minutes
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N Olmsted Boards & Commissions
Year
2002
Board Name
Landmarks Commission
Document Name
Minutes
Date
8/12/2002
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01, <br />delays that in many cases are unnecessary. A gentleman from the audience spoke up and indicated he <br />will have trouble finishing a job in time because of the process currently in place. He called the <br />Building Department to see if he could get approval backwards, in reverse order. He was told there is <br />something before Council. W. Lang asked if at the time of his filing an application he was told he <br />would have to go before Landmarks. The gentleman said he had the pernut in his hand and paid for <br />and he was called back down. Another audience member indicated she had a contractor who was <br />informed they would have to go to Landmarks. Mr. Lang brought up the letter that was sent out to <br />historic district residents from the Building Dept. about a year ago. There was further discussion <br />between audience members and the board.(much of this discussion was difficult to hear on the tape). <br />However, it was evident that the residents were not pleased with the process. Mr. Corell indicated that <br />is why the board has been trying to work through the City to get the ordinance modified that would <br />permit minor changes so that these kind of delays would not fall on the residents. He added they are <br />aware of the problems and they don't like it either but they are bound,by the law, until the law is <br />changed. Mr. Barker said they are trying to streamline things so when someone applies for a building <br />permit and they are notified they have to go through Landmarks, what will take place then is perhaps <br />someone from the Building Department will call either the chairman or vice-chairman, and they will <br />discuss the proposed case and within 24 hours a resident will have an answer. If at that point they <br />think it is more involved, they would ask a resident to go before the commission to discuss things <br />further. Mr. Barker apologized but said that is the way things are right now. Mr. Corell said it does <br />put a burden on a number of people and they would like to have what Mr. Barker is referring to as <br />some sortof advanced screening mechanism so that they can talk it over and avoid unnecessary <br />delays, and yet discuss the more involved changes. Mr. Corell apologized as well for the delays. Mrs. <br />Baldi arrived and informed the board that they did receive a permit from the City to go ahead with <br />changing their driveway. They were informed however that they would need to go before Landmarks. <br />Mr. Barker mentioned they had been discussing her case before she arrived. He said the board is <br />trying to decipher it all out too. He said the majority of the commission would probably agree that <br />brick is a great idea because that is what came first, before asphalt or concrete. Mr. Corell said that <br />given the vintage of the house it is a perfect match. Mr. Barker said his personal issue is that as long <br />as the Baldi's are there they won't see weeds growing up from the brick paving, but if someone moves <br />in it could become a weeded driveway. He said there is also concrete that looks like brick on the <br />market now. He said that he assumes the Building Department will go to Mr. O'Malley and the Law <br />Department. on such an issue. Mr. O'Malley said it sounds like the Building Department issued the <br />permit and it's done. He does not believe they issued the permit subject to the Board of Zoning <br />Appeal's approval. If they issued a permit they resolved the matter on their own. If they were going <br />to require a variance they would not have issued the permit. If they issued the permit already there is <br />nothing for the Board of Zoning Appeals to determine. Mr. Corell said_ since the building permit is <br />issued and it's a matter upon which the law is somewhat silent and perhaps open to debate, would the <br />board even need to issue a certificate of appropriateness or would they bypass it. Mr. O'Malley <br />indicated he believes they should issue a certificate and the applicant should have been required to <br />appear before the board as a pre-condition of obtaining the building permit. Mrs. Baldi said they were <br />told because they are replacing an existing driveway, and not changing the location or size of it, they <br />were issued a permit on those grounds. Mr. Corell said he wants to be clear on the role of Landmarks <br />in this case. Mr. O'Malley said their role in this is the same as their role in any application like this. <br />Mr. Corell asked if they then ignore the fact that the building permit was issued and treat it like an <br />original applicant. Mr. O'Malley said that is correct. He said they are ratifying the Building <br />Commissioner's determination. Mr. Corell said that is the point he is getting at. There have been <br />times in the past where the board did that and that to him violates the spirit of the code. The fact that <br />the majority might think something is a great idea is irrelevant. Mr. O'Malley asked that the board <br />consider the applicant's view and request and make a determination on the certificate regardless of <br />what the Building Commissioner determined. Mr. Barker pointed out that before they were notified <br />3
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