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of a garage and building a new one to support the house that is on the smaller parcel. It could all be mute if the Board of Zoning Appeals is not willing to grant a variance. Mr. Ruccella said from what is being said the garage situation has to be resolved first. Mr. O'1VIalley said the variance should be resolved first. Mr. Spalding said that Mr. Ruccella should go to the Board of Zoning Appeals then return to the Planning Commission. Mr. Ruccella indicated that is what he asked the Engineering Department when he called. Mr. O'1Vlalley said that they were following the code so it goes to the Planning Cominission first and is then referred to the Board of Zoning Appeals. IVIr. Conway said his only commentary is related to the zoning code and those issues have been covered. It is actually an engineering proposal. Mr. Spalding asked for any audience comments or questions. There were no comments. W. Spalding made a motion to refer the proposal to the Board of Zoning Appeals for its commentary, approval or disapproval. It vvould then return to the Planning Commission. The motion was seconded by K. O'Rourke and unanir?aously approved. V. CONIMUr]ICATIONS: Vacation dates need to be set for 2003 The board members agreed to set August as the vacation month for the Planning Commission. Continued discussion of Master Plan Review: Mr. Spalding mentioned he passed out material he obtained from the Regional Planning Commission. He said he did not make any plans to continue review of the Master Plan at this meeting. Mrs. Kilbane pointed out that the Master Plan review will be added to each agenda so they can address it when time and circumstances allow. 1VIr. Spalding suggested that the board members continue to review the materials already distributed and they can discuss the review at a later date. Mr. O'Malley mentioned that review of Ordinance 2003-36 was on the agenda last inonth. It is an ordinance that an audience member, Mr. Burns, cominented on that amends the zoning code to allow the City of North Olmsted to take an appeal from a Board of Zoning Appeals final order. There was a state case where the Ohio Supreme Court indicated that the city would be a party in interest and would have standing to file an appeal from a Board of Zoning Appeals order if there was local legislation authorizing that. This was a recommendation made and adopted, and put into ordinance form after thorough legal review by the law director. Mr. Burns voiced his concerns and they were responded to directly by the law director during the Council's deliberation. The Board of Zoning Appeals functions as a quasi judicial body. He said Mr. Burns speculated that if the city appealed from a Board of Zoning Appeals order, the city in effect would be suing itsel£ That is not at all the case. The board is an independent body. The city through its building commissioner and the law department has an interest in upholding the integrity of the zoning code, including if necessary taking an appeal from a Board of Zoning Appeals order that they find is inconsistent with a proper interpretation of the zoning code. He does not think the legislation was desianed to insult or to take issue with anything in particular but just to preserve the city's rights in the event that they ever wanted to exercise them. The Board of Zoning Appeals would not be represented as such in a proceeding of that nature. He said counsel to the Board of Zoning Appeals would not be a party or a witness to the proceedings, so the city could continue to be represented by its law department and the judgement of the Board of Zoning Appeals would stand as written. It would be as if they were the trial court and we were going to the court of appeals to debate the legality of their ruling. Some of the concerns that Mr. Burns had were not founded in the law. There were perhaps some policy considerations that he raised. Mr. O'Malley said he thinks these matters were examined and if the Planning Commission approves of this legislation and makes a recommendation to Council that it be passed, it is added to the zoning code. Mr. Spalding asked for confirmation that the law department fully reviewed the ordinance and feels that it is fine. He said it would be a developer that would bring action. Mr. O'Malley confirmed that. Mrs. Hoff Smath asked if the Board of Zoning Appeals would require any kind of representation. Mr. O'Malley said it would not because it is not the board being sued. It would be the determination that is being questioned. Mr. Lasko asked if anything was summarized in a memo or if it 4