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7/1/2019 Minutes
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7/1/2019 Minutes
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N Olmsted Boards & Commissions
Year
2019
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
7/1/2019
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Borsuk did not understand why the garage door was considered a sign since there was a federal <br />ruling in 2000 which protected art murals from sign regulations. He understood why there are <br />sign regulations but did not believe his art qualified as a sign. He believed his artwork should be <br />able to be displayed on his property. Ms. Manley said the back three walls look great but she did <br />not look at the front of the garage. She wished he had explained what he was doing. Jeff Borsuk <br />pointed out that when Ms. Manley's son confronted him about the paintings, he painted over it <br />within a couple of hours. Ms. Manley was reminded of graffiti in Cleveland and did not want the <br />graffiti in her neighborhood. She mentioned that she was also told she could not have an <br />American flag painted on her garage in 2005 so she did not think it was fair to have to look at <br />graffiti. Mr. Schumann was not criticizing the artwork but there have been multiple complaints <br />that the work was not in keeping of the character of the neighborhood. Jeff Borsuk asked what <br />the character of the neighborhood is since there is not a Homeowners Association. Jeff Borsuk <br />asked what kind of art is allowed and what is banned. Mr. Russell stated that the Building <br />Department supports the Building Commissioner's decision. Mr. Aspery stated the Planning <br />Department also supports the Building Commissioner's decision. <br />Mr. O'Malley said the applicant is appealing the Notice of Violation. He explained that the <br />Board's review of an appeal is narrower than a variance proposal. It comes down to what the <br />definition of a sign is. The Building Commissioner has determined that it is a sign in a residential <br />area. There is extensive case law regarding signage in the area. The applicant mentioned the <br />Chamber of Commerce case brought against the City of North Olmsted where the city's code <br />was found to be unconstitutional. Since then, the sign code has been revised and is determined to <br />be constitutional. He cautioned the Board not to make a determination based on the content <br />because the sign code is content -neutral. The content -neutral code looks at the time, place and <br />manner of signage. The sign code does not differentiate between commercial and non- <br />commercial signs and wall signs are banned in residential areas. There are alternative methods <br />for residents to express themselves without using wall signs. Mr. O'Malley clarified that he is <br />not the advocate of the City's position, he is the legal counsel for the Board. <br />Mr. Papotto asked if there are multiple instances of the same violations, Mr. Russell said there <br />was one violation that covered the entire property. Mr. O'Malley said the Board should decide <br />on the appeal since the applicant presented a case but still left a sign to be decided on. Mr. Raig <br />asked where the photos dated June 5, 2019 and June 11, 2019 came from, Ms. Manley said she <br />submitted them prior to the meeting. Jeff Borsuk asked what the sign definition is. James Borsuk <br />believed that the Councilman's comments were based on the complainants' feelings and <br />interpretation. Mr. Mackey believed the sign is clearly defined in the code which does not <br />include anything about the content so he believed it is a sign, Mr. Rahm agreed. Mr. Papotto <br />appreciated that the applicant abated portions of the violation prior to the meeting. <br />Mr. Papotto moved, seconded by Mr. Mackey, to grant the appeal for a Notice of Violation <br />of the Building Commissioner of 19-14270; James Borsuk; 5170 Lucydale Avenue, motion <br />denied 0-4. <br />ADJOURNMENT <br />
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