BZBA Minutes 1/9/23 - Laserfiche WebLink

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4 I Director Gareau was asked to comment on the 1 st variance possible being a "use" variance. He stated to leave as written until the board has made their decision. Further discussion within the board members; Mr. Mackey commented that the request for a second dwelling on a single dwelling plot is not very typical. However, there are unique circumstances surrounding the request. He feels that raising the roof ridge would not interfere with the character of the neighborhood. Generally, the plan looks great, but there are some legal considerations and requested further guidance from the legal department. Mr. Mackey expressed concern regarding ways around an Air B&B once intended use has expired as well as if the city will be faced with enforcement issues. Mr. Rahm states overall the project looks great, mainly just concerned with Director Upton's and Ms. Seeley's city policy concerns. Ms. Patton comments the plans look great and that it wouldn't alter the character of the neighborhood. It is asked if the issue can be resolved without so many variance requests. Ms. Patton also comments on the future of the home and different uses of the space versus the intended use. Mr. Kovach sympathizes with applicant, but agrees with the concerns of Ms. Seeley regarding the future of the property. Law Director Gareau offers that new state legislature which has recently been enacted would render the city of North Olmsted laws no longer allowed to be enforced in regards to Air B&B's. He states that if the future owner wants to rent the space out, they would be allowed to do so as long as they comply with the city code sections; but the city would not be able to dictate specific use of the dwelling now, and in the future. Mr. Mackey expresses that codes as well as residential and commercial needs will evolve and that the current construction and the intent of the owner should be taken in good faith. Mr. Rham moved, seconded by Mr. Kovach, to approve the following variances for 22- 23509; Justin Leaf -Clark; 25870 Kennedy Ridge Rd; A variance for a second dwelling on a parcel zoned One Family Residence Motion Denied 3-2. COMMUNICATIONS: Director Upton speaks of correspondence in regards to changes in staffing. Ms. Jones resigned, Mr. Massarolo taking the role of clerk until new admin has been hired. City Engineer Pete Franco's last day was December 31, and after posting RFQ's Jeff Filarski with Chagrin Valley Engineering is now the new City Engineer. With respect to the Building Commissioner; his engagement was not renewed and the new backup Building Commissioner is Neal Dorenkott.