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5/17/2023 Minutes
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5/17/2023 Minutes
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N Olmsted Boards & Commissions
Year
2023
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
5/17/2023
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The next witness, Douglas Junquist was called. He went over his professional background and <br />went into detail of his use of Kratom. He specifically stated he uses it every day and always <br />drives afterwards and he uses it for chronic pain. In cross, questions were asked about his clinical <br />license expiring, which he opted to let happen. There was a question of his use of alcohol and if <br />he uses Kratom in lieu of alcohol., which was denied. It was also determined he had no <br />knowledge of zoning laws and administration and land use laws or certificate of occupancy. <br />Maroon Mondalak was called as the next witness. He shared he owned a business next to the <br />Kava Bar and has eaten there and consumed Kava. In cross, it was determined that Mr. <br />Mondalak witnessed the change from The Best Damn Tacos to the Kava Bar. He also described <br />his experience going through the zoning administration process to obtain a certificate of <br />occupancy. <br />Mr. Papotto opened the floor for public comment from North Olmsted residents first; Chaz <br />Sheets, 30406 Lorain Road; Sandy Lewis, 6759 Warrington Drive; Peter McGinty, 6114 Gareau <br />Drive; Tom Bindernagel, 23044 Macbeth Avenue; then five non-residents: Kristen Junquist, <br />15324 Clifton Blvd.; Mary Boehnlein, 25743 Rose Road; Herb Dillahunt, 31790 Tucker Drive; <br />Kevin Sheard, 31960 Krebs Road; Alicia Dish, 315 Eastern Avenue; all spoke in support of the <br />Kava Bar. <br />Board members began their questions, Mr. Mackey started with a question about the moratorium <br />directed to Dir. Upton. He asked Dir. Upton to briefly review how he decided there was a need to <br />examine the effects of on-site consumption of Kava. He explained that when something is not <br />understood or believed something should have been studied, the easiest way to do that was to <br />pause it, which was what the intention was with the moratorium. It allowed the city to pause so <br />they would have been able to consider the facts and circumstances and the issue and then <br />proceed in the form of legislation. The legislation process had been initiated and introduced to <br />Council. Ms. Patton asked about the time -frame of the moratorium, Dir. Upton replied it was <br />originally set for 180 days, and subsequently extended by an additional 90 days. Mr. Kovach <br />asked if Kava was allowed to be served while the moratorium was in place. Dir. Upton replied <br />that it was with respect to the ability of any applicant that wished to have an establishment that <br />served Kratom, Kava, Delta 8 and the like. It was to restrict the ability for the city to issue any <br />planning, zoning, occupancy, building permits or anything related. If there was a violation, it <br />would be contemplated within the particular legislation. <br />Mr. Papotto directed a question at Mr. O' Shae regarding what exactly it was the board was to <br />contemplate then vote on. The board was instructed to focus on whether the proposed use of the <br />establishment aligns with the listed or similar uses specified in the zoning code. They were <br />advised to seek testimony and evidence to determine if it met the criteria for a permitted or <br />conditional use, and if not, to understand the reasons for deeming it dissimilar to other listed <br />uses. Mr. Papotto asked city staff to provide insight of the process and the criteria to determine <br />the change of use and the categorization as not permitted. Dir. Upton referenced exhibit Id, that <br />section of code 1117C3 laid out how to determine the proposed use was not consistent with B2 <br />zoning district and also not listed within the code. So the determination was, not a similar use, <br />not permitted, conditional. Ms. Patton asked if changing a DBA, keeping the same LLC would <br />require an application for certificate of occupancy. Dir. Upton replied that he believed so. Mr. <br />Dorenkott added that a change in name would trigger the need for that application. Mr. Papotto <br />then asked about what had happened with the sign permit. Mr. O'Malley answered this that they <br />
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