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state's website concerning Silverstein LLC and all of the other entities associated with it. He found that the Planet of the Vapes was registered in the State of Ohio as a "vape Shop". He proceeded to explain he went to three different stores to see what it was they were selling and he stated he found all kinds of vaping products, drug paraphernalia, foods containing THC and delta 8's etc. He pointed out that another vape shop called Brick City Vapors is already within that plaza. He also explained to the board the last exhibit, which were screen shots of the Facebook pages for the stores he went inside. All were stating that Planet of the Vapes was an e -cigarette store. Mr. Atsou asked Mr. Upton if he searched the Secretary of State website for the state of Delaware. Mr. Upton said he did not. Mr. Atsou questioned Mr. Upton and his previous meeting with the owners; it was specifically mentioned about the conversation and what Mr. Upton told to the owners. Mr. Upton expressed concern to the owners that it may be difficult to open up a vape shop in the city. After more questions, it was determined that Mr. Upton viewed the Planet of the Vapes as a vape shop that sold drug paraphernalia, he decided they were a smoke shop even though there was no definition in the city's ordinances of what a smoke shop was specifically. Mr. Mackey questioned the validity of the businesses that have been brought up throughout the hearing due to a piece of mail that was returned because the forwarding had expired. It was determined that the business was valid. Mr. Mackey pointed out that the Director and the board does not have the authority to define what a vape shop is, only City Council has the authority to do that. Mr. Mackey also questioned the testimony of the applicant about whether or not their revenues from vaping products were less than 20%. Ms. Patton pointed out that they registered the name of "Planet of the Vapes" and the nature of business to be a "vape store", was actually filed in March. The application that was received in North Olmsted in June the listed nature of business was listed as a home goods store. She asked the question of at what point in that period of time did they decided to switch the nature of business from a vape store to a home goods store. Mr. Atsou explained the business model had changed. He also explained the problem in the city is that there isn't a definition of what a vape shop actually is. Mr. Papotto asked Director Upton to explain what lot -line -to -lot -line meant. Mr. Upton replied that it was the property line to property line. He also offered that the square footage Cuyahoga County Fiscal Office listed the building usable area to be 29,155 square feet. The landlord that owned the building offered that the building is approximately 45,706 square feet. Mr. Papotto stated that the documents the board received showed the building was 45,262.5 square feet. Mr. Dayem offered an explanation on why he wanted to rent this specific spot. The size of the space to rent was approximately 7100 square feet. He wanted to expand his business operations and have aisles throughout the store to sell more home goods items. Mr. Papotto asked Mr. Atsou to re -read out load the Ohio Revised Code. The board asked Mr. Gareau for guidance on the language for the motions that need to be made and how to approach their discussion. Mr. Gareau advised there were two issues that were the basis of the Building Commissioner's decision which was based on the recommendation of The Director of Economic and Community Development. Mr. Gareau specifies the two code sections that were specifically referenced, the first 1139.03(B) which refers to conditional use and 1118.13 C 2 which refers to location and size restriction use. The board was advised they needed to make a determination based on their own opinion and whether they have heard substantial evidence and testimony. The decision is to be based on the boards own assessment of the evidence.