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Mr. Rahm made a motion; seconded by Mr. Kovach, in regards to case 23-24741, 29047 Lorain <br />Road, Silverstein LLC to uphold the decision of the Building Commissioner regarding code <br />1139.03(B). <br />Board members entered into their discussion. They specifically referenced the code and Mr. <br />Papotto agreed the city did not have a clear definition of what a vape shop was and the Ohio <br />Revised Code offered a reasonable definition. He added that they had no evidence of what <br />percentage of their sales were, so they needed to rely as an e -cigarette shop. Ms. Patton offered <br />what the applicant had registered their business as, which was e -cigarette shop, and believed the <br />business fell more in line with that category versus a retail shop. <br />Motion Passed: 5-0 <br />Mr. Rahm made a motion; seconded by Mr. Kovach, in regards to case 23-24741, 29047 Lorain <br />Road, Silverstein LLC to uphold the decision of the Building Commissioner regarding code <br />1118.13(C)(1). <br />Board members discussed. Mr. Papotto explained the board agreed this was a conditional use, <br />which in turn required them to look at this code section next. This code section referred to <br />distance in the form of lot -line to lot -line, which is 3,000 feet. Mr. Papotto offered to the <br />members that the other vape shop in the building was within the 3,000 feet, and all board <br />members agreed. <br />Motion Passed: 5-0 <br />Mr. Rahm made a motion; seconded by Mr. Kovach, in regards to case 23-24741, 29047 Lorain <br />Road, Silverstein LLC to uphold the decision of the Building Commissioner regarding code <br />1118.13(C)(2). <br />Board members discussed. Ms. Patton felt that it was proven that the combined space was more <br />than 30,000 square feet in the building. Mr. Papotto agreed the building space was in excess of <br />the allowable area, and felt that basing the decision on this one item was inaccurate. <br />Motion Denied: 5-0 <br />Mr. Gareau asked if the board members would appreciate a Findings of Fact and Conclusions of <br />Law document to be prepared. This was agreed to be submitted for the next BZBA meeting in <br />September. Mr. Atsou declined the invitation to produce such document. <br />Bob Papotto, qair <br />Approved: 0 1 l I 1� Z-5 <br />.Am <br />yn Cilson, Administrative Assistant <br />