12/06/1988 Meeting Minutes - Laserfiche WebLink

Home Browse Search

Council Minutes of 12/6/88 -6- LEGISLATION (cont'd): Ordinance No. 88-141 introduced by Mayor Petrigac on behalf of Councilman Bohlmann was given its first reading. An ordinance establishing additional hospitalization benefits for non-bargaining unit employees of the City of North Olmsted, and declaring an emergency. Referred to Finance Committee Moving back to Committee Reports, Mr. Tallon, Chairman Building, Zoning and Development Committee reported: 1) BZD Committee Meeting was called to order at 7:30 P.M., on Thursday, December 1, 1988. The committee, Councilman McKay and Building Commissioner Conway were in attendance. The first order of business-.was the following Building Department requests: a. Nightfall Nightclub,. 30850 Lorain Road, revised site plan. This revised site plan had to do with the court case and the parking areas on the site. The plan was approved by Planning Commission on November 8th and by ARB on September 21st. BZD Committee concurs with the following provisions: Handicapped parking shall be removed from the west side of the building and be placed in front of the building nearest the building on the west side of the front lot and shall be increased from one space to three spaces. Also, no permit will be issued until the final drawings, .showing all changes, ire sub- mitted to the Building Commissioner. Mr. Horvath, the owner, was in attendance and even though he had been given time, since November 8th, he did not have completed plans as required by the BZD Committee, therefore, na permit will be issued until the final plans are presented to the Building Commissioner. Mr. Tallon moved council approve the Nightfall Nightclub revised site plan as described above and with the inclusion of the handicapped parking spaces and only upon submittal of the permanent, final drawings to the Building Commissioner, second by Mr. McKay. Mr. Wilamosky stated that he was very hesitant to grant anything to Nightfall Nightclub since they have shown a blatant disregard for the ordinances of the city and have been a real problem for some time. They have been found in contempt of court and have thumbed their nose at the Court of Common Pleas. Recent phone calls have alleged that Nightfall is again taking the fence down from time to time. They have caused a problem for the abutting neighbors, the Law Department and the Court of Common Pleas. Law Director advised that the court has directed two people to do two things: Nightfall is to file the appropriate application with the city to go before the Planning Commission and the city, consistent with its ordinances, is to grant the right to make the improvements. If council votes to disapprove the revised site plan, then it would be no.better than Mr. Horvath. The only way he can comply with the law is to improve the property; if council prohibits him from improving the property, then it's actions are no better than his. Until the improvements are made, the fence remains. If the fence is down, Mr. Gareau should be notified immediately and he will call Judge McAllister and-have Mr. Horvath taken back to court. Mr. Tallon's motion to approve the revised site plan for Nightfall Nightclub, with BZD Committee's recommendations as described above, was unanimously approved. b. Office Park, 28900 Lorain Road, Phase Two. Approved by Planning Commission on November 11th. This is Phase Two of a project which has already beenapproved however, each phase of the project has to be re- approved by the Planning Commission. There are no deviations of the building structures from any of the site plans. A variance was granted by the Board of Zoning Appeals for a 30 foot setback on the building but other than that the plans are unchanged. Mr. Tallon moved council accept the Office Park proposal, Phase Two, second by Mr. McKay, unanimously approved.