07/02/1996 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 7/2/96 McKay commented that the committee, of which he is a member, is concerned about use .*, variances being placed in an area where Council would not approve. Because BZA is an appointed rather than an elected board, the committee feels that variances should be done by an elected body that is directly representative of the residents. Mrs. Saringer asked if this would disband the BZA. Mr. McKay said it would not but would limit their power. Law Director Gareau stated that not long ago he had issued a legal opinion regarding court decisions relative to Charter limitations. If the Charter does not limit the Board of Zoning Appeals from the granting of use variances, then the Board of Zoning Appeals could grant use variances. Most of the variances granted by North Olmsted Board of Zoning Appeals are area variances: side yard, front yard, rear yard, coverage, etc. During the 23 years that he has been Law Director, there have been two instances where use variances have been granted. Those two instances have been very recent--after his opinion had been issued. The first concerned the construction of a soccer facility in the industrial area. The second permitted the U-Store-It near David Drive to maintain what it had already done without a permit: namely, some of the property was zoned for single family and U-Store-It just continued to build storage units onto that land. This was a long- standing dispute (10 years), and it was resolved by the granting of the conditional use permit. The Board of Zoning Appeals is very sensitive about comments that have been reported in the newspaper stating they might permit industrial use in residential areas. Mr. Gareau believes the board is a responsible group and would not do such a thing. Also, there is a current misconception with respect to Shorewest's desire to build two-family residences in an area zoned for multi-family as being a use variance. It is not a use variance because two-family is permitted in the multi-family district when it abuts two-family residences. The request is a simple variance from this restriction. The actual question before this Council is whether it wishes to have placed on the ballot for determination by the voters as to whether or not to restrict the power and authority of the Board of Zoning Appeals to grant use variances as they did with the soccer facility and the U-Store-It. g. Ordinance 96-103 which accepts three storm drainage easements located adjacent to the Ehle Ditch, south of Edgepark Boulevard crossing Blossom Boulevard. The repairs to the ditch will improve the erosion control by using methods such as channel regrading. The BZD Committee recommended approval. h. Ordinance 96-104 which accepts three storm drainage easements required for the Georgette AvenueBrendan Lane sewer improvement project. The drainage improvements will be accomplished by adding storm sewers, erosion control and channel regrading. The BZD Committee recommended approval. Mrs. Saringer, Chairperson of the Recreation, Public Parks and Buildings Committee: 1) The committee met on Tuesday, July 2. In attendance were committee members Limpert, Nashar and Saringer; Council Members O'Grady and McKay; Safety Director Kasler; Recreation Commissioner Dolansky. The following items were discussed: a. Ordinance 96-114 which revises the fee structure of the Recreation Department. The fees have not been updated is three years; and, even with the rate increases, we will still be falling behind in expenses versus revenues. The committee recommended approval. The 5 z.,,a, ~-.~. .~,,, ....~::~ ,..:~....: ,,.