03/18/1998 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 3/18/98 this and came to the conclusion that the city should follow the federal rule regarding ,~ regulation. Accordingly, the ordinance stands as originally submitted. The BZD Committee felt that the present $150 permit fee unreasonably interfered with satellite dishes in North Olmsted. The committee recommended approval of the legislation. c. The temporary conditional use permit for the ball diamond at Birch School located at 24100 Palm Drive. This is a revisit of the issue from last year when a temporary conditional use permit was granted. The issue is before BZD Committee as to whether to extend the temporary conditional use permit to make it permanent or simply to allow it to expire. The ball diamond was in place and was used last year. It has a grass infield with dirt lines down the bases. Resident concerns were: proximity of the ball diamond to the residential homes; potential injuries by stray balls that could be caused to children or people living in the homes; strangers trespassing on residential property; adult teams using the park as opposed to the proposed Hot Stove League; congregation of children on bikes; vandalism; trash pick-up; dust from the diamond; a request that the City of North Olmsted or the school board or Hot Stove look into the possibility of installing some sort of a temporary toilet facility. After much discussion, Hot Stove officials and residents agreed to go back to review their requests and to come to a Building, Zoning and Development Committee meeting at 7 p.m. on Monday, March 23, to further discuss this matter and, if possible, to negotiate some sort of a settlement. d. Mr. Miller's comments will serve as an addendum to the BZD report. Mrs. Saringer said she wanted to add to her earlier comments regarding her accident. The Fire Department and Police Department should be commended for an outstanding job--we have the best here in North Olmsted. AUDIENCE PARTICIPATION Angelo Skoulis, 24732 Mitchell Drive, asked Law Director Gareau whether a hearing had been held today in Judge Gaul's court regarding another rezoning proposal for Parcel E by the Biskind Corporation. Law Director Gareau said there was no hearing and that the court had been notified that there was no possibility at all for resolving this matter. We are waiting for the court to schedule either another pre-trial or to schedule the matter for trial. He has gotten his "ducks in a row" on appraisals and things of that nature. It should be noted that a recent newspaper article reported that the Supreme Court of Ohio has changed the standards, and the Gerijo case has been overruled. If the property owner is able to establish that the zoning plan adopted by the city with respect to the parcel does not further the health, safety and welfare of the residents of the city, and they are also able to establish that there was a monetary loss as a result of that, then the next step is that the court looks at the issue of the monetary loss. If the court finds that there is a loss, rather than have the property rezoned, the city is obligated to pay for the loss. That is the new standard that now exists as a result of the Supreme Court's decision. Mr. Skoulis said he believed the newspaper article said it was based on the fact that, if the developer could not develop the land under the present zoning and tried to get rezoning through the courts or through the city and was turned down by the city, the courts could rule in his favor. Law Director Gareau agreed but said the test was not if the developer was unable to develop 6