10/04/2005 Meeting Minutes - Laserfiche WebLink

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'` ' Council Minutes of 10/4/2005 Law Director Dubelko said he wanted to modify what he had said earlier regazding the finality of BZA rulings. Rulings involving special permits do come to City Council. City Council has an opportunity to act upon them within 30 days. Section 1123.14 provides that upon the issuance by the Boazd of Zoning Appeals of any ruling, determination, or order issued pursuant to 1123.11, which deals with special permits, the secretary of the Board shall within three days of such ruling send a copy to the Clerk of Council who shall present such ruling, determination or order at the next regular meeting of City Council to consideration and review. The Clerk indicated she had not received the notice. Councilman Ryan expressed his concern and stated Council should have had the opportunity to review the ruling. Councilman Gazeau said he agreed, but it's an opportunity lost on the part of Council. And it's not one that can be brought back. Law Director Dubelko said, if there's an error or mistake here, that error might be visited on the city as opposed to the applicant. Councilman Gareau said he had stated at the BZD meeting of September 19 that the issue would be referred back to the Planning Commission and that, when the Planning Commission addressed the matter, it would be brought forwazd to a vote this evening. He did mention that it would be relieved from committee just because of the time process involved. Councilman Gazeau made a motion to relieve the matter of the Suburban Collision Center, located at 26618 Brookpazk Road extension from the BZD Committee and place it before Council. The motion was seconded by Councilman Barker. At this point, Councilman Ryan asked, pursuant to Council Rule 32, to have the motion in writing. While Mr. Gazeau was preparing the motion, Councilman Miller asked the Law Director if the 30 day time period had elapsed. Law Director Dubelko said he did not know because this was not an issue that was brought to his attention before this evening. Councilman Ryan continued to express his displeasure over the lack of notification to Council even though, as noted by President Kennedy, the minutes of the BZA had been distributed to Council. Councilman Gareau expressed concern that the issue had first not come through the Planning Commission correctly and now we have the issue of it not coming from BZA properly. He withdrew his motion to relieve the issue from committee unless he gets counsel from the Law Director on how to proceed in order to ensure that due process rights are protected. Councilman Ryan made a motion to postpone the issue until a date certain of the October 18 Council meeting. After some discussion as to whether the 30 day period had lapsed with the Law Director noting he could not give an answer without research, the motion was seconded by Councilman Miller. Councilman Gareau observed that the motion was in error as the issue was still in committee and could not be postponed to a date certain. Councilman Ryan agreed. Councilman Gazeau made a motion to relieve the matter of the conditional use permit application and the site plan for Suburban Collision Center, 26618 Brookpark Road extension, North Olmsted, from the BZD Committee. The motion was seconded by ® Councilman Barker. Roll call: Gareau, yes; Bazker, yes; Miller, yes; Nashar, yes; 11