04/05/2005 Meeting Minutes - Laserfiche WebLink

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Council Minutes 4/5/2005 ,,,,, • Ordinance 2005-25, an ordinance authorizing the Building Commissioner to proceed ,~,~ with the demolition and removal of dangerous buildings located at 4170 Columbia Road, in the City of North Olmsted, as a public nuisance, and further authorizing the cost to be certified as a tax lien upon said premises, pursuant to Section 1331.05(e) of the Codified Ordinances, and declaring an emergency. This property is on north Columbia Road on the west side of the strut, and the house has been the subject of a number of years of deterioration and neglect. Pictures were presented by the Building Dept. of extensive exterior damage, interior damage, walls coming down, ceilings coming down and possibly even a roof collapse. All pertinent structures are in the same condition. This matter was brought forward on a condemnation order that went through the administrative process in the City of North Ohnsted. No appeal was taken. Funding has been provided in the budget to demolish the house, and this is the ordinance authorizing the city to proceed with that demolition. The committee unanimously recommended approval. • Resolution 2005-28, a resolution authorizing the Director of Law to settle the lawsuit entitled, State, ex rel. Gan1eLR. ~l Ewe Co.~ et al. V. City of North Olmsted, et al., Cuyahoga County Common Pleas Court case No. CV0452871; further authorizing the Mayor to execute all agreements necessary to effectuate said settlement; and declaring an emergency. This was a proposal to build a dealership adjacent to the current site of the existing Ganley operation. The City Council had recommended approval of the site development last year. At that point, the City Council refused to rezone the parcel. A lawsuit was commenced. There has been a resolution reached with respect to the lawsuit. The resolution will allow the project to proceed. It will proceed with the same restrictions that the City Council Building Zoning and Development Committee placed upon it and as approved by the City Council itself, including buffering, screening, mounding and the same architectural considerations are incorporated in. Essentially the proj~t will proceed as it was originally proposed. There will be no money paid by the City of North Olmsted by way of attorney fees or actual damages. This legislation will bring the matter of the Gamey lawsuit to a conclusion and wilt authorize proceeding with the resolution of that case. The committee recommended approval unanimously. • Ordinance 2004-200, which is an ordinance amending Section 1115.02 and 1139.06 of the city's Zoning Code in order to better def ne and distinguish different categories of restaurants for Zoning Code purposes, and to exclude small sandwich shops from the 1.5 acre minimum lot retail requirement of the General Retail Business District regulations, as amended. The section that is being amended is 1115.02 which is the definition section and 1139.06 which is the lot area and width in the General Retail Business District of the city's Zoning Code. The amendment accomplishes two things. First, it better defines and distinguishes three different types of restaurant uses within the city. Second, it excludes the smallest, least intensive of the three types of restaurants from the minimum square foot requirements for free-standing restaurants as described in the Zoning Code. Historically, our Zoning Code had a definition which was limited to fast food restaurant. We didn't have much more in the way of definition of restaurant. What this legislation will do is remove the definition of fast food restaurant and in its place include three separate definitions which will more accurately reflect the type of use that would come into Noah Olmsted. The first 9