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, _ ,?_.. ..?. Second, can abuse occur in the future? Since a use variance is requested prior to discussions concerning the building, and in light of the fact that buildings are reviewed, at least, by the Planning Commission, Architectural Review Board and Council, I believe there are more than adequate safeguards in place today to prevent future abuse. One development that is currently before the City, and has become a sub- topic within this discussion, is the construction of duplex structures in the area of Clague, Mastic and Brook Park Roads. Our Director of Law has advised both the Administration and Council that this is not a use variance. Objections to this development therefore have no place in this discussion. A third issue pertains to whether or not such decisions should be made by non-elected officials of the City. On this subject I would remind you that the Board of Zoning Appeals is comprised of North Olmsted residents, like ourselves, who must prove their qualifications and be accepted by both the Mayor and Council. We have been elected to make decisions and the presence on the Board of Zoning Appeals by any individual is a decision we have made. If the members of the Board of Zoning Appeals, or members of any other appointed board or commission, as residents of our community, cannot be trusted to make intelligent decisions within the scope of their ofFice, then appointed members of the Legislative Body should also be prevented from casting votes. I caution you that this is not an absurd or unrelated point. I would remind you that the City has already taken a stance on this question in court and in local law. We believe as a body that Council should be entrusted with the authority to appoint people to make hard decisions. Fourth, the residents of our community must be granted access to the appellate process. No law or decision can be viewed as absolutely unwavering. Even the commandment that states "though shall not kill" can be appealed in the time of war and self defense. The Board of Zoning Appeals serves this function. Fifth, if the City takes the position that use variances cannot be granted, and that would be the result of this legislation, we could very easily be placed in the position of entertaining spot zoning. I use the youth soccer facility as an example. Remembering that the Board and Council agreed on this structure, without a use variance it could only be built by a zoning change for the property. One parcel, in the midst of light industrial zoning, would have had to be zoned differently for one enterprise. Sixth, the fact that we may not always agree with the decisions of the Board of Zoning Appeals is not justification for the elimination of the Board or the restricting of their scope of duties. Such disagreements are opportunities for improvement. I believe the citizens of North Olmsted have more to fear from unanimous decisions than from split ones.