Board of Zoning Appeals - Regular Meeting

Wednesday, March 26, 2025
Transcript
Video
Agenda

About this meeting

Government Body
Board of Zoning Appeals
Meeting Type
Board Of Zoning Appeals
Location
Twinsburg, OH
Meeting Date
March 26, 2025

Transcript

24 sections

0:01 – 2:000

Uh good evening. It's 5:31 on uh March 26th. Uh if we uh we're going to start our board of building and zoning code appeals. If I could have a roll call, please. Mr. Brown here. Mr. Griffith here. Mr. Jameson, Mr. Chancellor here. We can stand for the pledge of allegiance, please. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Um, I'd just like to take a moment to acknowledge uh who we have present today. We have uh council at large, Mr. Fury here. Um, building commissioner is not here, but we have, uh, city planner Lin Mutter. Uh, law director Matt Vince, sorry, guy with the names. Um, real quick, too, we're just going to go over what the process is to clarify how the board of the zoning process works. Uh, we are board review requests for variance from the codified ordinance based upon hardships an individual may not have control over, which prevents them from complying with our local zoning laws. We will hear your appeal and we will make determination whether to approve or deny this appeal here this evening. If approved, the property will have a permanent variance for the code spec spec specific to the uh particular property. If it is denied, you have the option to appeal to the court of common please to hear your case. Uh this meeting will be confirmed by civic council at the next regular meeting. It may require a 60-day waiting period before building commissioner can approve any permits related to your granted variance. Uh you have the right to be res represented by an attorney if you choose. And this uh real quick since we have two variances today, if we could have

1:58 – 3:580

everybody that plans to speak today stand for us. We're going to just swear everybody in. So if I could have your right hand raise your right hand. Uh do you hereby swear to affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth under the penalty of perjury. So help you God. Yes. Yes. Awesome. Okay. Um we'll go ahead and get into our first uh appeal tonight which is appeal number 02205 the administrative decision pursuit to the section 1122.03 of the Twinsburg planning and zoning code. Um come on up and well before we before we start can I make a couple remarks about yes the procedure. Yes. So, uh, when we have administrative appeals, I I attend and I, uh, I like to before we get into the meat of the appeal and we hear the appellants case and the the city, uh, the city's position on that, I like to, uh, just refresh the board on uh, what exactly we're doing and where the authority for that comes from because, frankly, the board generally, as you just smartly explained, handles variance requests, which are different than an administrative appeal. So just and and I won't go into a ton of depth because I know you want to move into your agenda items, but uh within our zoning code 112203 uh grants the administrative appeal authority and then within 112501 the uh process for administrative appeals is spelled out in a little bit more detail. I'm going to highlight what I would say are the important parts here. So, uh, the code permits this board to hear appeals of administrative decisions, which is what you will hear in this first case with Ms. Durst. Uh, and excuse me, Everett Durst. Ms. Everett Durst. Thank you. Uh, the review and decision authority here that is granted to you is to review, hear, and decide upon the appeal. Uh, and you have

3:56 – 5:540

10 days after the public hearing concludes, that would be tonight, to make that uh, decision. Uh, and then importantly, the decision criteria that you will review tonight. And I I will quote this. In deciding on an appeal, the Board of Zoning and Building Code of Appeals shall utilize the same decision criteria as was applicable to the original decision that is being appealed. And following their review, the BCBA shall issue a written decision, a written final decision on an appeal to the application. And uh, you have two choices pursuant to the code. You can affirm the decision of the administrative officer or you can overturn it or replace it. Uh finally, uh well actually two last things. Uh I will draw your attention here. You have the uh staff report that's dated March 3rd, 2025 uh from uh Ms. Lynn Muter. Here you have also as a point of reference here the February 6th letter that was the final notice to to take corrective action relative to the signs. And then a third uh important piece here in the file I would say is uh Ms. Everett Durst February 11th appeal that is the genesis of the action before you. Uh finally, a truly procedural note now that we've gone over uh the the gist of why we're here tonight and how it differs from variance. Uh the order of how how the case will be heard today. So I I would advise the board that you ask uh Miss Mutter to u testify to her report, not line by line obviously, but to speak first about the findings in the report relative to the case before you. Then I would open the floor to the appellant, Miss Everett Durst, uh for her to put on her case about why she believes the administrative decision was improper or incorrect based on our code. Uh then in

5:52 – 7:490

my experience that after that, so the city brief brief overview of the case applicant put on their case, then the board may have questions that they want to ask of both Ms. Everett Durst and Ms. Mutter. And then at the end of that once the board is uh ready to discuss the matter amongst themselves or move to a motion one way or the other I I always say it is prudent to open up the floor to Miss Ever Durst to make a brief closing before you uh you know render your decision. So at that as always when I'm here for these types of uh administrative appeals happy to answer any procedural questions that may come up throughout. Uh uh at that I would ask the chair to recognize Miss Muter to make a couple remarks about for the record about why we're here and what the uh city's position is on the the case that's pending before the board. Okay. Thank you, sir. The only thing I'm going to have her do first is I'm going to have you just your name and address into the microphone for us as well. So, we'll get that. Ashley wrote Durst 10,000 Revena Road. Okay. Thank you. All right, Lyn, we'll go ahead and defer this unless gentlemen, do you have any questions real quick for the Okay. All right, Lyn, we'll defer to you. Just was taking some notes, but just to reiterate what I think Mr. Bazanna said, we're going to do Lynn, we're going to do Ashley, we're going to have the board open to discussion and findings, and then we're going to do Ashley again. Yeah, it it's Ashley will go last. Okay. and offer her closing for any final notes you might want to offer based on everything that you hear both from the city and any questions or comments that might come up. Okay. Okay. So, with that said, I'm I will keep this to the highlights. You have the planner report. Excuse me. Point of order. Have we turned on the recording? I did. Okay. The only reason I asked is I was I was looking at the mayor and he I was not

7:47 – 9:450

sure. So I I got the amplifier on. Got it. Okay. I was chastised prior to that. Do I have all the lights on? Windows. All right. All right. We're rolling. Yep. Okay. So, you should have received in your packets um with the applicants um materials in support of her appeal a copy of the violation notice that Matt spoke of and that was dated February 6, 2025. And you should have received a staff report dated March 3rd, 2025. The city found there to be a violation of the sign ordinance and that's how we got to the point of a violation. Um the violation was related to yard signs in the R4 single unit residential zone at 1000 Revena Road. Specifically, two yard signs with a minimum surface area per sign of six square feet are permitted. 10 Europe signs were displayed at the time of the violation with four of the signs exceeding the six square foot surface area limit. That was the basis of the violation. In addition, code is very clear um with a somewhat elaborate sign definition. I'm going to read that to sort of characterize um that the signs that were displayed do in fact meet the definition of sign pursuant to or planning and zoning code defines a sign as any words, lettering, part of letters, figures, numerals, phrases,

9:41 – 11:400

sentences, emblems, devices, structures, costumes, designs, trade names or trademarks by which anything is made known. In other words, copy the messaging must be visible from a public street or an adjacent lot. Uh the violation found that that definition of the of signed per se code was met and that the time place and manner regulations that are permitted to be employed by these municipalities um were exceeded in terms of the number of signs and the size of the signs. That that is the crux of um the city's basis for the violations. I'd like to add to that um some of the planners comments that I have in your staff report. Um our code recognizes the broad first amendment rights of property owners to express their opinions. We do that by allowing two yard signs um at a very generous time frame um and a size of the six square feet. There's no distinction made between type of sign. Those regulations apply to for sale signs, garage sale signs, um having a party here Friday night, whatever type of content may be presented on that sign, the standards that we have deployed in the ordinance um must be met regardless of the content. The content neutrality requirement has been several times um by the Supreme Court of the United States been made very specifically known through the time, place and manner

11:37 – 13:360

regulations. I would like to just make it very clear that this the violation that was sent to the applicant was not an attempt to regulate free speech, but was just a notice of violation of our particular and allowable time, place, and matter regulations. That's all I got. Okay. Um so the uh staff report that um was noted um I have a copy of the response to the legal statements and that uh for um to provide something is is this a document that you'd submitted prior? That's the response uh to the staff report. The legal backing that um is noted in the staff report. This is the response um with the um validity of my stance um to clarify um some of the remarks that were put into the staff report as there are a few inaccuracy in inaccuracies between um the notice that um was received um that final notice and um the staff report that um was presented. So for clarification of those items and to um there might be a couple extra copies and um uh for to save on time the Supreme Court cases that um Miss Mutter had mentioned. I don't want to bog everyone down with that but wanted to provide that stance as well.

13:34 – 15:340

Thank you for that. My my question was much simpler than that. It was just is this the first time that this is being submitted? Yes. And then I just wanted to for anyone to explain what it was and what it was in response to. Um so um ladies and gentlemen of the board, I stand before you to discuss uh my yard signs which I consider decorations related to the season of justice. While some may view this as a petty issue, I want to emphasize that the ordinance is designed to enhance the safety and well-being of our residents. Importantly, yard signs can be exempt from many regulations provided they meet specific time frames that do not require heavy equipment to move them just as the ordinance states and it was outlined. Um as a definition is not provided in the code and a basic understanding um can be reasonably understood as season can be referred to as a designated period of time while decorations implies enhancements to our environment related elements simply being um items that complement a the main theme. My motivation being rooted in a non-religious belief that I have the right to protect my daughters and my community within the legal limits. The season of justice was born out of a sense of urgency and some humor. Um, if we allow signs to cover yards for birthdays says celebration and when people put up a ton and cover their entire yard, then my signs should should also comply as are inherently neutral regarding the contents. They simply need to meet the time frame and the movement requirements set forth in the ordinance. I understand this might seem trivial, but during the Twins Day's parade, I

15:32 – 17:300

found it pretty petty when police and city officials stopped throwing candy and waving at our house. While some guests may have commented on this, I obviously live on a very busy street. As a mother, I believe in the importance of creative expression, kindness, and maintaining positive health and a positive perspective while still standing up for what's right. I've worked hard to ensure my family safety and the lengths I've gone through to protect my daughters from someone I've known to be a predator. And the limits I've gone through should not be overlooked. The behavior of city officials indicated that perhaps being a little petty might be necessary is somewhat amusing that they waited until now to address a display I can I consider ridiculous but legal. However, what truly concerns me is the way the evidence of misconduct was dismissed despite the potential danger risk it posted on the very day that I took my signs down. prompted by action. A woman was attacked and trapped over the course of multiple days. And this individual that my family is protected from through the protection order that the city has been served with has been indicted for strangulation, abduction, and domestic violence. Inherently, or I'm interestingly, uh he met this woman at Twin Stace. same day I installed my first yard signs as an establishing my seasonal display. While I acknowledged that my my approach might be uh unconventional, I was simply seeking safety and rights for my children. I refused to be complacent in the face of danger. The evidence shows it made a

17:28 – 19:270

difference and it appears I've succeeded to some extent. In September, I stated I would continue my diligence where policy was clearly lacking, not out of civil discord, but out of hope of that acts such as uh stolen valor being masked and paraded um to distract from the seriousness of what's going on within this city. my science were um my science if my science were truly an issue, why weren't they cited sooner? Why were my a why were my efforts overlooked? Especially given the gravity of the situation. All I have ever sought is transparency. The conflict of inaction outweighs uh the conflict of inaction weighs heavier than the comfort of complacency as I use the rights I have left to protect my children. Perhaps the purpose of my signs was to spark discomfort. After all, the crimes in our community certainly certainly make me uncomfortable. In conclusion, I urge you to consider that the ordinance sponsored by John Durst is meant to benefit the safety and well-being of our community. Yard signs can indeed be exempt if the time frames and movement requirements are met. I believe the staff response is well written, but infers requirements not found in the code and amidst significant details of legal importance. Any other interpretation would be an unconstitutional infringement on my rights. I respectfully ask your support in upholding these rights and confirming my signs will remain in place or deny them and allow me to appear uh to a higher court of jurisdiction. To quote

19:25 – 21:250

Harry S. Truman, America was not built on fear. America was built on courage, imagination, and un um and unbreakable determination to do the job at hand with hopeful informed perspective. I maintain my position and shall and shall I from there shall I proceed with the legal response because my argument stands simply is this that yes my signs are yard science that's there's no disputing it they meet the qualifications I'm very much aware of that but what was admitted and what is inferred in the staff report that the content or seasonal displays may need to meet a requirement such as holiday or um religious notation. The terms of season, the term seasonal decoration and related elements not being defined within the ordinance also do not per permit them to be interpreted in a way that I've put forth today. So it's for you to decide that it can seasonal be defined as a period of time and if and the season not being neutral of content not having to refer to religion or anything like that. Are they exempt as the exemptions in the ordinance for for science under section 116 noted in well it is not provided in this in the staff report definitions in my copy I have section uh section

21:21 – 23:190

1116 signs include in the insect exemptions portion section 11161 1 F. The provisions of this chapter 116 do not apply to sections 1116.01 F4, seasonal lightings, decorations for and related elements that are in place for less than 61 consecutive days and do not require heavy equipment to move or remove. the refusal to acknowledge the additional elements that lead my yard signs that allow my yard signs to be exempt being ignored makes the arguments makes the city's arguments an infringement on my um first amendment rights as they meet all the requirements outlined um within the city ordinance. So while it may seem petty, it may seem a little silly. Um the argument is legally sound and I leave it to you to decide. Can with those terms not have requiring a specific definition in our city ordinance, could they be defined in such a way that the season of justice as there are relevant cases being presented up to the level of the Ohio Supreme Court regarding this conduct in the city that the season of justice is not a valid argument that my display has met all the other requirements and should not uh constitute a threat of misdemeanor and fines up to $500 and potentially 60 days in jail. How many signs uh were you displaying?

23:17 – 25:130

Um it's changed since I installed them. How many signs were you displaying at that time? I think uh either eight or 10. I'd have to look at the pictures. Mhm. Okay. And the ordinance permits you to have two, right? Um not under the exemption. It says that my yard signs are exempt as long as they're related elements to a seasonal display. That's your interpretation, right? Well, seasonal not being defined and interpretation. Well, the the ordin is a general understanding of the word to be interpreted as such. That's your interpretation, right? Well, we we wouldn't generally understand season to maybe mean a period of time referencing sports or um people use it. It's a a very broad term. How many signs are permitted under the ordinance? Uh the ordinance um not in association with seasonal display allows um two. Correct. Right. Mhm. Okay. Uh did it ever occur to you that if you display a lot of signs on your yard that that might have some impact on traffic? Um it's it the root is awareness and and spreading the message um that um and they have been rooted in the protection and safety of for my children as I've stated as far back as September when my signs um um contributed to a response from council that um was on the news. Do you think that if you displayed 10 signs on your front property that that might be a distraction to drivers coming by?

25:14 – 27:100

Isn't it within my rights to abide by the city ordinances put forward for the health and uh to pursue the safety and well-being of my children? Isn't that within my rights as well? Two signs, but you put up more than two signs, right? Correct. As part of my seasonal display. say yes. People driving by might be distracted by several signs being all in a row as they So would you constitute it to be a distraction when people um employ companies to come and put happy birthday? Question I was asking I it would be the same relevance as it is something that's eye-catching. It's a seasonal display. It's meant to be engaging and um to decorate or enhance your property. the content and the root of why the display is put up is not what needs what is to be argued. Multiple people you utilize, you know, the seasonal display in different ways um throughout the year and as long as it's compliant in that way, the city and the city's code does allow it. So, all I'm suggesting is that if you had 10 signs on your front yard, okay, that might be a distraction to drivers and that could be a safety issue. Correct. You agree? Right. I I do. I also think that um that negating a protection order and um attempt going to Great Lakes to try and um attempt to provide the evidence um based on the seriousness of it um resulting in a woman um being attacked um possibly could have been prevented. So, I feel that that is a greater safety concern than a possible distraction that my signs would create. Um, this

27:06 – 29:040

um the the attack on this this woman caused the county to um indict him for strangulation, abduction, and domestic violence. I feel a a slowdown potentially in front of an area that has different speed limitations based on the times of day. um potentially drivers slowing down near my property is a common occurrence um and um not as great of safety concern um when um the concern is um someone being we understand that and we get that but that's not for us to decide this board. So exactly. So but the issue is and you just said it is that your signs aren't for decoration or seasonal. They have a purpose rooted in the belief stated it's for stated for a statement but not decoration not seasonal. Oh but it it's the season of justice related to relevant cases. You can't say that it's not defined in such a way because it's not it is not limited based on the ordinance. Now legally if it's not defined neutral of content, rooted in the belief that these are imperative to the safety and protection of my children. My message is important and I've ensured that I agree. Your message is is greatly important and it's what you're saying. It's your message, right? Which you have the right to do. Exactly. But you also have to follow the ordinance, right? Which I have. Right. Which is two signs which you are right now. Right. And and it's not a seasonal decoration because you just said it wasn't a seasonal decoration. It's the season of justice. that there's additional cases that have reason and that's what we're not gonna at this think we're going to spin tires on that one. Exactly. So then then what we're left with is if we can't agree on the interpretation because a general understanding applied to the definition

29:02 – 31:010

of the word versus what the city's stance on it. It if we're not in agreeance then it provides me the ability to appeal it to a higher level to review um the definitions from there. just pushing. Sorry, never mind. You're fine. You're fine. I I understand it's mic. Sorry. Uh so I get it. It seems like a trivial trivial item and but as I've stated where policy is lacking, I will use the efforts because I was and that's your right and that's you have all of that and we're not here to take any of your rights. We're just here to discuss what we control which I read earlier and then our law director led read to us. I can't just like I can't help you do you know I wish I could I wish I could help you you know but that's not any pervy to what I can do. I volunteered to sit on this board to follow the ordinances that the city gave me and then I have to interpret those. So your interpretation can always be different than my interpretation. Of course that's why we're here. We never have the same interpretation on things, but again, so what we're going to do is unless Tom, do you have any questions? How many signs do you have now? Um, I have two now. What about the sign on the chimney? Oh, um, that was not noted as being non-compliant. Um, that so it remain is open to interpretation, too. It It's still part of my display. Well, you got Wait, you have three sons technically. Technically, yes. Okay. So, are we not in compliance again? You see how this keeps going? Yes, I I very much understand. Okay. Uh uh there's one on the chimney and there's two in the yard. Correct. I absolutely 100% I served 35 years to this country to preserve your right for freedom of speech and everything as long

30:58 – 32:570

as that sign is not illegal, immoral, or illicit. Correct. Okay. I support it 100%. However, I agree with what Chris is saying. We have to follow what is in the code right now. And right now, I'm seeing three signs verse two. Excuse me. Yeah, if I may. Uh the current case is about the two yard sign. So you write three signs but just for the and it comes back to interpretation. Exactly. Yeah. Okay. And that's where the you see what my point is. Yes. Oh. So I see three signs. You say well you know the law director says which we're talking yard signs. Absolutely. But I see three. Okay. Just a point. And that's and that's where the legal side of constructive debate and discussion comes into play. And that's and that's all we're doing here today. There's no it's nothing personal. It's on it's do they meet the requirements of the code regardless of the content and the code does state that the exemption portion I've provided my seasonal and my seasonal theme um and based on the definition for uh within the code not being limited to include my interpretation I utilize it in such a way and if the stance is not in agreeance I completely understand that's why we're here today. Then did you have anything else? Um I would just like to reiterate the point that the code is very clear regarding the definition of a sign. Correct. And it includes numerals as in the TPD3 sign. It includes letters as in the TPD sign. And it includes

32:54 – 34:530

phrases as in we release the record sign. The code makes a distinction between those being signs and exemptions for decorative items such as lighting, garland, and so forth. Putting lighting and garland and other non-copy type features onto signs does not make the signs decorative. Signs are clearly defined by the ordinance. Well, Lynn, correct me if I'm wrong. 111 uh uh 1116 or 11163-B. Okay. R4 yard signs, two per lot, six square feet. Uh minimum setback 10 ft. But down here under it says allowed illuminate allowed illumination. None. Correct. So in fact the lighting um in essence exacerbates the nonconformity of the signs that the applicant is calling okay doesn't make them decorations can Yep. Yes. Yes. Um, and I'm in agreeance. I don't dispute um the stance on that. Um, but as those codes are listed in this section 116 of science and outlined in the rules of science, the preceding section states that it that seasonal lighting, decorations, and related elements, as long as they meet the time frame, understood. And while your argument at the same time is valid, it also does not say that it cannot be interpreted the way I've utilized it. So I just want to make note of that as well. It does not say that tinsel, garland or lighting with it. If

34:51 – 36:500

the yard signs have tinsel, garland, and lighting, it does not say that they cannot be utilized as related elements to the seasonal display as the that the yard signs are part of. Um, okay. So, we're going to go ahead and make a motion. Thank you. I appreciate all that. Um, I'm going to go ahead and make a motion. I'm going to, uh, at this time, I'd like to make two motions on the appeal O2-2025. We're going to handle them separately on these two motions. The first motion is to affirm the nuisance sign violation and order for corrective action issued by Jason Pastorius, acting zoning administrator involving Ashley Everett Durst, resident of 10,000 Ravena Road. Do I have a second? I have a second. Roll call, please. Mr. Griffith? Yes. Mr. Canel? Yes. Mr. Brown? Yes. Okay. Uh the second motion that we're going to request is that the law director to provide a summary of findings associated with this administrative appeal. Do I have a second? Second. Uh roll call, please. Mr. Griffith. Yes. Mr. Brown. Yes. Mr. Canler. Yes. Okay. So those that motion passed. So then it goes Mr. Rick. On on that point, Mr. Chair, if I if I may jump in. So, as as we've done in the past with the written decisions, I will take that uh directive that you passed through that motion uh and prepare a written decision consistent with the discussion and the evidence that was offered tonight that will be brought back at your next monthly meeting to be reviewed and voted on by this commission as your official written decision. So, you made the decision tonight to affirm the administrative decision. The written decision and the minutes collectively will become the official decision of the board. And then those will be sent to That's correct. A great point. So after the

36:48 – 38:460

decision is adopted, the written decision and the minutes, those will be delivered to you immediately or within a day. You know, we can digitally send them out, I'm sure, to you. Uh and then at that point, her next appellet right, as she mentioned, would be to the Court of Common Police. There are no more internal appeals uh within the city to appeal the uh um administrative decision. So our next Lynn, do we have a next meeting set? We do not. So we don't meet regularly like city council or anything like that. So um I mean we have to put one but we don't have an application at this point other than but she need she can't move forward until she gets our written response. Yeah. When's the next regular meeting? Be May 28th. We don't have one in April. Yeah. What about April? Oh, wait. Sorry. Got ahead. It's a long ways away. Yeah. I said let's a long So, is there one April 23rd? April 23rd is our next. Okay. So, that's Yeah, I would I would say that we t we tentatively pencil that in if only for the agenda. item to review the minutes that'll be prepared after this meeting and the written decision. That way it doesn't. So by April 23rd as yeah you should hear from or we'll be here to do that and then we'll get you that written statement. You don't have to attend that one but you can you're welcome to attend as always. Yeah, that would be a public meeting. Nope. Nope. He's right. Public it would be April 24th likely, not the 20 because she would vote. Yep. On the 23rd and then staff on the next day would Yeah. would get that. Yeah. Okay. Okay. All right. Thank you so much for your time. Appreciate it. Thank you. I'm going to put that on my calendar.

38:42 – 40:400

Okay. We're going to move to appeal uh 03-2025. If the applicant could come up to the uh microphone up here. Um if you could state your name and address for us, please. Sean Martyr, 9859 Chamberlain Road. Okay. Give me a sec here. Sorry, we're Um, yeah. Uh, if you want to go ahead and just kind of give us a rundown of what your plan is, what you're thinking, and what you're here. So, basically what I'm trying to do is put an addition over top of existing garage. So, we're going to tear the roof off and put roughly about 700 ft in addition. So, we had an um a licensed architect come out and he approved the footers and the foundation and everything. did approve that we are good to go. So just kind of but then I just kind of learned that we're roughly on the side of the addition we have plenty of room from the 10 ft over to the neighbor but on the other side it's like with maybe we we need maybe about 2 ft. Tom, any questions from you? No, you're primarily going up. Correct. Everything's going up. Yes. And you're you're already in a non-compliant state. Correct. Correct. This the house was built prior to our zoning ordinance. Correct. Um I think it was in 1952. Yes. So it is legal what we would categorize as legal non-informing. Okay. No, that's all I have. Anything for you? Nothing for me. So um Mr. Pier, anything question? Thank you. I miss one. I would just like for the record that um permit applications have been received by the building division. They've been approved as Mr. Martyr stated. There was a

40:37 – 42:350

question of structural soundness um with the existing garage to support the second story addition. Um we've overcome that obstacle and the building department um has confirmed through architectural review of um for the project that it it'll sustain the second story. Okay. Uh with that, I'd like to make a motion to approve the v appeal variance for 03-2025. Um do I have a second? Second. Say exception. Exception. Yeah, we should use the word exception. Yeah, this is under the new code. This is and my apologies. I didn't catch that while my a variance. It's an exception. Yeah, it's it's the a non a legal non-informing use. How long did it take to change? Keep up that. Come on. Sorry guys. It's been a long one. Okay. Victor, going to go back here a step then. We would like to appeal the exception pursuant to the section 1125-05 of the Twinsburg Planning and Zoning Code. Do I have a second? Second. Roll call, please. Mr. Griffith, yes. Mr. Brown, yes. Mr. Canler, yes. You're uh all approved on your exception, which is weird for me to keep saying. Yes. What are his next steps? I'm sorry. I'm drawing a blank on this. You're good. So, there's a 30-day um time frame where council can overturn the decision of this board. Um I a lot of times we can wait that 30-day. I this applic please. Yes. Okay. I I will make that motion at the next

42:33 – 44:320

council meeting as I give the report from this meeting. Thank you. And do we know that next meeting? Sorry. Next council meeting. It's uh two weeks from yesterday. So it's going to be 28th or April. April 8th is the next council meeting. So Mr. Barry will take that there in two weeks roughly. I we had a meeting last night roughly. It's the second Tuesday in uh the month. I I don't have the date in front of me. Mayor said nine. Well, then we'll know the day after. Okay. You're you're 30 days. 8th. Okay. April 8th. April 8th. Yeah. April 8th. April 8th. I looked at the official city calendar. April 8th is the next. And you don't have to attend that one. You're more than welcome again to attend. Those are public meetings that you know, Mr. Curry and the mayor are at that you can come and see those gentlemen. We will not be there. But um you came to attend that meeting specifically for that um um variance being or the 30 days being waved that would take place in reports. So we start off with you know we come in do presentations and then we we do reports right after public participation. So it's early in the meeting. You don't there's not legislation after that you need to stay for. Okay. But uh it would just it'll be be done in the report section of the agenda. All right. Thank you. Thank you so much for your time tonight. Thank you everyone. Okay. So, do I have a motion to excuse this Mr. Jameson because Shannon is not? No. Okay. Do I have a motion to excuse Mr. Jameson from so moved? Second. Mr. Brown? Yes. Mr. Chancellor? Yes. Mr. Yes. any communications? I know we met our new partner here, right? Yeah, that

44:28 – 45:190

that's awesome that um been in the meeting this evening. So then at our next month meeting when we look at the summary findings, we can swear you sorry. Yeah. Uh we just need a motion to approve the minutes of the January 22nd, 2025 So moved. Second. Mr. Counselor. Yes. Mr. Brown. Yes. Mr. Griffith. Yes. And then you'll have Danielle send us out a meeting reminder for the end of April. And uh we'll see if anything else comes. All right. I move to adjourn the meeting at 6:16. He told you he couldn't.

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