LAFAYETTE TOWNSHIP BOARD OF ZONING APPEALS

Regular Quarterly Meeting

6776 Wedgewood Road, Medina, Ohio

April 2, 2009, at 7:00 p.m.

Chair Andrea Kacinari called the meeting to order at 7:00 p.m. Roll call indicated five members of the Board of Zoning Appeals were present: Mark Riffle, Andrea Kacinari, Lisa Takach, Jack Chester (alternate) and Athena McAfee (alternate). Dave Parker and David Jenkins were absent.

Minutes

Upon motion by Mark Riffle, duly seconded by Lisa Takach, the minutes of the

January 8, 2009, meeting was approved and signed.

Correspondence

The secretary distributed the following items:

- March 2009 Grassroots Clippings newsletter

- Listing of 2009 Zoning Permits through March 2009

- Letter dated 3/19/09 from Attorney James O’Connor re. Eck v. Bady et al v. Lafayette Township et al (case settled and dismissed March 2009)

- Letter dated 2/13/08 (postmarked 1/12/09) from Medina County Prosecutor’s Office re. Time for Perfecting an Appeal from a Decision of a Township

Old Business

The issue pertaining to nonconforming lots in the Chippewa Lake area is still being reviewed as to the possibility of a blanket variance, special zoning etc.

It was reported by the secretary that the draft of the Lafayette Township Comprehensive Plan revision had been received earlier but the matter was on hold.

New Business

The board members reviewed the Lafayette Township Board of Zoning Appeals 2009 Meeting Schedule and Rules of Procedure. Upon motion by Andrea Kacinari, duly seconded by Athena McAfee, the Lafayette Township Board of Zoning Appeals 2009 Meeting Schedule and Rules of Procedure was unanimously approved and signed.

Chair Andrea Kacinari recently attended the York Township Board of Zoning Appeals training sessions moderated by Assistant Prosecutor William L. Thorne. Some items noted included:

- The difference in procedure between a meeting and a hearing;

- The board’s job is to collect evidence and then make a decision;

- A petition/application doesn’t count as evidence – actual evidence is needed and it should be labeled as exhibit A, B, C etc.;

- The board may start hearing matters not only for variances but if the zoning inspector cites somebody for a violation, that person can come to us and we would be hearing the appeal and our board can override the zoning inspector;

- As long as we have detailed minutes and we explain why we voted the way we did if somebody appeals our decision the courts will generally uphold us as long as we explain why we said what we did;

- The board can subpoena witnesses if necessary;

- If the zoning code doesn’t allow something, the board can’t allow it either;

- The board doesn’t need to make a decision the night of the hearing, the hearing can always be continued if more information is needed;

- When an application is for an area variance, it is extremely important for the board members to review the Duncan Factors (listed in the zoning code under BZA) and state which of those factors would apply to the particular application;

- At least three members of the board should reference the Duncan Factors in making the decision – and you don’t have to agree on the same factors.

Announcements

- The next regular quarterly meeting of the Board of Zoning Appeals is scheduled for Thursday, July 2, 2009, at 7 p.m. at the township hall.

- The next MCDPS Zoning Workshop is Wednesday, April 15, 2009, at 6:30 p.m. in Room 309, Medina County University Center. Topic is: Variances and Conditional Uses.

Adjournment

Upon motion by Mark Riffle, seconded by Andrea Kacinari, it was unanimously approved that the meeting be adjourned. Meeting adjourned at 7:30 p.m.

Marlene L. Oiler, Certified PP, PLS

Lafayette Township Board of Zoning Appeals Secretary

(Note: Minutes approved on 5/19/09.)