City of Lyndhurst, Ohio City Council
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July 5, 2011: City Council
AGENDA:

 
REGULAR MEETING of the Council of the City of Lyndhurst, Tuesday, July 5, 2011, at 8:00 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; R. F. Porrello, Chief of Police; F. E. Glady III, Director of Service; M. A. Kovalchik, Director of Finance; T. P. Kunz, Building Commissioner; M. J. Carroll, Chief of Fire; H. J. Lensner, Assistant Clerk of Council.
 
COUNCIL:
 
Minutes:
 
Approve Minutes of the Special Meeting of Council held Tuesday, June 6, 2011.
 
Approve Minutes of the Regular Meeting of Council held Tuesday, June 6, 2011.
 
Committee Reports:
 
MAYOR'S REPORT - MAYOR CICERO
 
FINANCE COMMITTEE - WARD
 
PUBLIC LANDS & BUILDINGS COMMITTEE - FREY
 
ROADS & UTILITIES COMMITTEE - GAMBATESE
 
SAFETY COMMITTEE - LoPRESTI
 
SERVICE & SEWERS COMMITTEE - FISHER
 
LEGISLATIVE COMMITTEE - MARKO
 
PLANNING COMMISSION - WARD
 
SOUTH EUCLID-LYNDHURST BOARD OF EDUCATION
 
Requests for additions to the Agenda:
 
Public Comment:
 
SECOND READING
ORDINANCE NO. 2011-30
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-38
INTRODUCED BY: ADMIN
 
AN ORDINANCE ADOPTING THE 2012 TAX BUDGET AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-39
INTRODUCED BY: ADMIN
 
AN ORDINANCE AMENDING CHAPTER 143 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "FIRE DEPARTMENT" BY ENACTING SECTION 143.05 REGARDING MAXIMUM AGE OF APPOINTEES, AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-40
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE SALE OF A 1980 FORD L8000 LEAF TRUCK AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-41
INTRODUCED BY: ADMIN
 
AN ORDINANCE RATIFYING THE ACTION OF THE CLERK OF COUNCIL TO READVERTISE FOR BIDS FOR THE SALE BY INTERNET AUCTION OF SIX (6) SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
ORDINANCE NO. 2011-42
INTRODUCED BY: ADMIN
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2011 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
RESOLUTION NO. 2011-43
INTRODUCED BY: ADMIN
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO KATHY LOMBARDO FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A MEMBER OF THE POLICE DEPARTMENT.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-02
 
Recommendation made to Council to confirm the decision of the Board in Case No. 2011-02 to deny requested variance to Joshua Wyatt of 1254 Blanchester Road, from the provisions of Section 1160.04 (a) (2) A & B of the Planning and Zoning Code, to permit parking and/or storing of a commercial vehicle outside at any time in plain view.
 
Correspondence:
 
Ohio Division of Liquor Control for change of corporate stock ownership for C1 and C2 for Laxmi Ma, Inc., dba Lyndhurst Beverage, 5343 Mayfield Road.
 
REQUEST AUTHORIZATION TO ADVERTISE FOR BIDS:
 
Electronic sign.
 
TABLED ITEMS:
 
ORDINANCE NO. 2010-30
INTRODUCED BY: Councilman Schlessel
 
AN ORDINANCE AMENDING CHAPTER 432 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "OPERATION GENERALLY" BY ENACTING NEW SECTION 432.44 PROHIBITING DRIVING A VEHICLE WHILE USING A MOBILE COMMUNICATION DEVICE BY AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN YEARS, OR BY AN INDIVIDUAL WITHOUT A VALID DRIVER'S LICENSE, AND DECLARING AN EMERGENCY.
 
July 5, 2011: City Council
MINUTES:

 
The Council of the City of Lyndhurst met in Regular Session on Tuesday, July 5, 2011 at 8:07 P.M., Vice Mayor Lane A. Schlessel, presiding.
 
Members Present:
Council Representatives: D. J. Fisher, D. A. Frey, J. A. Gambatese, C. A. LoPresti, J. A. Marko, L. A. Schlessel, P. A. Ward.
 
Others Present: J. M. Cicero, Jr., Mayor; P. T. Murphy, Director of Law; M. J. Carroll, Chief of Fire; R. F. Porrello, Chief of Police; H. J. Lensner, Assistant Clerk of Council.
 
Absent: F. E. Glady III, Director of Service; T. P. Kunz, Building Commissioner; M. A. Kovalchik, Director of Finance.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that reading of the minutes of the Special Meeting of Council held Monday, June 6, 2011, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously, with Mr. Marko abstaining.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that reading of the minutes of the Regular Meeting of Council held Monday, June 6, 2011, copies of which were mailed to all Members be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously, with Mr. Marko abstaining.
 
MAYOR'S REPORT - Mayor Cicero reported that the soft opening for the splash park went very well, and that the official grand opening for the park is on Sunday, July 10th at noon, with free admission. Refreshments will be provided courtesy of the City and coordinated by Mr. Ward, Mr. Schlessel and Mr. Frey. The Mayor congratulated Council on a job well done with the park, saying that it is a success and Council should be proud.
 
The Mayor also reported on his recent trip to San Francisco, where he attended a Homeland Security conference. He revealed that the Northeast Ohio area is in jeopardy of losing its Urban Area Safety Initiative monies. The committee the mayor is on for Northeast Ohio helps maintain the proper usage of those monies for protection of our area from terrorist attacks and natural disasters. The Mayor further stated that Congress has made it pretty obvious that those funds will be diminished in about a year. Mayor Cicero asked the Lyndhurst residents to follow all of this to see how it pans out.
 
Mr. Schlessel mentioned that although it is not a current agenda item, hopefully it would become one soon, and began to give a Vice-Mayor's Report. Mr. Schlessel thanked Mr. Glady and Mr. Frey for doing such a great job spearheading the Sprayground project over the previous few years.
 
FINANCE COMMITTEE - Chairman Ward had no report.
 
PUBLIC LANDS & BUILDINGS COMMITTEE - Chairman Frey had no report, but declared his excitement for the coming Sprayground grand opening.
 
ROADS & UTILITIES COMMITTEE - Chairman Gambatese had no report; however, he noted that the Winchester Road project was underway and should be ongoing for the next 75 days, according to the posted signage.
 
SAFETY COMMITTEE - Chairman LoPresti had no report.
 
SERVICE & SEWERS COMMITTEE - Chairman Fisher had no report.
 
LEGISLATIVE COMMITTEE - Mr. Marko informed Council that the Legislative Committee had met that evening prior to the meeting to discuss Ordinance No. 2011-30. He described how he would like to change some of its verbiage to better achieve its intended goals. He stated that the Committee discussed at length what the purposes of the ordinance are, with some Members of Council expressing some opposition to it passing. Chief Porrello mentioned that the ordinance should keep up with today's technology to include cell phones, iPods, anything that would potentially distract a driver from hearing emergency vehicles. It was motioned by Mr. Frey and seconded by Mr. Ward to adopt Ordinance No. 2011-30, and recommended to Council for adoption. The meeting was adjourned at 7:52.
 
PLANNING COMMISSION - Mr. Ward reported that the Planning Commission did meet on Thursday, June 23rd to address two agenda items. The first was regarding the development of River Creek on Richmond Road. River Creek asked permission to change from a planned duplex to the possibility of a single unit on the same subdivided lot. That matter was recommended by the Planning Commission for approval. The second item was relative to Acacia Country Club Estates. The applicant wanted to increase the density, increase the number of duplexes. All of those duplexes would be on the Winchester side of Eagle Point Drive, which was not something that the Planning Commission was in favor of at the time that the initial plat was approved. It was stipulated that no duplexes would be allowed on that side. The matter was tabled, and the Planning Commission will meet again in workshop session to further that discussion.
 
Mr. Ward noted that since the recommendation from the Planning Commission wasn't on the agenda, he would like to add it to confirm its decision.
 
It was moved by Mr. Ward, seconded by Mr. Frey, that the recommendation from the Planning Commission be added to the agenda.
 
Mr. Schlessel noted that since there was no representative present from the South Euclid-Lyndhurst Board of Education, and that since school is not currently in session, they will be re-added to the agenda for September's meeting.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that Resolution No. 2011-43 be moved to the front of the ordinances for the evening's meeting.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
The meeting was opened to public comment.
 
Richard Clark, of 5347 Chickadee Lane, remarked that he comes to Council meetings to listen to the questions that are asked and the answers that are given to said questions. He stated that he likes to determine whether a question is being answered accurately or if the point of a question is being diverted. Mr. Clark mentioned an incident at a meeting two months prior, when other citizens raised questions about some of the verbiage used in an ordinance. He elaborated by stating that while he understands that negotiations can be difficult, the people elected to do these negotiations were elected because they are the most trusted of neighbors. Mr. Clark said that all negotiations need to have the full package examined so that everyone understands the cost to the taxpayers and the benefits given to employees.
 
Elizabeth DeGiovanni, of 5169 Thornbury Road, inquired as to why things on the agenda are declared as emergencies. Mr. Murphy explained that not everything is an emergency, but emergency clauses are included at the request of whoever is requesting the legislation. He further elaborated that the emergency clause allows for the legislation to be passed immediately, upon the approval of five members of Council. Mr. Ward stated that the emergency clauses in each piece of legislation explain why that particular legislation is deemed to be an emergency. Mayor Cicero explained the procedure for ordinances being put on first, second, and third readings. Ms. DeGiovanni questioned why something on second reading would still be considered an emergency; Mr. Schlessel responded by saying that the emergency has nothing to do with the number of readings.
 
Dennis Gustafson, of 4907 Westbourne Road, commented that in industry, an emergency is when life, limb or property is in danger, and that is when the term "emergency" is to be used. Upon asking why the verbiage cannot be changed to "urgent" or something similar, Mr. Murphy explained that it is State Law to refer to it as an emergency. Mr. Gustafson then inquired as to the limit on weed growth around one's house, and was told by Mr. Schlessel that the limit is eight inches. Mr. Gustafson mentioned that he had complained about one of his neighbors' weed problems in the past, and was then instructed by Mr. Murphy on the procedure for nuisance abatement.
 
RESOLUTION NO. 2011-43
INTRODUCED BY: ADMINISTRATION AND ALL MEMBERS OF COUNCIL
 
A RESOLUTION EXPRESSING COMMENDATION AND SINCERE APPRECIATION TO KATHY LOMBARDO FOR SERVICE RENDERED FOR, TO AND ON BEHALF OF THE CITIZENS OF THE CITY OF LYNDHURST, OHIO AS A MEMBER OF THE POLICE DEPARTMENT.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Resolution No. 2011-43 be placed on second and third reading for final adoption and that it be read in its entirety.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Resolution No. 2011-43 was read in its entirety by Ms. Lensner.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Resolution No. 2011-43 be adopted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Resolution No. 2011-43 is adopted.
 
SECOND READING
ORDINANCE NO. 2011-30
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING SECTION 432.41 OF THE CODIFIED ORDINANCES OF THE CITY WITH REGARD TO USE OF EARPHONES WHILE DRIVING AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading and that Ordinance No. 2011-30 be placed on second reading.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
ORDINANCE NO. 2011-38
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE ADOPTING THE 2012 TAX AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-38 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-38 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Ordinance No. 2011-38 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-38 is passed.
 
ORDINANCE NO. 2011-39
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AMENDING CHAPTER 143 OF THE CODIFIED ORDINANCES OF THE CITY ENTITLED "FIRE DEPARTMENT" BY ENACTING SECTION 143.05 REGARDING MAXIMUM AGE OF APPOINTEES, AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-39 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-39 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-39 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-39 is passed.
 
ORDINANCE NO. 2011-40
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE CITY OF SOUTH EUCLID, OHIO FOR THE SALE OF A 1980 FORD L8000 LEAF TRUCK AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-40 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-40 was highlighted by Ms. Lensner, with Section 3 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that Ordinance No. 2011-40 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-40 is passed.
 
ORDINANCE NO. 2011-41
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE RATIFYING THE ACTION OF THE CLERK OF COUNCIL TO READVERTISE FOR BIDS FOR THE SALE BY INTERNET AUCTION OF SIX (6) SURPLUS MOTOR VEHICLES, AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE HIGHEST BIDDER FOR SUCH MOTOR VEHICLES AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-41 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-41 was highlighted by Ms. Lensner, with Section 6 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-41 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-41 is passed.
 
ORDINANCE NO. 2011-42
INTRODUCED BY: ADMINISTRATION
 
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH CHAGRIN VALLEY PAVING, INC. FOR THE 2011 ASPHALT RESURFACING PROGRAM AND DECLARING AN EMERGENCY.
 
It was moved by Mr. Marko, seconded by Mr. Ward, that rules set forth under Section 123.01 Codified Ordinances be suspended for full reading, that Ordinance No. 2011-42 be placed on second and third reading for final passage and that it be highlighted.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Rules suspended.
 
Ordinance No. 2011-42 was highlighted by Ms. Lensner, with Section 4 being read in its entirety.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that Ordinance No. 2011-42 be passed.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion carried.
Ordinance No. 2011-42 is passed.
 
It was moved by Mr. Ward, seconded by Mr. Marko, that the recommendation of the Planning Commission with regard to redefining the plat for the River Creek development be approved.
 
The question was put to a voice vote and passed unanimously.
 
Confirm decision of the Board of Zoning Appeals:
 
CASE NO. 2011-02
Recommendation is made to Council to confirm the decision of the Board in Case No. 2011-02 to deny requested variance to Joshua Wyatt of 1254 Blanchester Road, from the provisions of Section 1160.04 (a) (2) A & B of the Planning and Zoning Code, to permit parking and/or storing of a commercial vehicle outside at any time in plain view.
 
The findings in Case No. 2011-02 as recorded in the minutes of the meeting of the Board of Zoning Appeals held June 13, 2011 were read by Ms. Lensner.
 
Mr. Murphy explained that Mr. Wyatt and his attorney would be provided an opportunity to explain their view on why the decision of the Board of Zoning Appeals should be reversed, and that anyone in the audience was welcome to make a statement, as well.
 
Joshua Wyatt, of 1254 Blanchester Road, explained his personal situation and why he desired to keep his work vehicle in his driveway. He testified that his work vehicle is a good-looking truck with a toolbox on the back, and that he previously had no issues with the truck being in plain sight when he moved there in 2008. He stated that the truck is too large to fit inside his garage and that is the reason for it being in his driveway. Mr. Wyatt explained that there is only one other vehicle in his family, and since he and his wife both work, he needed to have access to his work vehicle to get to and from work, which is located in Chardon.
 
Mr. Wyatt explained that he was able, for a short time in 2010, to park his work vehicle at a local lumberyard, walk there, drive to work, and leave it there overnight. He stated that he is no longer permitted to park his truck there, due to parking restrictions. He mentioned the location of his truck in his driveway, which is an apron off to the side of the driveway. Mr. Wyatt also testified that he went to every house on his street, talking to people or leaving letters, and that the great majority of responses were in favor of him being allowed to keep his work vehicle on his property. He concluded by stating that he keeps his truck in a clean condition, it is something he prides himself on, and that this issue was a very big deal for him.
 
Dennis Gustafson, of 4907 Westbourne Road, recalls there always being some kind of an ordinance in Lyndhurst regarding commercial vehicles. He stated that the only reason Mr. Wyatt wants to bring his work vehicle home is so he would not have to buy another vehicle. He extrapolated on that, stating that he would have loved to have a commercial vehicle when he was younger and not have to worry about putting gas in it, but that he had to have two vehicles of his own for similar reasons as Mr. Wyatt.
 
E. Dale Inkley, of 5126 East Farnhurst Road, opined that commercial vehicles parked in driveways make Lyndhurst look less attractive, and he would not like to have one parked next door to his house. He stated that approval of this variance would open the door for others to make the same request, and they may not be well-cared for, polished vehicles. Mr. Inkley stated that after he attended the meeting of the Board of Zoning Appeals, he walked the distance from Mr. Wyatt's home to the lumberyard where he had parked his truck, and it did not take the purported hour to walk; rather, it took him twelve minutes. Mr. Inkley concluded by saying that no special circumstances justify a variance from the ordinance, and suggested that a good solution would be to store the work vehicle in a local area, as was previously done by Mr. Wyatt in the local lumberyard. He then urged Council to confirm the decision made by the Board of Zoning Appeals to keep Lyndhurst an attractive community.
 
Elizabeth DeGiovanni, of 5169 Thornbury Road, stated that there is a man who parks a commercial vehicle right on his front lawn, on Richmond Road. She opined that if he can park on his front lawn on a main road, then Mr. Wyatt can park his truck in his own driveway.
 
Attorney Simon Johnson, of 1678 Algiers Drive, Mayfield Heights, addressed the "slippery slope" concern that was raised by a couple of people, mentioning a variance that was granted a few years prior. He stated that his client has already suffered hardship in this situation and doesn't need to go through any more.
 
Mr. Ward stated that although a variance had been granted in the past, it has no bearing on the current issue. He stated that he examined the ordinances from all surrounding cities and that they are at least as stringent as Lyndhurst's. He further stated that the inconsistency from which the City of Lyndhurst suffers is driveway size, and that some driveways aren't even as long as the vehicle in issue. He believes that the ordinance was designed for a very good reason, and that while Mr. Wyatt's vehicle may not be as noticeable as some others may be, it is a slippery slope, and if Council starts granting variances and nipping away at the viability of ordinances, they won't be able to differentiate between a well-kept truck and a not-so-well-kept truck. He concluded by expressing an understanding of Mr. Wyatt's hardship, but that other accommodations should be made in this situation.
 
Mr. Frey asked Mr. Wyatt some questions about his truck, learning that the truck is white with black lettering. Mr. Wyatt then offered some photographs of his truck that he had taken. Mr. Frey further inquired as to what Mr. Wyatt's closest neighbors had to say about the work vehicle being in his driveway. Mr. Wyatt informed Council that on the whole street, there were maybe one or two people not in favor of supporting his variance request. He further explained that regarding his abutting neighbors, the one directly across the street was unavailable but that the neighbors on either side of that house were highly in favor, and also the neighbors on either side of Mr. Wyatt's house were highly in favor. He then explained that he could no longer park his truck at the lumberyard upon request from the lumberyard, and he did not know the reason why.
 
Mr. Gambatese stated that he had received calls regarding this issue, since it is taking place in his ward. He said that some calls were in favor of the variance, and others were against it. He also mentioned that everyone, for or against, did understand the circumstances of the situation.
 
It was moved by Mr. Ward, seconded by Mr. Gambatese, that Council confirm the decision of the Board of Zoning Appeals in Case No. 2011-02, and that enforcement be delayed for 45 days to enable My. Wyatt to find suitable storage for his vehicle.
 
Roll Call:
 
Yeas: Fisher, Frey, Gambatese, Marko, Ward, LoPresti, Schlessel.
Nays: None.
 
Motion denied.
 
Correspondence from the Ohio Division of Liquor Control for change of corporate stock ownership for C1 and C2 for Laxmi Ma, Inc., dba Lyndhurst Beverage, 5343 Mayfield Road was noted with no objections.
 
In response to request for same, it was moved by Mr. LoPresti, seconded by Mr. Ward, that the Clerk be and she is hereby authorized and directed to advertise for bids for the Electronic Sign.
 
The question was put to a voice vote and passed unanimously.
 
It was moved by Mr. Ward, seconded by Mr. LoPresti, that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Meeting adjourned at 9:04 P.M.


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