VILLAGE OF CHAGRIN FALLS
CHARTER REVIEW COMMISSION
May 23, 2006

Members present: Champlin, Schach, Bodwell, Hubbard, Schmidt
Also present: Bloom, Byron, Lindner, Wilharm, Boehringer, Rogoff, Baker, Lange, Fricke

The meeting was called to order at 7:00 p.m. by Chairman Lydia Champlin.

ARTICLE VII (SECTIONS 4 AND 5) - PLANNING AND ZONING COMMISSION & BOARD OF ZONING APPEALS

The main topic of discussion for the Board of Zoning Appeals was that the BZA hears the entire testimony from the applicants of a variance or appeal and they basically function as a jury. After they have made their motion to approve or deny, it then goes to Council for their final action. Council doesn’t hear the testimony and it was questioned why the final action wouldn’t be from the BZA.

Mrs. Champlin said there are 4 appointed people (who are not elected) on the Board of Zoning Appeals and one representative of Council. She feels that Council is the ultimate authority because they are elected by the public. They are the ones who take the risk of litigation and she is not sure that they would get 4 residents to volunteer and participate if they knew that they would have the same consequences that the Council members have regarding litigation.

Mr. Byron said they could structure this any way they want. Some communities have Council acting as the final authority, as the decision maker for the community. Orange Village has variances that are granted or denied by their Council and Hunting Valley has their Planning and Zoning Commission function as the Board of Zoning Appeals. In Waite Hill they have a Board of Zoning Appeals, which has the final word. He would recommend one initial hearing and one final decision maker, whether it be the BZA or Council, and have that entity conduct the hearing.

Mr. Wilharm, Chairman of the Board of Zoning Appeals, said he agrees that Council should have the final decision. They have the minutes of the BZA meetings before their Council meetings so they can read exactly what the testimony was and what the motion of the Board was. Council does not have the time, nor should there be a repetition of the presentation of the evidence.

It was said that if Council is going to have the final decision they should hear all of the evidence to make that decision.

Mr. Byron said if they want Council to continue to exercise authority they should provide for that in the Charter and they may want to delineate the procedure by which variances are considered. Mr. Byron was asked to draft a proposed amendment that would accomplish that so they could review it and modify it if necessary.

Mrs. Champlin said they have to think about the next step. If Council would agree to put this on the ballot it is then convincing the public. It would be a radical departure to eliminate the BZA, if that is what they decided on.

It was mentioned that there is nothing in the Charter that the BZA elect a chairman nor is there anything about a quorum. It was said that that is in Section 1111.05 of the Zoning Code.

Mr. Byron will present the amendment draft at the June 13, 2006 meeting.

Several issues were discussed regarding the Planning and Zoning Commission but no changes were proposed.

The next meeting will take place on Tuesday, May 30, 2006 at 7:00 p.m. with the Architectural Review Board.

The meeting adjourned at 8:15 p.m.

___________________________
Lydia Champlin, Chairman
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