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TO ALLOW THE $300 FEE PAID BY LORI EBRIGHT OWNER OF THE DOLPHIN LOUNGE FOR THE FILING OF A VARIANCE WITH GAHANNA PLANNING COMMISSION TO BE USED FOR THE FILING FEE FOR BZA, AND TO WAIVE THE ADDITIONAL $200; AND TO DECLARE AN EMERGENCY.
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WHEREAS, Lori Ebright, owner of the Dolphin Lounge, 345 Agler Road, sustained wind damage to her sign in October, 2012 and was sent a final notice of violation on June 6, 2013; and
WHEREAS, as a result of this notice of violation filed an application for variance with the Planning Commission because of the wind damage to the non-conforming sign at her establishment; and
WHEREAS, the application for variance was to allow a non-conforming sign in need of repair or replacement to retain its non-conforming designation; and
WHEREAS, the Planning & Zoning Administrator ruled that when the sign was taken down it lost its grandfathered status and should not have been put back up by code; and
WHEREAS, opinion was given by the City Attorney while the variance application was in process that a variance was not what was needed, but that the applicant could appeal the order of the Zoning Administrator re-issued September 19, 2013 that the sign was in violation and must come down; and
WHEREAS, the applicant decided to file an appeal with the Board of Zoning & Building Appeals to allow her to put the sign back up; and
WHEREAS, Ms. Ebright's attorney has suggested that because of the confusion as to what the appropriate action was that the $300 fee paid for the variance to Planning Commission be applied to the fee for the BZA filing and that the additional $200 fee be waived; and
WHEREAS, City Council agrees and has recommended that the $300 already paid should be applied to the BZA filing fee and the additional $200 should be waived; and
WHEREAS, it is imperative to move forward with this ordinance as a BZA hearing is scheduled in the next several weeks, and all for the preservation of the public peace, property, health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:
Section 1. That the filing fee of THREE HUNDRED DOLLARS ($300) paid by Lori Ebright, owner of the Dolphin Lounge, for the variance filed with Planning Commission be applied to the appeal fee to the Board of Zoning & Building Appeals, and that the additional TWO HUNDRED DOLLARS ($200) filing fee for BZA be waived for the property located at 345 Agler Road, Gahanna Ohio.
Section 2. That second reading of this ordinance be waived.
Section 3. That, for the reasons set forth in the preamble hereinabove, this ordinance is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.