Title
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, p...
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