THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

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The Appeals Boazd sha1L hear and decide appeals where it is alleged there is anerror n any order regwiemen decision or detenWnaaon made by the Ftoodplaiv AdmiWstmtox ivthe administmaon orenforeemem ofNose regWaaons tits authorize variancesmmcordancewith Section308 24 doftheseregWaaons c Avoe es Any permvaffected byany mace and order orothu official actionofthe Ftoodplaiv Admmistmtor may request and shalt be granted a hearing on the matter before the Appeals Board provided that such person shall file within 30 days ofthe dateof such nonceand orderoroNerofficial action abxiefstetemem ofNegrounds forsuchheazing orf the ndagatioa of any item appearing o any order of the Ftoodplaiv Administrntofs decision Such appeal shall be iv watlng signed bythe applicant andbe filed with the Floedplain AdmiWrnamr Upon receipt of the appeal the Ftoodplaiv Administrator shall transmit said nonce and Wl pertinent ivformaton ov which the FloodplWn Admudsirntor sdecisionwas mademthe AppealsBoazd Uponreceipt ofthemaceof appeal the Appeals Boazdshall fix areasonable time for the appeal give voice in writing to parties in interest and decide the appeal within a reasonable fimeafter itissubmitted d Vari Avy pascn believing that the use and development standazds of these regulations wouldesut in ummessery hmdsidpmay fileanapplication foravariance The Appeals Board shall have the powerto auihouze in specific cases such vaziances from the smndards ofthese regulations rat incomirtevt wiN Federal regulations as will vm be wvtrary tothe public interest where owning to special mndiaons ofthe lot or parcel a literal evforeemevt of the provisiom ofthese regWaaons woWd resW inumecessary hazdslap 1 Application foraVariance A Anyowneqoragent drereofof property forwNCha variance issough shall make an applicafiovforavaliance by fllivg it with the Floodplav Adminimatoq who upon receipt ofthe varianceshall transadt it tothe Appeals Boats B Stichapplcaton ataminimWV Shall contain thefollowing information Name address andtelephone numbs ofNe applicant legal description ofthe property parcel map description of the existing use description ofthe proposed use location ofthe floodplWn description ofthe variance sought and reason for the variance request C All appaceaovs foavaziance shall be accompanied by a varianceapplication fee setinthe schedWeoffsadopted by the CiTy ofLakewood 2 PubECHeazivg Atsuch hearing the applicant shall present such sutements and evidence as the APPeals BoaNrequires to considering such valance applications the Appeals Board shall wnsider and make findings of fact on all evaluations WIrelevant facmm standazds specified in other secaoms of these regWations andthe followingfactors 30 level providing itemsm Secaov 1308 24d2A to K have been fully considered As the lot size in es beyond one IrWf acre the tec7micW justificationrequired for issWvg Ne vvariance inmeases C Anyapplicant towhom avariance is grantedshall be givenwritten voicedent the structure willbe permitted tobebuiltwithalowestfiom elevation below thebase flood elevation and thecost offlood insurance will be cemmenswa ewith are rveceased risk resWang from the reduced lowestfloorelevatlon 5 Procedure az Hearings AAlltestimonyshall be given under oath B A complete record of the proceedings shall be kept except mrdidcvasl deliberaaovs ofuse Board butimludingall documents presented and averbatim record ofthetestimevyotall wiWesses C The applicant shall proceed Sentto present evidence andtesdmony in support of the appealor varihvice DThe administrator may present evidenceortestimony inopposition tothe appeal orvaziance E All witnesses shall be subject m mosscxamination by the adverse partyortheir COWSeI F Evidence that is not admitted may be proffered and shall become of the part recordfor appeal G The Board shall issue subpoenas upon written request for the attendance of wiinesses Areasonable deposit to cover the cost of issuance andservice shW be collectedmadvance HThe Boardshall preparecov Iusionsoffact supporting its decision The decision may be amoumed a the conclusion of the hearing and thereafter issued in beissuedinwriting withinareasonabletime after the writing orthe decisionmay hearing b AppealbtheCourt Those aggrieved by the decisionof the Appeals Boazd may appeal such decision tothe CuyaMga County Courtof Common Pleas as provided inChapter 2506 ofthe Obio Revised Code A The dangertWtmaterials may tie swept onto other lauds tothe injury of othus B The danger tolife and property due toflooding orerosion damage C The susceptibility ofthe proposed facility and its contents to flood damage and the effectofsuch damageon theindividual owmc D The importance of the servrces provided by the proposed facility to the wmmunity E TheavailabilityofWtemativelocationsfor the proposedusethat are notsubjectto flooding orerosion damage F 1be necessity tothe facility ofawaterfrovt torafiom whereapplicable G The compaabJityofthe proposed usewith existingand avacipated development H Ilrerelationslap of doe use proposed o the comprebevsive plan and floodplain managementprogmm Porthatarea I The safety ofaccess mthe property in timesoffloodfor ordinary andemergency vehiWa I 11m expectedheights velocity dmaaon rateofrisq tits sediment travspart ofthe floodwatersand the effectsofwave action ifapplicable expected at the site K The matsof provid mggovemmevml servicesduring and aaer floodconditions includingmaiv etunce andrepa v ofpublic utilities and facilities such as sewer gas electricalandwater systemsand streets andbudges 3 Variances shallodybeissued upon AAstowingofgoodand sufficiehmause B Adeterminazidn that failure to gent the valiance would result in exceptiorul hdrdslap due e the physical Wrarmteristia ofthe property Increased cast or Pevice of meeting the requirements of Nose regulations does not mvstimte anexceptlonW hardship toNe applicant C Adetermvtaaovthat the granting ofavaliance willnot resultinincreased flood heighss beyond drat whichis allowedinthese regWatiovs additional Ifireazs to public safeTy extraordinary publicexpense misancce fraud on orvicamvaaov ofthepubEc orconflictwithexistinglocallaws D A determinationthat Ne strmnne orotlra development isprotected by methods tominimizeflood damages E A detemdvaaon that ibe variance is the minimumnecessary considering the flood haiazd toaffordrelief Upon mnsidemaonof are above factors and the purposes ofthese regWaaons the Appeals Hoard may attach suchrenditions to the gamingof as variances i deems necessaryto further thepurposes ofthese reguations 4 ONerCondiaom far Variances A Variances shall not be issued within any desigmted Floodwayifany increasein floodLevelsduringthebase flooddischazge woWdresut B v Generally may be issued for new construction tits substantial improvemems to beerected on alot ofone halftiaraorless insize contiguous to and sumomded by lots withexvning structures corutructed below the base flood 1308 25 ComplianceRequired aNo swcnveorland shall hereafter be lmated erected constmcted reconswcted repWred extended covvecred enlarged orWlered without fall wmplisoce with the terms ofthese regWsaom andall other applicable regulations which apply to uses within are jurisdicfien of these reguUtions unless specifically exempted from filing fora developmentperrnit assatWivSection 1308 19 b Failure to obtain a floodplain development permit shall be a violation of these regWatiom and shallbe punishable inaccordancewith Section 1308 2 c Floodplaln development pematr issued on the basis of plans and applications approved by the Ftoodplaiv Administrator mthouze oNythe use andamangemen set forth in such approved plays and applicaaorvs or amevdmevu thereto Use aaangemev orconswctlon wntrary o that authorized shallbe deemed aviolation ofthcee regulationsand puWSiuble in accordancewithSection3082 330816 Notice ofViolation Whenever theFtoodplaiv Adndnistramr determines that therehas bcen aviolationof any provision of Ghee regulations he shall give notice of such violeaonto Ne person responsible therefore and order compliance with these regulation as herzinafter provided Such entice and ordershall a Beputinwritingon anappropriate form b Includealistofviolaaom referdvg to the sectionorsectionsof theseregulations that have been violated and orderremedial acting which iftaken will effect mmpliancc with the provisions ofthese regWatlore o Specify areasonable lima forpe8omance d Advise theowner opem oqorohupen ofthe dgJvb appeal e Be served on the owmeq occupmv oragent inperson Howevevibis maceand order shall be demmedto beproperly served uponthe owneq occupanq oragent ifacopy thueof is sent by registered orcemfied mail to the pemon s last known mailing address residence or plaza ofbusiness and oracopy is posted in a conspicuous place inorovthe dwelling affected 1306 29 Violations and Pevaltics Violation ofthe provisions of these regulations or failure to comply withany of its requirements shallbe deemed m be asMc liability offense and shall censamte afirst decce misdemeanor Any person who violates these cegWatiavs orfails to comply with any ofits requirements shall upon conviction thereofbe finedorimprisoned as provided by the laws of the Ciry of Lakewood Each day such violeaon continues shall be midered a sepazate offense Nothing huein coataived shall prevent the City of Lakewood from faking suchother IawfWactionas is necessary to prevent orremedyany violation The City ofLakewood shalt prosecute any violeaon ofthese regWaaons iv accordancewith the pevlties statedherein 32 33
Section 2 It is found and determined that all formal actions of this Council concerning and relating o the passage of this ordinance were adopted in an open meeting of thisCouncil and thatall such deliberationofthe Council and ofany ofits committees that resultedinsuch formal action were inmeetlngs open to Ne public in compliance wiN all legal requirements Adopted Approved 34 President ofCouncil Clerk ofCouncil 6r
Page 1 and 2: DOCKET OF AMEETING OF THE LAKEWOOD
Page 3 and 4: l0 ORDINANCE NO 53 10 An Ordinance
Page 5 and 6: Kaufmann Park known as Lakewood Lit
Page 7 and 8: 128 0306 CORPORATION COryoration me
Page 9 and 10: No shall be person required to with
Page 11 and 12: as CONSTRUCTION INDEPENDENT cuM1 nn
Page 13 and 14: d 1 On the portion attributable to
Page 15 and 16: MUNICIPALITY OR IN ANY MUNICIPALITY
Page 17 and 18: 2 A TAXPAYER WHO RECEIVES INCOME AS
Page 19 and 20: 128 2203 13A8I13TY PORNON PAYMENT B
Page 21 and 22: f Help maintainastable basebypxovid
Page 23 and 24: H Theyshallbe dceigned to havetow f
Page 25 and 26: ee Registered PmfessiovW Surveyor m
Page 27: 5 Theapplicant shall meet Ne requir
Page 31 and 32: oao so nn 043r m Toy 3 O m ac o m m
Page 33 and 34: Ordinance No 53 1o PLACED ON 1ST RE
Page 35 and 36: e hUQUraI Design Anygrephiq other s
Page 37 and 38: egulations of the Gty shall beremov
Page 39 and 40: j Wall arPanel Sons Shall not Proje
Page 41 and 42: RESOLUTION NO 8450 10 gy PLACED ON
Page 43 and 44: N Q Q r O N LJ m X w r f0 a O N W O
Page 45 and 46: City ofLakewood Audit Committee Ann
Page 47 and 48: City ofLakewood Audit Committee Ann
Page 49 and 50: 6 Reduction of economicdevelopment
Page 51 and 52: Counrl ak Large NICKIE ANTONIO MONI
Page 53 and 54: Citizens Committee for Leashed Dogs
Page 55 and 56: I h orr October 18 2010 Dear Member
Page 57 and 58: ORDINANCE N0 BY AN ORDINANCE to tak
Page 59 and 60: nsoo a and of any of its committees
Page 61 and 62: am O 6 m a s5 d Y b N e cW a ctrl a
Page 63 and 64: o ro m h ry n nrp w y O y wr O bN3
Page 65 and 66: o w M Ufa a o Rm2 a a a rn aa m m 7
Page 67 and 68: 0 0 0 0 0 b d o oa o w MAR c w o 7
Page 69 and 70: a a 0n O 0 y nd a v y S F w s j 7 c
Page 71 and 72: 7b y wo ro b ms rn o F a y y o F gy
Page 73 and 74: N 0 y ti o sb w to R O N w o M p y
Page 75 and 76: ORDINANCE NO By AN ORDINANCE to tak
Page 77 and 78: Unless otherwise indicated referenc
Page 79 and 80:
Bonds isnot secured by a lien on an
Page 81 and 82:
any subsequent Mandatory Sinking Fu
Page 83 and 84:
they not been called for redemption
Page 85 and 86:
notification of the book entry inte
Page 87 and 88:
or give reports covenants and certi
Page 89 and 90:
waiver will notbe effecfive unless
Page 91 and 92:
Section 16 Emereency This Ordinance
Page 93 and 94:
Annual Information means annual fin
Page 95 and 96:
Interest Payment Dates means June 1
Page 97 and 98:
a Interest Rates and Payment Dates
Page 99 and 100:
applicable to those Term Bonds the
Page 101 and 102:
on behalf ofthe City The same perso
Page 103 and 104:
Ordinance arenot materially adverse
Page 105 and 106:
T b Applicationfor Rating or Bond I
Page 107 and 108:
Annual hiformafion and notices ofth
Page 109 and 110:
or o Q QD f I LAWRENCE E MROZ o FIR
Page 111 and 112:
automatically by the most recent ed
Page 113 and 114:
Ir October 18 2010 Lakewood City Co
Page 115 and 116:
the reasons set forth and defined i
Page 117 and 118:
RESOLUTION N0 BY A RESOLUTION to ta
Page 119:
NOTICE TO LEGISLATIVE AUTHORITY TO
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THE LAKEWOOD CITY COUNCIL CHAMBERS OCTOBER 18 2010 ...

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