Ordinance 2017-31

AN ORDINANCE AFFIRMING THE GRANT OF A USE VARIANCE
BY THE BOARD OF APPEALS FOR A MEMORY CARE FACILITY
ON  NORTH COMMONS BLVD. P.P. No. 831-05-015

WHEREAS,  Mayfield Village Charter Article V, Section 12, was amended in November, 2015, by vote of the electors in Mayfield Village so as to allow the Board of Appeals to grant a "use" variance on any non-residential property within the Village; and

WHEREAS, permanent parcel 831-05-015 is located in the Office Laboratory zoning district on North Commons Blvd.; and

WHEREAS, the property owner and proposed developer of the property have made application to the Board of Appeals to use the property in a manner which is not listed as a permitted use within that zoning district; and

WHEREAS, their proposed use is a "memory care" facility which would facilitate the housing and caring for Alzheimer's and dementia-type patients; and

WHEREAS, on July 6th, the Mayfield Village Board of Appeals approved a "use" variance on the subject property, with the condition that the developer provide an adequate buffer between the property and the adjacent single-family residential property, and that an acceptable development agreement be entered into between the Village and the developer; and

WHEREAS, the property owner and developer will be required to follow all other Building code requirements applicable to the zoning district; and

WHEREAS, as required by Article V, Sections 11 and 12, this Ordinance has been referred to the Planning and Zoning Commission for their report and recommendation, which has been received, and a public hearing was conducted by this Council with 30 days advance notice in a newspaper of general circulation throughout the Village.

NOW, THEREFORE, BE IT ORDAINED by the Council of Mayfield Village, County of Cuyahoga, State of Ohio that:

SECTION 1.  The Board of Appeals granting of a "use" variance to permit a memory care facility, with the conditions stated, on permanent parcel number 8 3 1- 0 5- 0 1 5 for the reasons set forth in the application, the minutes of the 2 Board of Appeals hearings, and all the evidence submitted to the Board of Appeals, is hereby and herein AFFIRMED.

SECTION 2.  The Council finds and determines that all formal actions of this Council relating to the adoption of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory requirements including the requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3. This Ordinance shall become effective 30 days after the signature by the Mayor, or absent the signature of the Mayor, 30 days after the Ordinance becomes considered adopted by reason of overriding a veto, or the date the Ordinance becomes final absent the Mayor’s signature, or otherwise at the earliest time allowed by law.