Remember a while back when I brought up the fence in front of Your Vine or Mine? My interest in the fence was less about the fence but what procedures were used to grant the variance of the fence. At that time neither the city Planning Board, Board of Zoning Appeals or even City Council had reviewed or voted on granting this variance. My question why have all these government entities if by an unelected official could grant a request without even consulting anybody?
Well consider this;
539.02 NOISE DISTURBANCES PROHIBITED.
In addition to the specific prohibitions outlined in this chapter, no person shall unreasonably make, continue to cause to be made, continued or permitted, any noise disturbance. This section shall not apply to noncommercial public speaking and public assembly activities conducted on any public space or public right of way.
(ord.9-82 Passed 4-19-82.)
(e) EXPLOSIVES, FIREARMS AND SIMILAR DEVICES.
The using or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise disturbance across a residential real property boundary or on a public space or right of way, without first obtaining a
special variance.
So the next question to ask is who or how this variance is granted in the City of Painesville.
539.07 SPECIAL VARIANCES.
(a) The
Safety Director or his designated representative shall have the authority,
consistent with this section, to grant special variances.
(b) Any
person seeking a special variance pursuant to this section shall file an
application with the Safety Director, or his designated representative. The
application shall contain information which demonstrates that bringing the
source of sound or activity for which the special variance is sought into
compliance with this chapter would constitute an unreasonable hardship on the
applicant, on the community or on other persons. Notice of an application for a
special variance shall be given by the Safety Director or his representative to
persons who frequent the area of the sound or activity and who may be adversely
affected by the granting of the variance. Any individual who claims to be
adversely affected by allowance of the special variance may file a statement
with the Director or his representative containing any information to support
his claim.
(d) Application
for extension of time limits specified in special variances or for modification
of other substantial conditions shall be treated like applications for initial
special variances.
(e) The
Safety Director or his designated representative may issued guidelines approved
by Council defining the procedures to be followed in applying for a special
variance and the criteria to be considered in deciding whether to grant a
special variance.
(f) Enforcement
of this chapter shall be stayed as to any person filing an application for a
special variance pursuant to this section, until such time as the application
is acted upon by the Safety Director or his designated representative.
(Ord. 9-82.Passed
4-19-82.)
Now when it comes to Atwell's Gun Range I would like to see the special variance along with an explanation why this variance is handled differently than others. Again I can find no resident in the area around in the last thirty years ever receiving a letter from the city. Were there any stipulation to the granting of this variance?
To Councilman DeLeone do you now understand why this has little to do with sound decibels?