Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning topic
No spam. Unsubscribe anytime.
Resident challenges legal opinion on alcohol sales at 328 Bassett Road; law director cites Westlake case
Summary
Resident Richard Majewki urged Council to address whether 328 Bassett Road remains a grandfathered commercial use and argued Bay Village Codified Ordinance 1173 does not allow on-premises alcohol consumption in a residential zone. Law Director Mark Barbour replied that the property is a grandfathered retail use and cited the Westlake case as limiting zoning-based prohibition of alcohol sales in commercial districts.
Resident Richard Majewki told Council he believes the business at 328 Bassett Road has been treated inconsistently in historical Board of Zoning Appeals minutes and that the parcel is zoned residential. He said multiple minutes from 1979 through 1993 describe the site as a retail/nonconforming use in a residential district and argued that Bay Village Codified Ordinance 1173 does not accommodate on-premises consumption, creating a potential change of use that Council should address under BV C.O. 1125.
Mr. Majewski said he did not receive the Law Director's memorandum until after the prior meeting and questioned the memorandum's reliance on an Ohio Supreme Court decision applicable to commercial or industrial districts. He asked Council to review the legal interpretation and whether the property should be considered a change of use.
Law Director Mark Barbour responded that he stands by his memorandum, citing the Westlake case and saying it "eliminates the ability to use C.O. 1173" in the way Mr. Majewski suggests. Barbour said the property was a commercial/retail use when Mr. Majewski moved in and that the use is grandfathered. In a pointed exchange, Barbour told Mr. Majewski, "I think you are wrong, and you think I am wrong," and said the legal interpretation favors his view; he encouraged Majewski to pursue further action if he disagrees.
Council members Peter J. Winzig, Steve Swidarski and Michael Greco said they had responded to Mr. Majewski's emails (one response had been sent to his wife's address). Councilmember Sara Byrnes Maier, speaking as a professional planner, said a grandfathered use can appear as an "island" of commercial retail in a residential zone and indicated she agrees with Law Director Barbour's interpretation.
No formal council decision was made at the committee meeting; the discussion was recorded during public comment and committee members indicated staff and legal counsel had provided written guidance.
