restriction; 6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and 7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance. Mr. Jacques also explained that there is an eighth “bonus” factor that allows the Planning Commission/Board of Zoning Appeals to consider “any other relevant factor.”

Mr. Jacques then reviewed the proposed ordinance changes.

The proposed ordinance will eliminate all references to the “unnecessary hardship” or “particular hardship” standard, to be replaced with the “practical difficulties” standard. The existing standards will be replaced with the factors that were introduced in the Duncan v. Middlefield case. The “must meet all” standards approach will be eliminated and the deciding body will weigh and consider all of the factors of the application.

The new ordinance will also add some material that is not clear in the current code. The decision will be based on the application, staff report, and any relevant and credible public testimony and evidence presented. The standard of review that must be met by the applicant is to show practical difficulties sufficient to grant the variance by a preponderance of reliable, probative, and substantial testimony and evidence.

Mayor Duncan asked Mr. Jacques if there are any pending Planning Commission or Board of Zoning Appeals applications that would be impacted by these changes.

Mr. Jacques confirmed that there are not.

Mayor Duncan clarified that the proposed changes are to comply with the Ohio Supreme Court by replacing the current ten variance standards with the new proposed eight Duncan factors.

Mr. Jacques confirmed yes.

This was a first reading of the ordinance, so Vice Mayor Byington made no motion.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Mayor Duncan asked Mr. Jacques to review the changes that were made to the ordinance since being introduced at the last meeting.

Mr. Jacques explained that there were two minor changes made to the ordinance. The first change was to remove an incorrect reference of multi-family. The other change is to remove the number specification relating to disabled individuals in supported living facilities. Mr. Jacques explained that these changes do not require an additional reading of the ordinance.

Vice Mayor Byington explained that this is another ordinance to update the Oakwood zoning ordinance, and is intended to accomplish two things:

• 1.It clarifies several definitions that pertain to residential land use. These are not substantive changes; they are merely intended to clear up wording that could be considered vague or ambiguous.
• 2.It adds a new section to the zoning ordinance to address Residential Group Rentals. The primary goal of this section is to adopt objective criteria by which the city’s Building Commissioner can determine whether a group of people living together do, or do not, constitute a single “family.”

The Planning Commission has already reviewed the proposed ordinance and held a public hearing on May 2, 2018. The Planning Commission unanimously recommended that Council approve it. Council introduced the ordinance with a first reading and public hearing at the June 6 meeting.