August 4, 2011
Council overturns demolition ruling By JEFF DONAHUE ThisWeek Community Newspapers
After thousands of words of testimony during three Board of Zoning Appeals meetings and a special appeal before Bexley City Council, the decision to permit the demolition of a Bryden Road home came down to a simple Latin phrase. De novo. It means to begin anew or from the beginning. When Bexley city attorney Lou Chodosh announced the appeal before city council July 26 would be a de novo proceeding, it meant that none of the hours of testimony that had been heard by the BZA
would be considered by city council. That decision ended up having a major impact on the case. Moshe Frank, the owner of the Bryden Road home, came prepared with expert witnesses, including the architect who designed the new home planned for the site and a structural engineer. Frank’s argument was that renovating the home would create a substantial financial hardship compared to the cost of replacing it and that the home had no historical, architectural or cultural significance that would prevent it from being demolished. Frank said the cost of renovating the home could top $800,000, whereas the total cost of a new home on the site, including the cost of the lot, would be
closer to $600,000. Neighbors opposed to the demolition of the home initially challenged city council’s authority to hear the appeal. When that approach wasn’t successful, they argued that the home was worth renovating and that the new home was not as appropriate for the neighborhood as the existing structure. After a total of three and one-half hours of testimony and 30 minutes of closed-door deliberations by city council, Chodosh polled each council member individually and all six members agreed to overturn the BZA decision and permit the demolition of the home. No council member explained his vote after Cho-
dosh advised them not to speak publicly on the issue because of the possibility of future legal action on the case. “I have told council not to discuss this matter with anybody,” Chodosh said. “Council is under my orders to discuss this with nobody — neighbors, the applicant, Bexley residents, nonresidents. It doesn’t make any difference. We think that one way or another there may be further litigation on this.” Frank said the council decision was the right one and that the BZA had been biased against his application. See RULING, page A2
Two BZA members resign in protest
SHOWING OFF HIS MOVES
By JEFF DONAHUE
A closer look
ThisWeek Community Newspapers
By Eric George/ThisWeek
Doozy Jackson, 17, dances during the Blazin’ Summer Car and Bike Show at the Franklin Park Conservatory amphitheater July 30.
Income-tax increase headed for Nov. 8 ballot By JEFF DONAHUE ThisWeek Community Newspapers
Bexley City Council wrapped up its summer session July 26 by putting the finishing touches on ballot language for a proposed increase in the city income tax. Prior to beginning their annual August recess, council members unanimously approved ballot language to be forwarded to the Franklin County Board of Elections, requesting an increase from 2.0 to 2.5 percent in the municipal income tax. After spending the first six months of 2011 examining financial projections, council members concluded that it would take
a combination of cost reductions and increased tax revenues to overcome significant budget shortfalls over the next five years. Voters will be asked to approve a 0.5percentage-points increase in the municipal income tax, with a 65 percent credit for residents who live in the city but work and pay income taxes in other communities. That move would help the city collect more taxes than a straight tax increase with the existing 80percent tax credit for Bexley residents who work in and pay taxes to another municipality. For example, a Bexley resident who makes $100,000 a year working in Columbus would pay $875 a year to the city of
A closer look The tax increase would cost a resident who works in Bexley a total of $2,500 a year, an increase of $500 a year over what that resident currently would pay.
Bexley if the increase is approved, compared to $400 a year that the resident currently would pay. The tax increase would cost a resident who works in Bexley a total of $2,500 a year, an increase of $500 a year over what that resident currently would pay. jdonahue@thisweeknews.com www.ThisWeekNEWS.com
Two members of the Bexley Board of Zoning Appeals/Architectural Review Board (BZA/ARB) have submitted their resignations following city council’s recent reversal of a BZA decision. Both Joe Kuspan and Tom Lewis referred to the decision in their letters of resignation to Mayor John Brennan. On July 26, city council members voted 6-0 to overturn a BZA decision that denied a request to demolish a home at 2325 Bryden Road and replace it with a new structure. The BZA had previously denied the request 5-2. “It is with a profound sense of sadness and frustration that I submit my resignation from the Board of Zoning Appeals and Architectural Review Board,” Kuspan wrote. “I have worked for nearly a decade to make Bexley a better place to live as a member of this board, as well as serving briefly on the Main Street Redevelopment Commission. I am proud of my work in helping the people of our community improve their properties and have always strived to be more of an advisor than policeman when it came to my role on the BZA/ARB. While that pride is certainly wounded, my love for Bexley is undiminished. “The action taken by city council last Tuesday was for me a unanimous vote of no confidence in the ability of the members of the board to carry out the intentions of the ordinances and regulations set forth by city council. While I certainly feel that I acted without the slightest trace of bias toward the applicants and
On July 26, city council members voted 6-0 to overturn a BZA decision that denied a request to demolish a home at 2325 Bryden Road and replace it with a new structure. The BZA had previously denied the request 5-2.
believe I have professional ability and personal experience to properly assess the worthiness of any proposal, particularly a demolition, this would appear to be an opinion not shared by the elected officials of the city. Historic preservation is a deeply held passion of mine, and is a key component of my personal philosophy. I do not believe this house has to be demolished.” Kuspan did not rule out a return to the board in the future. “Should the composition of city council change and be more favorable to my viewpoint, I would be eager to again serve my city,” he said. Lewis also referred to the council decision in his letter of resignation to Brennan. “One of my humblest moments was when the honorable Mayor (David) Madison had the respect and confidence to appoint me to the BZA/ARB,” he wrote. “Thank you for enabling me to continue my service when you became mayor. “This note will serve as my resignation from the Board of Zoning and Appeals/Design Review. For nearly 15 years I have been proud, both personally and professionally, to serve my comSee RESIGN, page A2
Lazarus first recipient of Drexel Hero Award By JEFF DONAHUE ThisWeek Community Newspapers
Robert Lazarus Jr., one of the founding members of the board of Friends of the Drexel, Inc., will be honored as the first recipient of the Drexel Hero Award . The award will be presented during the 2011 Drexel Gala on Sept. 18. “Bob Lazarus is the Drexel’s de-
finitive hero,” said Richard Stoff, chairman of Friends of the Drexel, Inc. “We all knew that saving this community treasure was something that needed his Robert unique and selfless Lazarus Jr. brand of personal and civic leadership, and we are in-
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debted to Bob not only for his time but also for the example of leadership he continues to set in our community.” The Drexel Hero Award was created to acknowledge the contributions of individuals for their support of the Drexel Theatre and independent film in the community. Lazarus was selected because of his long-standing and passionate support
of the Drexel Theatre and his instrumental involvement in establishing Friends of the Drexel, Inc., a nonprofit organization dedicated to securing and sustaining a successful future for the Drexel Theatre. Friends of the Drexel, Inc., will present the 2011 Drexel Gala at the theatre, 2254 E. Main St., at 5 p.m. Sunday, Sept. 18. The evening will be a celebration of the history of inde-
pendent film and the Drexel Theatre. Tickets are $125. VIP tickets are also available for $500 and include a pre-gala reception and preferred seating. All proceeds will benefit the future of the Drexel Theatre. Tickets can be purchased at the Ohio Theatre Ticket Office, 39 E. State St., or by phone at (614) 469-0939. www.ThisWeekNews.com
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