5338 - 78 Intent to enforce Bldg Code on non-conform 3-fam dwellings

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RESOLUTION NO. 5338 By: Brocklm3n~ Brown, Chinnock, ~agnotto, McBride, Salmon, ~innock AN ~4ERGfIgCY RESOLUTION expressing the intent of this Council regarding the enforcement of Building Codes applicable to non-conforming three-family dwellings as defined in ~napter 1128 of the Zoning Code of the Codified Ordinances of the City of Lakewood and recommending to the Board of Building Standards and Building Appeals regulations for Building Code variances. WHEREAS~ this Council is of the opinion that the strict enforce- ment of Building Codes would workan undue and unreasonable hardship on the owners of said dwelling, wherein more than ~o families have dwelt for many years to now regu~re a strict application of certain provisions of the Building Codes, and WHEREAS, Council is of the opinion that the strict application of certain provisions of the Building Ordinances would present an unreason- able hardship and would deprive the owner of the reasonable use of the land or building involved, and WHEREAS, Council is of the opinion that there are special circum- stances and conditions applicable to non-~onforming three-f~nily dwellings and not applying generally to land or dwellings in the neiqhborhood and that such circunstances or conditions are such that the st~icn application of the provisions of the Building Ordinances of the City of Lakewood would deprive the owner of the non-conforming three-family dwellings the reasoJ- able use of such land or buildings, and ~IER~AS, Council is of the opinion that the grant~nq of certain Building Code v~riances will be in har~Dny with the general purpose and intent of the Ordinances of the City of Lakewood end will not be injurious co the neighborhood or otherwise detrimental to the plfolic welfare, and WHEREAS, fJ~s resolution constitutes an emergency measure pro- viding for the usual daily operation of a rmanlcipal department and for the iamediate preservation of the public safety and welfare; NOW, THEREFORE, be it resolved by the Council of the City of Lake%~od, Cuyahoga County and State of Ohio: Section 1. It is the recc~mendation of this Council that the Board of Building Standards and Building Appeals adopt the followzng standards applicable no variance requests by property owners of non-conforming three-family dwellings as defined in Section 1128 of the Zoning Code of the Codified Ordinances of the City of Lakewood: Ceiling Height Requ~r~nents - The minimun ceiling height requ~r~nents as specified in Section 1527.04 end 1551.01 of the Regional Dwelling House Code, be altered upon variance request to permit ceiling heights as follows: a) Habitable Rooms - A minJanu~ of seven (7) feet in two-thirds (2/3) of the fleer area. b) Bathrooms - six (6) feet. c) Stairways -5 ft. 6~ inches mirdmm~ head room. Density - The minim~n habitable flcor area ~standards as set forth in Section 1305.15 of the Building Code of the Codified Ordinances of the City of Lakewood be strictly applied to non-conforming three-family dwellings.