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11 BOARD OF ZONING APPEALS APRIL.1, 1987 PAGE 3 that since there is a groimd sign on the property there is no room to move the sign back without considerable expense to the owner. He presented pictures of other signs and lightpoles which are right on the.sidewalk. Law Director Gareau stated th at it is to be presumed that when a contractor takes out a permit, the proposal will meet the code. R. Bugala moved to grant a special permit to use a non-conforming sign for the Eyeglass Factory at 25766 Lorain Road, seconded by J. Helon. Roll call on motion: Bugala, Helon, Gomersall, and Remmel, no. Motion €ailed to pass. Special permit denied. 6. Douglas Robinette, 4737 Georgette Ave. Request for variance (1133.13). Request 12 foot height variance for shed (already erected)•, 8'foot shed was applied for and permit issued. Violati.on of Ord.. 62=33, Section. 1151.04-D. Cfiairman Remmel called a11 interested parties before the Board. The oath, was administered to Mr. Robinette. It was. explained that the permit was, issued for an 8 foot high shed, but after• it was erected the inspector found that. it was 9Z feet high. R. Bugala moved to approve tfie 12. foot variance for a shed(already erected) ; 8' foot shed was applied for and, permit 3ssued for pouglas Robinette, 4737 Georgette Ave., seconded by C. Remmel.: Roll: ea11 on motion: BugaTa, Remmel, Gomersall, and Helon;-no:- Motion failed to pass. Variance d"enied. 7. Deerpath Subdivision #6, located west sid'e of Clague Rd. and north of I-480. Request for variance (.1133.13). Request variance for depth of lot line on sublot 23 which is less than 135 foot minimum. Violation of Ord. 62-33, Section 1157.01C. (Referred by Planning Commission March 10, 1987). Chairman Remmel called all interestedparties before the Board, The oath was administered to Mr. Clingman, the developer, Councilmen 0'Grady and Tallon, and neighbors: R. Ralph, Mr. Kosan, Mr. Grasie, Mr. and Mrs. Swaan, Mr. Bumm, V. Yonkers; J. Matheny, and J. Slabaugh. Mr. Glingman explained proposal for subdivision and stated that sublot 23 is an irregularly shaped lot, and one p-r.operty--kine (where it abuts the cul-de-s.ac) is less than: the required 135 feet, fiowever, the portion of the lot on whicfi he will build the house would have conforming depth. He explained that lie lias to attacfi this portion of land to the lot since he cannot leave that segment of land as it would be unbuildab le. Law Director Gareau stated that the reason for the depth requirement is to keep from having to grant variances on these irregularly shaped lots. Neighbors objected on the basis that, not only is this variance needed; the cul- de-sac is also illegal, that the developer has created his awn prob lems since he sold a lot which would have given him access without variances; there is a possibility of the State building a ramp for 1480 at this location; and developing this land would remove the trees which now act as a noise barrier from traffic on 1480. They further advised that they had agreed to buy his property, and after they had the money in escrow, he raised the price. Councilman Tallon stated that the city should not create problems for itself. Mr. Clingman stated that he had been provided an exit by the State at the time the property was being acquired for 1480.,-and at that time the city had agreed to the 50 foot wide access onto Clague Road, but now the city refuses to accept that right of way from the State. Mr. Tallon stated that,if he wants to use that roadway, he.will have to buy adjacent property for a coriforming 60 foot