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r .1 V. VI. VII. BOA.RD 0F BUILDING CODE APPEALS OCTOBER 27, 1988 PAGE.2 Chairman Kazak administered the oath to R. Holda, S. Holian, and J. Ratica, all neighbors, and R. Kovach, Mr. Bene, and P. Rozie, all representing K. & C. Builders. Mr. Kazak noted that when he was on the property he did not see the foundation on the adjacent property which was shown on site plan. Mr. Holian advised that there was a foundation on his property fo.r a three car garage when he bought it, but there is some brush around it. Neighbors were advised that a variance is not being requested, that a subdivided lot that has less than the required frontage can be developed with approval from this Board provided it conforms to all setbacks. The Board also determines if a house is compatible with the neighborhood. Mr. Holian, who lives next door, presented seven letters?-from neighbors protesting the building of a house on this lot. It was clarified that the garage is on the front of the house and there will be the required 15 feet between dwellings. Mr. Ratica, who lives on the other side, objected because the garage is set back 70 feet from the side and the house is located where his back ya.rd starts. Mr. Kazak stated that it is standard procedure to stagger the setbacks when the houses on either side have varying setbacks,and to compromise at a middle point. Mr. Holian does not believe that the city should allow a house to be built on such a narrow lot. Mr. Kazak stated that the owners have a right to develop their property, and asked if they had a valid reason for disapproving the house. Mr. Schulz advised that the courts have determined that the City cannot reject the use of a man's property, citing the Developer Diversified court case. The neighbors rejected the idea that this house, which could possibly be sold for $100,000.00, would increase the value of their property. Building Commissioner Conway again explained that this lot was existing before the codes were drawn up. Chairman Kazak read the section of the code pertaining to the requirement for a hearing for lots 50 feet wide or less, which stated in part,. "...that the proposed construction or alteration does not affect drainage of surface water or waste unto or over adjoining property or into any public street as may be injurious to the public safety, health or welfare." Mr. Kazak stated that the Board goes one step further in determining the compati- bility of the house to the neighborhood. Mr. Ratica, Mr. Holian, and Mr. Holda still object questioning how the city can approve a house the neighbors do not want; how a lot could be under the grandfather clause for a quarter of a century; and why they were even notified. Mr. Ratica stated that no one would buy his house because this house would be in his back yard. Mr. Kazak stated that moving the house up 10 or 20 feet would not change the privacy situation and he could not approve the house at a 50 foot setback beeause it would be too far forward in relation to the adjacent houses, pointing out that this setback looks best from the street. Mr. Ratica stated that moving the house up would help his situ- ation, but believed that it would be harder to sell this house because it is well known that that Stearn Road is going to be widened. Mr. Conway pointed out that most cities do not have a maximum setback and a house can be placed back as far as possiblel North Olmsted has a 70 foot maximum setback. B. Schulz moved to approve the proposal for K. & C. Builders to build a single family dwe?ling on permanent parcel 235-24-19, seconded by D. Spoerke, and unanimous y approved. OLD BUSINESS: No items ? NEW BUSINESS: i No items. I ADJOURNMENT: The meeting was adjourned at18:40 p,m. J. Kaza , Chairman ? B, Qring, CLERK of Commissions