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01/06/1988 Minutes
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01/06/1988 Minutes
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N Olmsted Boards & Commissions
Year
1988
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
1/6/1988
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<br />BOARD OF ZONING APPEALS JANUARY 6, 1988 PAGE 6 <br />hotel was built. Mr. Bugala stated that they do have signage, and he does <br />not believe that he can make a decision based on trees.which grow and die, <br />he is against the request in the respect to the aesthetic interest-of the <br />city; he be•lieves'that the city has allowed for effective advertising of . . <br />businesses. Chairman Remmel stated that a larger sign on top of the building <br />might be acceptable. Mr. Helon would prefer to see a larger sign on the build- <br />ing, but is aware that other communities are getting hotel business because <br />customers do not know the Hampton is available. Al1 neighbors present indi- <br />cated they object to having the request continued. Mr. Grace started to make <br />a motion regarding the request for a variance. Mr.. Gareau advised that a. <br />voteshould be taken on the request for a continuance first.. Mr. Grace with- <br />drew his motion. R. Bugala moved to grant a continuance of this case, <br />seconded by C. Remmel. Roll call on motion: Bugala and Grace, no. Remel <br />and Helon, yes. Motion failed to pass. B. Grace moved on the first point <br />of the request a 584 square foot variance for a pole sign. Violation of <br />Ord. 87-93, Section 1163.04-f-4 for the Hampton Inn, 25105 Country Club Blvd. • <br />At this point Law Director Gareau advised that the Board should vote on all <br />three elements, indicating by a yes vote that you agree that they have esta- <br />blished by the evidence that there are practical difficulties, that they do <br />have'unnecessary hardships as they relate to size, shape, topography and <br />characteristices that are not shared by any other property in the immediate <br />area. He explained that the Board must make a finding on each of the three <br />conditions that exist and that if .there are not three votes on each condition, <br />no fining has been made that these contitions exist. Mr. Grace moved that <br />it is the Board'sfinding that the practical difficulty or unnecessary hardship, <br />which is inherent in and is peculiar to the premises sougYit to be used be- <br />cause of physical size, shape or other characteristics of such premises, or <br />adjoining premises which differentiate such premises sought to be used from other premises in the same distxict, and as to such premises sought to be <br />used, shall create a difficulty or hardship caused by a strict application of <br />the provisions of the Zoning Code not generally sHared by other lands or <br />structures in the same district, seconde.d by G. Remmel. Roll call on motion: <br />Grace and Bugala, no. Remmel and Helon, yes._ Motion failed to pass. Mr. Grace <br />moved that it is the finding of the Board that refusal of the variance or <br />modification appealed from shall deprive the owner of premises sought to be <br />used of substantial property rights,.seconded by C. Remmel. Roll call on motion: <br />Grace and Bugala, no. Remmel and Helon, yes. Motion failed to pass. Mr. Grace <br />moved that it is the Board's finding that the granting of the variance or modi- <br />fication appealed from shall not.be contrary*to the purposes and intents of <br />the provisions of the Zoning Code, seconded by C. Remmel. Roll call on motion: <br />Grace and Bugala, no. Remmel and Helon, yes. Motion failed to pass. It was <br />the conclusion of the Board that.the variances should not be granted. <br />8. Pheasants Walk Office Retail Center, 28867 Lorain Road <br />Request for variance (1123.12). Request variance to construct access driveways <br />more than the maximum permitted of 120 feet apart. Violation of Ord. 87-93, <br />Section 1161.09. <br />Chairman Remmel called all interested parties before the Board. The oath was <br />administered to D. Narrowitz and M. Keller, neighbors; J. Certo, architect; <br />and Councilmen D. McKay, R. Wilamosky, and R. Tallon. Mr. Certo explained <br />that there are 230 feet between the two drives which is 110 feet more than <br />the maximum 120 feet allowed by code; if they add a third drive it would take <br />away some of the required parking spaces. Mr. Bugaia and Mr. Helon both have
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