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CITY OF NORTH OLMSTED <br />BOARD OF BUILDING CODE APPEALS <br />MCNUTES - AUGUST 22, 1991 <br />I a ROLL CAI,L : <br />Chairman Burk called the meeting to order at 7:32 p.m. <br />Present: J. Kazak, D. Spoerke, B. Schulz, and R. Burk. <br />Absent: T. Mu11oy <br />Also present: Building Commissioner Conway and substitute Clerk of <br />Commissions Wingenfeld. <br />II. REVIEW AND CORRECTION OF MINUTES: <br />J. Kazak moved to approve the minutes of March 28, 1991 as printed, seconded <br />by D. Spoerke, and unanimously approved. <br />III. COM=CATIONS : <br />Letter regarding the below hearing was read during the discussion. <br />IV. BEARINGS : <br />1) Joseph Simcnons, property located between 5381 and 5401 Whitehaven Ave. <br />Request permission to construct dwelling on permanent parcel number <br />233-22-064, sublot 299, Whitehaven ("C" District, mirLrmum lot frontage 60 <br />feet). Hearing required by Ord. 2806 (any hou.se being built on a lot with a <br />50 foot front width or less requires the approval of the Board of Building <br />Code Appeals. <br />Chairman Burk administered the oath to Mr. Simmons, builder, and adjacent <br />property owners, Mr. and Mrs. Dusek, Mr. and Mrs. Mandak, and Mrs. Lumby (Mr. <br />and Mrs. Tomco arrived during the meeting but did not speak and were not sworn <br />in). Mr. Simmons explained the plans advising that the drainage ditch on the <br />south will be tiled. Building Commissioner Conway advised that the <br />Engineering Department has stated that, they have approved the plans for <br />enclosing the ditch in concept, but there will be a few minor revisions. Mr. <br />Burk questioned if this lot would be considered a wetland. Mr. Conway <br />responded that triis would be up to the Army Corps of Engineers, but he did not <br />believe that they got involved with property under an acre. The neighbors are <br />concerned about blockage of this pipe pointing out that there is a constant <br />water flow through this ditch, even during this drought. Mr. Simmons is <br />installing a 42 inch pipe. It was clarified that the water flows to the street <br />into the ditch, and there is another 42 inch pipe which does handle the water <br />satisfactorily. The plans were explained to the neighbors. Mr. Conway advised <br />that he had received a letter regarding this hearing dated August 21, 1991 <br />from Mr. Owen McGuiness, 5309 Whitehaven, North Olmsted. The letter read <br />"Since no one bothered to notify us of Joe Simmons building next to us, 5309 <br />Whitehaven, we are now going on record as stating that all the homes on that <br />side are two story and as such his should be also. Mr. Conway advised that <br />this house is approximately 390 feet away from Mr. Simmons' lot, and no notice <br />was required. It was noted that this house woiil.d be two stories as he <br />requested. It was clarified that the sewer tile would not be tmder the house <br />and an easement would be given to the City. Mr. Simmons will pay for the <br />installation and the pipe and explained that the pipe must be re-routed from <br />its present location since the ditch would be under the house. It was also <br />,,