02/13/1991 Minutes - Laserfiche WebLink

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BY/ '-~% 87-93, Section 1117.02. Also definition states that garage is for storage of° motor vehicles and that upstairs storage area exceeds this definition. Ord. 87-93, Section 1115.01-(29). Previous variances for distance between house and garage and for side yard set back were granted May 2, 1990. Chairman Gomersall called all interested parties before the Board. The oath was administered to Mrs. Moyer and her son, Mr. Torres. Mrs. Moyer explained that she received a variance last year to construct a garage on th.e property line and closer to her house than allowed. Originally she had been told that she could put a second floor on the 15 foot garage, but her new contractor stated that she could not, and also advised that she needed a larger door to accommodate her van. She stated that she needs the storage area since she has no attic in her house and her basement was damp. Members are concerned that this could be turned into an apartment at a later date. Law Director Gareau questioned which where the limitation of 15 feet would be in the code, pointing out that the section 1115a01-(29) quoted on the appeal would seem to indicate it was for a public garage, and that number (31) would apply to a private garage. He pointed out that the other section quoted (1117.02) gave the building official the right to make rules or regulations which should be written whereby someone can be made to.comply. Mro Sanker does not lmow if this was in writing, but advised that the Building Commissioner denied this because of the storage. The Building Commissioner was not present to give his reasoning. Mrs. Moyer stated that he told her that 15 feet was a standard height limit on a garage in North Olmsted and that his main concern was that someone might do with the second floor at a later date. Mre Gareau stated he understood that the Building Commissioner's concern that this could be used as living quarters, but if someone tried to live in it,they could be cited under the code. T. Restifo moved to that the interpretation of the Building Cormiissioner be upheld for Elizabeth A. Moyer, 31109 Lorain Road, seconded by R. Gomersall. Roll call on motion: Restifo, Gomersall, Gallagher, Grace, and Maloney, no. The Building Comnissioner's decision was not upheld. It was explained that the Board believed that this was a private garage as is described under Section 1115.01(31) and that Section 1115.01(29) applies to a public garage. 7) Robert N. Marcovitch, 5818 Park Ridge Drive. Request for variance (1123.12). Request 5 foot variance for distance from rear property line for shed (already constructed). Violation of Ord. 87-93, Section 1135.02-D4. Chairman Gomersall called all interested parties before the Board. The oath was administered to Mr. Marcovitch who explained that he had talked to the Building Department about the restrictions and picked up an application for a building permit. Shortly after that he went to the hospital. When he came home he had the shed erected according to what he had been told earlier. When he went in .for.a permit he was advised that the restrictions had been changed and that the shed now has to be 10 feet from the rear line. Mr. J. George, his neighbor to the rear was sworn in at that time, and explained that he had no problem with the shed, it is very good looking. Members agreed. J. Maloney moved to grant the request of Mr. Marcovitch, 5818 Park Ridge Drive for a 5 foot variance for distance from rear property line for a shed which is already constructed, seconded by B. Grace, and unanimously approved. Variance granted. 4