04/14/1993 Minutes - Laserfiche WebLink

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members decided that the garage must be built by November 1st if the house is not sold, but if it is sold a garage must be built before the transfer of title. Mr. Abbas was advised that if he needed more time he could return to the board to extend his request. W. Purper moved to grant the request of Syed Abbas, 6550 Barton Rnad. tn HPlMU r'nnctriir+tin- aPara^e tor 1 Vear (former Rara?e waq C].P_mnI1Sl"1ed wi thnut a nermit) with the stirulation that, acara^e muGt he hui 7 t hTT November 1. 1993 or prior to title transfer, whatever occurs first_ secondPd bv B. Grace. Vice Chairman Maloney amended the motion to read to grant the reaiiest of Syed Abbas, 6550 Barton Road, with the stiDulation that a¢ar.auP nnist bP b»ilt bv November 1- 1993 or nrior to title transfer_ seconded bv B. GracP_ and iinanimouslv annroved. Variance Qranted. 3. Scott and Lori Koberna, 29930 Brnxbrnirne Road. , Request for variance (1123.12). Request 32 square foot variane.P for tool shed (installed) and 8 foot rear vard variance and 2 foot side vard variance for locatian of shed. Violation of Ord. 90-125. Sections 1135-02 (d)(1). and (d)(4)- Mr. Koberna asked" that because of a conflict of interest_ he would Drefer to abstain. Vice-Chairman Malonev called all interested Darties before the board. ThP oath was administPrPd to Mr. and Mrs. KobPr_na and thP adiacPnt nroi)ertv owners. Mr. Creadon and Ms. Shields. S. Koberna exnlained that the shed was built 5 vears aeo at the same time thp hrniGP was ccrnnStnictPd- ThPV had r_eceived a variance for the house, but did not realize that a variance was also needPd for the shed. The house had been inspected and the insnector kr?ew that thP shed was there. BuildinR Commissioner Conwav explained that a complaint was received that the shed had been constructed without a -Dermit and after an insnection it was noted that there was no perr,iit in the file. He has no idea if the original insnector was aware of the shed or not. An insnector had suL-gested to Mrs. Koberna that nerhans the wordinL- of the code had changed. Mr. Conwav advised that there were somP chanpes in thp r.ndPG- bit a nt-rmit was rentiired at that timP_ The auestion at this time is whether or not the board believes the location of thP shed is annronriatP. Mr._ CrPadon was obiecting tn thp itPms that wPrP stored behind the shed. which is on the Metro Parks propertv. There are also ladders and scaffoldinR on the side of the shed which is not in keenin-a with the RawlinL-s Crime Prevention regulations whieh advises keeping all ladders and tools locked away. He maintained that Mr. Koberna was not onlv creatin?_Y an unsightlv mess he was also endangering both of their properties. Mra Koberna pointed out that Mr. Creadon did not even live on the propertv and suggested that he could have complained to him. He maintained that this was an vindictive act because thev had objected to them building an oversized garage. Ms. Shields uointed out that the shed is not placed perpendicular to the back yard as the diagram shows, it is on an angle. She read the code stating how the width of a side yard is to be determined and presented pictures showinR the shed. Mr. Grace noted that the shed was 238 feet from the street and was abutting Metro Parks and since it wo111d takP a real effort to take these pictures, he could not help but feel this - is a. vindictive act. Mr. Creadon stated that their house would be 95 feet from the street and the shed will be the view from their deck. He has no complaint with the shed, he wants the refuse removed. Vice Chairman Malonev stated that the variance pertained to the shed, and he saw the shed and understood what thev were saying about the measurements. That the shed was built without a permit is an unusual situation and it appeared that they tried to conform the location of the shed with the stream and the contours of the land. He saw no problem with lettinR the shed remain, and thought that Mr. Koberna would remove the items that were not on his property. Mrs. Koberna mentioned several items on Mr. Creadon's property that she objected to and was advised that those issues should be taken 2