04/14/1993 Minutes - Laserfiche WebLink

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r up raith the Building Department. Ms. Shields pointed out that the pictures show that the shed is actually on the property line. Mr. Koberna responded that if they have to move it, it would be closer to where their house will be located. Mr. Conway clarified that on Mr. Koberna's plan the shed was overlayed on the original survey. Mr. Creadon objected that this was not legal because he had altered a surveyor's survey. Vice Chairman Maloney advised that the issue is the variance and called for a mption. W. Purper moved to grant the request to Scott and Lori Koberna, 29930 Broxbourne Road, for a 32 square foot variance for a tool shed (installed) and an 8 foot rear yard variance and a 2 foot side yard variance for the location of a shed, seconded by J. Maloney. Roll call on motion: Purper, Maloney, and Grace, yes. Mr. Koberna'abstained: Motion passed. Variance granted. 4. Laureen M. Solomon, 26672 Butternut Ridge Road. , (Request for variance 1123.12). Request variance to use a permitted one family dwelling with an in-law suite as a two family dwelling. Violation of Ord. 90-125, Section 1135.01(a). Vice Chairrian Maloney ca.lled all interested parties before the board. The oath was admi.nistered to Mrs. Solomon, and neighbors, Mrs. Bierman, Mr. Thomas, Mrs. Baldi, and Mr. Corell. Mrs. Solomon explained that when she purchased the house the mother-in-law suite was included. After her grandrnother passed away she rented the suite out. She had to mve later so she rented out the entire house, and had hoped to move back. The house is now up for sale but since it may not be sold for some time she would like to rent out both units. Mr. Thomas, who lives behind this property and shares a driveway, objected to having two families in this house because he is concerned tha:t an absentee landlord might buy it and continue to use it as two family rental property. Mrs. Bierman objected because this is the historical district and there are many big homes which could be converted to a two family use. Building Commissioner Conway was also concerned because there are other in-law suites throughout the city, and allowing this to be rented out could set a preeedent. In order to receive a variance there should be some kind of extenuating circumstances such as; the location, there are other two family dwellings in the area, but a variance should not be granted for financial reasons. He pointed out that there have been cases such as this that the city has won in court, and granting one variance could weaken the city's position. B. Grace moved to grant the variance to Laureen M. Solomon, 26672 Butternut Ridge Road, to use a permitted one family dwelling with an in-law suite as a two family dwelling, seconded by W. Purper. Roll call on motion: Grace, Purper, Koberna, and Maloney, nom Motion failed to pass. Variance denied. 5, Gregory Schnupp, 24068 Maple Ridge Road. Request for variance (1123.12)e Request 6 inch variance for distance between dwellings to construct adcli tion and 7 foot variance for distance between addition and detached garage. Violations of Ord. 90- 125, Sections 1135.07(a) and 1135.02(c)(2). Vice Chairman Maloney called all interested parties before the board. The oath was administered to Mr. Schnupp who explained that he intended to construct a family room addition which will go out to the rear and the west. Building Comnissioner Conway advised that if the variance were granted any wall of'..the garage that «as within 15 feet and the entire wall that is parallel to the structure must be fire rated. J. Maloney moved to grant Gregory Schnupp, 24068 Maple Ridge Road a request for a 6 inch variance for distance between dwellings to construct addition and 7 foot variance for distance between addition and detached garage with the stipulation that fire rated walls be placed on the garage within 15 feet of the house, seconded by W. Purper, and unanimously approved. Variances granted. 3