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1? „r , CITY OF NORTH OLMSTED _ BOARD OF ZONING APPEALS MINUTES- JULY 11, 1996 Chairman Gomersall called the meeting to order at 7:30 P.M. Present: J. Maloney, T, Koberna, M. J. Boyle, and R. Gomersall. Absent: W. Putper Also Present: Law Director Gareau, Assistant Buildiug Commissiouer Rymarczyk, Clerk of Commissions Oring, and Assistant Clerk of Commission Cornish. J. Maloney moved to approve the minutes of June 6, 1996, seconded by T. Koberna, and unauimously approved. ' Chairman Gomersall advised that each case would be judged on the physical situation peculiar to itself, so that in no way is a judgment rendered cousidered to be a general policy judgment affecting properties and like situations elsewhere. He explained that it would take three affirviative votes to approve a request and auy building permits for all variauces or special pennits granted can be picked up Monday in the building department. He announced that all letters preseuted to tlus board for consideration in auy case are a public record and' anyone wislung to withdraw a letter may do so at this time. ]. Joseph and Jaue Bownan, 23950 Gessuer Road. Request for variance (1123.12). Request .67 foot side yard variauce and 4.76 foot total side yard variauce for existing house on lot that is to be subdivided. Also, request 5 foot variance for rear yard setback for swrimming pool. Violation of Ord. 90-125, Sections 1135.07(a) and 1135.02(I). Chairman Gomersall called all interested parties before the board. The oath was administered to Mr. Bouinan, owner. Mr. Bouman believed the plan was incorrect and they actually had 5.5 feet rather than 4.33 feet from the west side as shown on the plan. Mr. Gomersall noted that .67 feet was insigiuficant, however, tlus board is concerned about the total side yard requirement of 15 feet. This board does not see a problem with the proposal as long as they build the new house no closer than 15 feet from 1VIr. Bouman's house. Mr. Bouman agreed to make tlus a conditiou upon sale of the property. It was clarified the new home would be requued to be 10.24 feet fiom the property line to allow 15 feet from Mr. Bouman's existiug dwelling. J. Maloney motioned to grant the request of Joseph and Jane Bouman, 23950 Gessner Road, for a mutually ameuded request for .67 foot side yard variance and 4.76 foot total side yard variance for existing house on lot that is to be subdivided and also, request 5 foot variance for rear yard setback for swrimming pool. Violatiou of Ord. 90-125, Sectious 1135.07(a) and 1135.02(I). In the framing of the motiou, Mr. Maloney clarified that this be approved under the condition that there is 15 feet between Mr. Boumau's dwelling and tlie proposed new dwelling east of lus property, wluch was mutually agreed upon by the applicant. The inotion was seconded by R. Gomersall and unanimously approved. Variances granted. 2. Ravmond & Ju1ie Klesta, 5907 Bartou Rd. Request for variance (1123.12). Request 410 square foot size variance to build a detached garage wluch will be attached to the existing shed. Note: the area of the shed plus garage exceeds the size of a detached garage as required by code. Violation of Ord. 90-125, Section 1135.02 (c-1). ,-. Chau-man Gomersall called all iuterested parties before the board. The oath was admnustered to N1r. Klesta, owner. Chairman Gomersall aclaiowledged that Mr. Klesta does quality work, but reprimanded lum for