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08/08/1996 Minutes
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08/08/1996 Minutes
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N Olmsted Boards & Commissions
Year
1996
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
8/8/1996
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are actually three entrances and exits, which will decrease the amount of traffic coming to and from <br />each entrance or exit. Mr. Gomersall explained tlus proposal will provide less congestion than a muti- <br />family development. This area is zoned multi-family which is less desirable than a two and three family <br />development. Mrs. Nicola stated that this is supposed to be a family development, yet there are no <br />• playgrounds for the children and is concerned about the flooding conditions. Mr. Bower explained the <br />use of the property just outside the rear of the houses, may be used as a play area for the children. <br />They also have included a pool area with a club house for use by all the residents of the community. <br />' He further explained this plan, if approved, will have to comply with the requirements of the <br />engineering department and will probably improve the drainage in the area. Mrs. Nicola stated that 15 <br />\ feet is not enough area for the children to play. In response, Mr. Bower stated there is a total of 55 <br />feet in between buildings. Mrs. Nicola reiterated that Mr. Bower said this is a new concept and she <br />resented being used as a guinea pig. She thought that the main purpose of this proposal is to make as <br />much money as possible, and the audience applauded in agreement. Mr. Bower reiterated that this <br />area is zoned multi-family, and his previous approved plan included 156 multi-family units. He further <br />stated that, by converting the proposal to two and three family structures, he has reduced it to 98 <br />units. Mr. Bower felt this proposal was much more desirable than'the previous plan. Mrs. Nicola <br />asked that he reduce the proposal so that no variances will be required. In response, Mr. Bower said <br />he would like to maxiinize the use of the property in order to use it to its best intended use. He <br />clarified, if this area is used as it is zoned (multi-family), there will be significantly more units built. He <br />stated if the residents take the emotion out, they will agree that use of two or three family buildings <br />are inore desirable than a multi-family development. After several comments from the audience, <br />Chairman Gomersall asked for order and stated that each resident will have their time to speak. Mr. <br />Troibner, a Clague Road resident, appreciates the fact Mr. Bower tried to compromise with the <br />neighbors in moving the driveway, but it has been moved directly in front of his dwelling. He <br />, questioned the other two variances and wondered if they will be included in phase two. It was <br />clarified, by revising the plan, Mr. Bower has met those requirements. Mr. Troibner questioned the <br />variances, as he had to comply with every code on a sinall addition, yet Mr. Bower is allowed to come <br />before the board with this immense proposal. In response Chairman Gomersall explained every <br />property owner has the right to ask for a variance, that does not necessarily mean they will get it, but <br />they may try. He fiuther clarified that this board reviews approxunately 16 cases a month, which often <br />includes small residential additions. Mr. Troibner commented that he would rather see a single family <br />development without variances. The board explained single family homes would not meet the zoning <br />code standards, thus it would require a variance. Mr. Gomersall explained apartment buildings are a <br />permitted use in a multi-family district, and Mr. Bower could arrange an apartment complex so that no <br />variances would be required. Mr. Troibner stated that 30 additional units, allows approximately 40 to <br />60 additional automobiles, which will come down his street day and night. Mr. Gomersall clarified <br />that there are tliree driveways to accommodate the additional traffic. Mrs. I,ynn, a Mastick Road <br />resident, does not want to be responsible for children coming in her yard from this development. Ms. <br />Boyle thought that there will be a fence along that property. Assistant Building Commissioner <br />Rymarczyk stated that there is no fence indicated on the drawing. Mr. Bower agreed to accommodate <br />the surrounding residents by installing a fence along the perimeter of the property. Chairman <br />Gomersall stated that a minimum 6 foot high fence, would have to be installed in order for the board <br />to consider the proposal. Mrs. Lynn explained that the surrounding homes in the multi-family district <br />are actually used as single family homes, and felt that they should use the setback requirements for <br />single family homes. Assistant Building Commissioner Rymarczyk explained that according to the <br />formula in the code 36 feet from the multi-family district,, and 51 feet from a residential district is <br />witlun code. Mr. Koberna explained that Mrs. Lynn's property is dual zoned aud pointed out that it is <br />indicated on the plan. A portion of Mr. Bower's multi family zoned property abuts Mrs. Lynn's multi- <br />family property, thus only 36 feet-is required by code. Mrs. Lynn felt a portion of the sidewalk <br />7
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