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11/12/1997 Minutes
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11/12/1997 Minutes
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N Olmsted Boards & Commissions
Year
1997
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
11/12/1997
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? <br />Stotz, Mr. Ungerer, Mr. Clark, and Councilman Nashar. Mr.. Gomersall asked the builder to give his <br />presentation first. Mr. G. Matheou stated that he explained to planniug commission that he wanted to <br />split off the lot and build a house on the vacant property. Mrs. Gasper could no longer maintain the <br />land. Mr. Matheou stated that he did not have a councilman to speak on his behalf as Mr. Stotz did. <br />and wondered how there could be objections to building a new house in an older neighborhood. He <br />explained how the lot split would have more benefits than not. He also stated that he had received a <br />phone call from Mr. Stotz, the neighbor who objected the most, who stated that he opposed the <br />building a home on the split off lot because it would depreciate his property. He did not state what his <br />sources were for the depreciation prediction. He just went on to explain that if a house were built on <br />that property it would ruin his view. Mr. Matheou noted that because of the position of the house, <br />the only view spoiled would be from Mr. Stotz's back yard which is a view of the wall of I-480. Mr. <br />Matheou told him they would be building a house like the one they are building on Cambridge <br />Crossings and Mr. Stotz acknowledged that he had been in that house, since the doors were not <br />locked. Mr. Stotz then stated that Mr. Matheou would be in for surprises if he tried to build on that <br />land. He maintained that the house would improve the neighborhood, this proposal would keep Miss. <br />Gasper from having to maiutain the land, and the city would get added tax revenue from the house. <br />He wondered if Mr. Stotz wanted to buy this lot and sell it himself later on. He is willing to change <br />anytlung that the board would like him to. He asked the board to considered zoning issues, and not <br />issues of a personal nature. Miss Gasper viewed the modified plans. Mr. Gomersall noted that the <br />house would be 5 foot from the line. Law Director Gareau advised that the issue is not where the <br />house would be, it was if block `B" should be subdivided as a lot since it does not conform to the <br />zoning code. If the variance were granted to split the lot, they could come back with any house plans. <br />Plauving Commission had recommended denying the variance. Mr. Matheou believed that this was <br />because of the opposition. The board had received a petition with 25 signatures objecting to the split. <br />Miss Gasper submitted a petition in favor of the split with 45 signatures. Mr. Stotz maintained that <br />there was more than 25 signatures. It was clarified that there were 42 signatures on the objecting <br />petition. Miss Gasper stated that she had talked to several neighbors on Sutton Drive, one of whom <br />had been informed that this house would have to be as high as a tower to fit on the lot, and some of <br />the neighbors signed her petition thus nullifying their first signatures. The Sutton Drive residents can <br />not see this home, but they had to receive a notice by law. She got almost everyone to sign on Sutton <br />Drive who had signed the original petition. Miss Gasper stated that Mr. Stotz had told her that he <br />would be very vehement in his opposition not only for the reasons stated by Mr. Matheou but also <br />because he had been bom in a rural area and he like the wide open spaces. She stated that North <br />Olmsted is not a rural community, and she does not believe that she has to maintain a lot merely for <br />his enjoyment. She believed that he could have moved to several rural communities surrounding <br />North Olmsted. At the planning commission meeting, she had been made to feel that she had fewer <br />rights, since she had only moved to North Olmsted less than two years ago. She believed that she <br />should have the same rights. She would like to sell the lot, to get back some of the expense she had <br />put into the house and landscaping. For her the lot is useless, but a lot would have use for some else. <br />She believed the house would be a benefit, and would not devalue the neighborhood. Mr. Ungerer <br />viewed this as a non-issue since it is her land she should have a right to sell it. Mr. Stotz pointed out <br />his lot on the site plan, and explained that the plan does not show that he has an enclosed patio and a <br />wooden d'eck surrounding it, so he is much closer than this plans shows. It was clarified that the lot <br />was not deep enough to have a proper rear setback and the 127 foot depth should have been 135 feet <br />deep, and there is not sufficient area for the lot. He maintained that if the corner of the house is to be <br />5 foot off the lot line, it would be in the area of the swale which is almost 10 feet wide. Again, Mr. <br />Gareau stated that the house is not the issue. The members did get Mr. Stotz's letter to the planning <br />commission expressing his major concerns. He stated that when he put on an addition at another <br />location, he talked to his neighbors first, Miss Gasper never mentioned this to him even when they <br />6
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