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r BOARD OF ZQNING.APPEALS NOVEMBER 12, 1986 PAGE 3 advised that according to the City's ordinance if any non-conforming building is destroyed in excess of 50% they.lose those rights. Mr. W?i contended that r?,?'?f' under Chapter 713.50 of the Ohio Revised Code, called the grandfather clause, Mr. Muzie has the absolute right to reconstruct the building, and that the North Olmsted Ordinance takes away this right and cannot be enforceable. Law Director Gareau responded that North Olmsted is a chartered, municipal cor- poration and under the Constitution has full rights of local self government, one of which is to enact its own zoning code and not be governed by State regulations. He further stated that the City has every right to enact that kind of legislation. Chairman Remmel stated that no decision can be made favoring one person when it adversly affects the property of others. C. Remnel moved to grant the 2,400 square foot variance for the shed as requested. At this point Mr. Gareau stated that he did not believe it would be appropriate to make this motion, if this is to be considered virtually the same proposal that it was before, the Board would lack the jurisdiction since this proposal has been brought back within one year of the previous proposal. Their recourse would be to appeal to the Court of Common Appeals. C. Remmel moved to reject this request since it was handled in our previous meeting of October lst, q substantially the same one,'and it will hold true for the year as it stands, ` seconded by R. Bugala and unanimously approved. 5. Christopher P. Carroll, 26670 Butternut Ridge Rd. Request for variance (1133.13). Request 746 sq. ft. variance for garage area for 2 story garage. Violation of Ord. 62-33, Section 1151.04-C. (Existing detached garage to be demolished). Chairman Remmel called all interested parties before the Board. The oath was administered to Mr. Monicono who is representing Mr. Carroll. Mr. Remmel pointed out that this is a big lot, but is concerned with a two story garage. Mr. Grace stated that none of the neighbors are present to object. C. Remmel moved to grant a variance for a three car garage to conform to the platform which is already in for a garage of legal height, legal height incidently is 15 feet, seconded by R. Gomersall, and unanimously approved. Variance granted. 6. John and Kathleen Forrestal, 24081 Frank St. Request for variance (1133.13). Request 3' variance from side property line and 1.7" variance from rear property line for detached garage (former garage demolished). Chairman Remmel called all interested parties before the Board. The oath was administered to Mrs. Forrestal. Board has no problem with this re4uest. R. Gomersall moved to grant the 3' variance from the side property line and a 1.7 foot variance from the rear property line for a detached garage for John and Kathleen Forrestal, 24081 Frank Street, seconded by R. Bugala. and unanimously approved. Variance granted. • 7. Great Northern Dodge, Inc, 26075 Lorain Road. Request for variance (1133.13). Request variance to install second ground sign on property (adjacent to Brookpark Road right of way). Violation of Ord. 62-33 Section 1221.06-B2. Chairman Remmel called all interested parties before the Board. The oath was administered to R. Gallina, Brilliant Electric Sign Company, who explained that ground sign will be the same as the one now located on the Lorain Road side of the property. He maintains that since building is set so far b ack on the