05/07/1986 Minutes - Laserfiche WebLink

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BOARD OF ZONING APPEALS MAY 7, 1986 PAGE 3 the total sign area had been figured incorrectly, so that even with a con- forming pole sign, they will need a variance for the total sign area. R. Bugala moved to grant the 46 sq. ft. variance for the pole sign for Taco Bell, 24247 Lorain Rd., seconded by E. Graves. Roll call on motion: Bugala, Graves, Gomersall, and Remmel, No. Motion failed to pass. Variance denied. 1. Thomas J. Demaline, 24734 Chase Dr. Request special permit to add to non-conforming dwelling. Special permission required Ord. 62-33, Section 1231.02. Chairman Remmel called all interested parties before the Board. The oath was administered to Mr. and Mrs. Demaline who explained that existing garage and deck will be moved. R. Gomersall moved to grant the special permit to.add to a non-conforming building of Mr. Demaline on Chase Drive, seconded by C. Remmel, and unanimously approved. Special permit granted. 2. R. & R. Tischer, 24861 Antler Dr. Request for variance (1133.13). Request 2' variance for distance between addition and garage. Violation of Ord. 62-33, Section 1151.04-C. Also request 1' rear yard variance for patio enclosure. Violation of Ord. 62-33, Section 1163.01. Chairman Remmel called all interested parties before the Board. The oath was administered to Mrs. Tischer. This is a very small encroachment. R. Bugala moved to grant the 2' variance for the distance between the addition and garage and the 1' rear yard variance, seconded by R. Gomersall, and unanimously ap- proved. Variances granted. 3. Citrus Trust, Sublot 1 Bellevue Dr. and 6222 Fitch Rd. (Sublot 2). Request for variance (1133.13). Request variance to subdivide property: Request variance for frontage of lot (less than 80 feet "A" Residential Area) on sublot 2 Fitch Road (existing house on lot). Violation of Ord. 62-33, Section 1157.01-A; also request variance for depth of lot on sublot 1 Bellevue Dr. (less than 135 feet deep). Violation'of Ord. 62-33, Section 1157.01-C. Referred by Planning Comnission April 8, 1986. (Previously denied by Board of Zoning Appeals June 6, 1984. Chairman Remmel called all interested parties before the Board. The oath was administered to Mr. Gibbons, attorney, and Mr. Modenbach, neighbor. Mr. Gibbons read an affadivit from Mr. Bauer, grantor of Citrus Trust, stating that he had purchased the lot in 1970 and had been advised that property was properly subdivided and that he could purchase the property behind the vacant lot. He has been unable to obtain the property to the rear. Vacnat portion of lot would need a tota square foot variance and a depth variance. Mr. Gibbons sumitted a case reported in Ohio Bar Reports, Duncan v. Middlefield, which stated the factors to be considered in determining if property owner has encountered practical difficulties in property use. Mr. Gibbons addressed the seven suggested criteria in reference to this property and suggested that the Board follow-these factors when considering this request. He also re- minded the Board that when this originally came before them in 1980 the maj- ority of the neighbors were in favor of the variance. He pointed out that if variance is not granted it will create a substantial hardship to the owner