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BOARD OF ZONING APPEALS DECEMBER 4, 1985 Page 2 objections to this proposal (letter to City Engineer on October 21, 1985), and suggested that the developer go back to the State. Mr. Moss requested that his statement of November 27, 1985 be submitted as part of the record (see attached) and he has also submitted legal documentation of their posi- tion to the Law Director. Mr. Moss and Mr. Zwick have just recieved a copy of the State's letter and have requested a response. They have also obtained a copy of the preliminary plan for S.R.252. They maintain that the S.tate has a temporary right of way or easement to grade and disagree with the State's contention that temporary easement is for future road.construction and grading operations, Law Director Gareau stated that this Board could not settle this dispute with the State. They should get a written state- ment from the State. Mr. Moss also stated that if the State requires ad- ditional right of way, as mentioned in letter, and if center line of the road way has been journalized, the City must submit this plan to the State and they must acquire this right of way within 120 days of this submission. In reference to objection regarding the access on Lorain Road, the developer plans to comply and will eliminate the Lorain Road access after 252 is completed. Mr. Moss also pointed out that the new Shell Station canopy on the opposite corner has a 25' set back. This case will be continued for another 30 days awaiting State documentation. Case continued. 2. Space Age Industrial Design, 30817 Bradley Rd. Referred to Board of Zoning Appeals by virtue of Section 1193.03. Request 70' variance for location of building (side yard set back). Violation of Ord. 62-33, Section 1194.03. No record of structure existing in buffer. (Violation of Ord. 62-33, Section 1193.03). Chairman Remmel called all interested parties before the Board. The oath was administered to Mr. Parsons, a neighbor,and Mr. Hardy, the owner. Building Commissioner Gundy explained that a 50' buffer is required and that the building should be 30' away from the buffer. There is also a non- conforming building on the buffer strip. This is a legally non-conforming building since the adjacent lots were originally Limited Industrial and were subsequently rezoned and that ordinances pertaining to Limited Industrial area have also been changed. At this point Mr. Farver, an adjacent pro- perty owner, was sworn in. He stated that he had been originally opposed to the rezoning of the four lots to residential. Mr. Parsons stated that another property owner, Mr, Bonner, had not been notified. Neither Mr. Parsons nor Mr. Farver had any objection to the variance. Board has no objection, but would like to continue request until Mr. Bonner'is notified. Case continued. 3. Edward Gallagher, 5902 Park Ridge Request for variance (1133.13). Request 11' rear yard-variance for enclosed patio. Violation of Ord. 62-33, Section 1163.01. Chairman Remmel called all interested parties before the Board. The oath was administered to L. Morton, Patio Enclosures. Board has no problems with request since this is a large lot. R. Gomersall moved to grant the request for the 11' rear yard variance for an enclosed patio for Mr. Gallagher, seconded by E. Graves, and unanimously approved. Variance granted. 4. Larry and Janet Krejci, 4715 Porter Rd. Request for special permit to add to non conforming dwelling (front set back over 70'). Special permission required Ord. 62-33, Section 1231.02.