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i BOARD OF ZONING APPEALS MAY 1, 1985 PAGE 3 east than the end of the existing patio, seconded by E. Graves, and unani- mously approved. Variance granted. 7. David Mortach, 4190 Bentley Request for variance (1133.13). Request location variance for swimning pool (located side yard and not 10' from property line). Violation of Ord. 62-33, Section 1151.01-E. Chairman Remmel called all interested parties before the board. The oath was administered to Mr. and Mrs. Mortach and neighbors, Mrs. Curran and Mrs. Kelly. Mr. Mortach explained that there is very little space in rear yard (see alternate case #8) and power lines would be above the pool. Adjacent property is vacant and is zoned General Retail Business. Pool is 24' in diameter and has fencing along the top. Neighbors have no objection. Mr. Mortach plans to plantshrubs around pool. They are considering some kind of fence. If they move they will take pool with them. C. Remmel moved to grant the variance as requested in case number 7 for the location of the swimming pool to be located in the side yard adjacent to the Mortach home at 4190 Bentley Ave; the variance is to be limited only to the present owners, Mr. and Mrs. Mortach; and ppon sale of their property the variance is terminated; variance is granted only for the duration of the Mortach residence in the adjoining house; and that landscaping will be required (to be completed within one year), seconded by J. Helon, and unanimously approved. 8. David Mortach, 4190 Bentley (Alternate request, second choice) Request for variance (1133.13). Request location variance for swimming pool (located in rear yard but not 10' from property lines.) Violation of Ord. 62-33, Section 1151.01-E. Variance approved for request as described in case #7. R. Bugala moved to grant the variance for the swimming pool in rear yard, seconded by E. Graves. Roll call on motion: Bugala, Graves, Helon, and Remmel, Nay. Motion failed to pass. Variance denied. Prior to the meeting, Mr. Chappel, owner of Auto Service Protection Company and his attorney, J. Valore, had requested that the Board discuss a ruling made on February 6, 1985 that his business was not a permitted use in the Limited Industrial Area under Section 1191.03 (M). They are requesting a re-hearing. After a lengthy discussion, Law Director Gareau advised that the appellants approach Council to see if they would re-review the inter- pretation. Mr. Valore was advised to contact the President of Council and the Recording Secretary is instructed to send all information pertaining to the case to the Clerk of Council as required under Section 1133.15. **** Corrected 6?12/,85 The meeting was adjourned at 9:25 p.m. %1**** E. Graves znoved to excuse the absence of R. Gomersall, "seconded by C, me1, and unanimously approved. C. Remmel, Chairman B. Oring, Recording Secretary