04/03/1985 Minutes - Laserfiche WebLink

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BOARD OF ZONING APPEALS APRIL 3, 1985 PAGE 2 4. Richard P. Kadar, 5870 Canterbury Rd. Request for variance (1133.13). Request variance to operate tennis school in residential areao Violation of Ord. 62-33, Section 1173.02. (Formerly denied by Board of Zoning Appeals April 4, 1984). Chairman Remmel called all interested parties before the Board. The oath was administered to Mr. R. Kadar, owner; R. Perla, Attorney representing Mr. Ka.dar; R. Amsdell, attorney (as an interested party); W. Ellers, Public Accountant; Mr. Couts; J. Tracer, an adviser to Mr. Kadar; W. Brennan, real estate expert testifying for Mr. Kadar; Mr. Yesberger, owner of North Olmsted Golf Club; Mr. Scheeff, owner of Springvale Country Club; I. Waterbury, an interested party; I. Waterbury, Jr.; M. Peck; J. Denk; T. McManamon; and H. Denk (only Mr. Yesberger and Mr. Scheeff were adjacent neighbors). Law Director.Gareau advised the Board that they could have jurisdiction in this case if the request is for a Country Club in a Residential District, since a non-prof it country club is a permitted use under Section 1151.16, Paragraph B, which states :'... (B) Country Club, provided no part of the building lo- cated on the premises"is closer than two hundred.(200)-feet to its lot line adjacent to any residence district and further that no.parking of vehicles is permitted. closer than fifty (50) feet to its lot line adjacent to any residence district....". He then read Section 1125.16, Definitions, "Country Club/Property operated not for profit but for the benefit of a defined membership offering facilities for outdoor recreation including but not limited to golf, tennis, swimming, and archery and providing meals or enter- tainment only for members and their guests." He then advised that agenda item states that they are requesting a variance to permit a commercial use in a residential district. Attorney Perla stated they they are asking for a variance to operate a country club and that the school will not be a profit making operation and that the;: only variances required would be re- lief from the restriction that the.building be located at least 200 feet from the residential lot line and that parking must be located no closer than fifty feet to the lot line adjacent to the residential district. He stated that if.these variances are granted; the school will b.e incorporated as a non-profit organization. Mr. Gareau stated that the use is compatible in the.area since it is adjacent to a country club and a golf club. It was explained that parking has been increased to 16.spaces plus driveway and garage parking for the resident and the pro; existing house will be modi- fied for a clubhouse; 2 courts will be built on adjacent vacant property. Mr. Kadar explained his background as a former resident and builder in North Olmsted; his background in tennis; the problem of a lack of courts; and the need for a tennis school in the area. He presented photographs of the surrounding area explaining that the school would be adjacent to.North Olmsted Golf Club parking lot on one side, vacant land on the other side, and across the street from Springvale Country Club. Mr. Yesberger from North Olmsted Golf Club is concerned because parking would necessitate cars backing out onto the street and objected because excavation had been started prior to receiving city approval. Mr. Waterbury, who surveyed the property, explained that parking can be pulled in further if necessary, and that cars could swing back into the right of way before pulling into the street. There•will be a retaining wall built out of rail road ties. They were advised that retention would have to be studied by the Engineering