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u BOARD OF ZONING APPEALS JUNE 6, 1984 PAGE 5 Chairman Remmel called all interested parties before the Board. The oath was administered to Mr. Matuszak who explained request. E. Graves moved to grant the variance, seconded by C. Remmel, and unanimously approved. Variance granted. 14. Bauer Development Co., Permanent Parcel 235-18-14, located on the south side of Bellevue Dr., east of 27137. Request for variance (1133.13). Request 28' front set back variance. Vio- lation of Ord. 62-33, Section 1159.01. Also request 28' rear yard variance. Violation of Ord. 62-33, Section 1163.01. (Variance granted January 5, 1983 has expired). Chairman Remmel called all interested parties before the,.Board. The oath ' was administered to Mrs. Bauer, and neighbors, Mr. and Mrs. Modenbach and 1Mrs. Pidcock. Mrs. Bauer submitted revised site plan which conforms to var- iance granted previously. Request should now read "request a 30' front set ? back variance" instead of a 28' variance. Board studied minutes of Plan- ning Commission on January 10, 1984 wherein Planning Commission had denied subdivision of property which had been subdivided by deed,-•but not with City approval in 1970. Neighbors are not in favor of variance. Law Dir- _ ector Gareau stated that this hardship was self-created.since subdivision had not been submitted to the City. He advised that separate application. should be'macte-to the Board of Zoning Appeals to subdivide a non-conforming lot before any other variances could be granted. More neighbors,Mr. and Mrs. Fedarko and Mr. Planisek were sworn in. E. Graves moved to grant the variance, seconded by C. Remmel. Roll call on motion: Graves, Remmel, Bugala, and Horvath, Nay. Motion failed to pass. Uariance denied. 15. Jim Hess, 5443 Burns Rd. Request for variance (1133.13). Request 2-1,2' side yard variance for detached garage. Violation.of Ord. 62-33, Section 1151.04-C. Chairman Remmel called all interested parties before the Board. The oath was administered to Mr. Hess, neighbors Mr. Templeton and Mr. Stephens, and Mr. Shauer, the contractor. Mr. and Mrs. Nielson had previously sub- mitted a letter stating that they are in favor of the variance. Mr. Shauer advised that due to an error in finding the property line, the foundation was poured on the site of the location of a former garage. Inspections have been made. -It was pointed out.to Mr. Shauer that it is not the Engineering Department's responsibility to find the property line. Mr. Gundy stated that this was an honest mistake and former garage was at this location. Neighbors have no objection to the variance. Mr. Hess stated that he only has a 40' lot and a 5' side yard set back is a hardship. He doubted that a 2-2' variance was necessary, he thought there was about 4' from the fence to the foundation. The inspectors report stated that the garage foundation is approximately 2-2' off the property line. C. Remmel moved to grant the variance, seconded by E. Graves, and unanimously-approved. Variance granted. Mr. Graves and Mr. Bugala agreed to serve on committee to study future land development with City Council and other Boards and Commissions of the City. The'meeting was adjourned at 9:15 p.m. C. Remme , Chairman B. Oring, Vecording Secretary