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. . BOARD OF ZONING APPEALS AUGUST 1, 1984 PAGE 5 n agreed that a 22 x 40' garage would be too large: this is the equiv.alent . of a four car garage. E. Graves moved to grant Mr. Bluell a 20 sq. ft. ,:variance for a 35' by 22' garage which is to be located no closer than ?40' from the house and that door be limited to 8' high and that the shed will b-e removed, seconded 'by R. Bugala,,and'unanimously approved. Vari- ance granted. 13. Eugene R. Aaettich, Jr., 23598 Marion Ave. - Request for variance (1133.13). Request 18' front set back var'iance for front porch addition. Violation of Or,d. 62-33, Section 1159.01. Also request 5 inch total side yard variance. Violation of Ord. 62-33, Section 1161.01. Also request special permit to add to non-conforming dwelling (f.ront set back). 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. Bartko representing Mr. Haettich. Board agrees that this is a desira6l'e improvemerit as long as porch is never en- closed. R. Bugala moved to approve the two requested-variances and the special permit for Eugene R." Haettich, Jr., seconded by E. Graves, and unanimously approved. Variances and special permit granted. 14. John H. Wilsori, 4070 Fielding : Request for ruling (1133.07). Complainant is challenging the decision of the Building Official. Chairman Remmel,called all interested parties before the Board. The oath was administered to Mr. Wilson and Mr. Albanese who has constructed a"tree house" which Mr. Wilson believes should be in violation of the code. Build- ing Commissioner Gundy explained that he had previously received a legal opinion that playhouses, swin,gsets, sandboxes, etc., were exempted from the Zoning Codes and that anyone in the Building Department would advise that no permit was required. Mr. Wilson is contesting this decision since this "tree house" is approximately 12' high and since it is adjacent to his,house,-it will devalue his property.. Mr. Altianese stated that he did call the Building Department and was told that no permit was necessary. Board discussed possibility of moving the tree house or lowering it. Board would like to study matter further. E. Graves moved to continue the hearing until the next meeting, seconded by C. Remmel, and unani- mously approved. ,Case continued. Mr. Graves attended the ad hoc committee for long range planning. It was poorly attended and they will be meeting again later. E. Graves moved to excuse the absence of L. Horvath, seconded by C. Remmel, and unanimously approved. Meeting was adjourned at 9:15 p.m. C. Remmel, Chairman B. Oring, cording Secretary