05/04/1983 Minutes - Laserfiche WebLink

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t ? ? BOARD OF ZONING APPEALS MAY 4, 1983 PAGE 5 15. Hennie Homes, 28867 Lorain Rd. (Sublot 32, 24977 Linda Dr. Request for variance (1133.13).. Request 15' corner lot variance to construct dwelling. Violation of Ord. 62-33, Section 1159.02. i 16. Hennie Homes, 28867 Lorain Rd.•(sublot 59, 24976 Linda Dr.) Re.quest for variance (1133.13). Request 15' corner lot variance to construct dwelling. Violation of Ord. 62-33, Section 1159.02. Chairman Remmel called all interested parties before the Board. The oath was administered to Rocco and Ronald Puzzietello and an adjacent neighbor, Mr. Talaba. It was explained that the same variance had been granted for Mr. Talaba's property and to the other corner lots in the subdivision. Hennie Homes did not subdivide the property. Building Commissioner Gundy explained that this is a corner lot and patio in side set back could not be covered. A patio could be placed in the rear yard (no 50' rear yard set back required on corner lot). Board does not want patio slabs put in where they cannot be enclosed without a variance. T. Restifo moved to grant the variances with the condition that a patio slub must be placed where it can:._be legally enclosed without a.variance, seconded by R. Bugala, and unanimously approved. 17. Added to agenda, no notices sent. Ream Builders, 30119 Lorain Rd., sublot 26 Tallwood Dr. Building Commissioner is requesting a decision from the Board regarding side and rear property lines. Mr. Gundy explained that he is requesting a decision regarding rear yard of a proposed dwelling on sublot 26, Tallwood Dr. This is an odd shaped lot with ample square footage. Mr. Gundy.stated that he had advised the builder that a variance would be required for a rear yard since he con- sidered the southern property line the rear line; however, Mr. Ream sup- plied a plat, approved by Mr. Gundy in 1976,stating that this lot is an approved building lot and thus considering the southern property line a side line. Mr. Gundy is now requesting a decision from the Board on whether or not the southern property line is a rear or side line. Mr. Ream stated that he would never have purchased the lot, had he been told ' that it was not buildable.' He has owned the lot for 7 years and now has a construction loan for a potential buyer. Mr. Bosak, the adjacent.nei- ghbor, stated that by considering this a side yard, the proposed dwelling would only be 47',from his addition (he had previously received a 9' rear yard variance)o Another adjacent owner (to the rear corner of s/126) is also objecting to the location of the dwelling. The Board recesse.d for a brief caucus. Chairma.n Remmel advised all those concerned that a special meeting with proper notices would be held on Tuesday, May lOth at 7:00 p.m, in order to obtain a legal opinion from the Law Department regarding the definitions of side and rear yards. The meeting was adjourned at 9:45 p.m. e2l C. Remmel, Chairman B. Oring, cording Secretary