07/02/1980 Minutes - Laserfiche WebLink

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' $OARD OF ZONING APPEALS JULY 2, 1980 PAGE 3 9. Larry S. Hechko, 5378 Wellesley Ave. . Request for variance (1133.13). Request 1' height variance for fence. Violation of Ord. 62-33, Section 1151.04. Chairman Ledvina called all interested parties before the Board. The oath was administered. It was pointed out that this split rail fence is in keeping with the architecture. L. Horvath moved to grant the vairance, seconded by E. DeVoto, and unanimously approved. lo West- Haven Foundation - for the Retarded, 25991 Butternut Ridge. (resumed from first of Agenda). Request for variance (1133.13). Request variance for Home for mentally retarded in Single Family Area. Violation of Ord. 62-33, Section 1125.26. Chairman Ledvina explained that on June 11, 1980 the Board of Zoning Appeals ruled that this home was a proper use in a single family dis- trict. On June 17, 1980 the Council of the City of North Olmsted over-ruled the Board's decision. At this time the West Haven Foimdation is returning for a variance from the Zoning Code in order to operate this home in a single family district. F. Hickman, attorney, is representing the adjacent property owners. Mr. Hickman requested that all letters and documents be made a matter of record. It was deteruLined that the notice of objection of subpoena should be part of the record, but the arguments of law and citation of cases are not appropriately part of the record, nor is any correspondence with the Law Director relative to the posi tion of . the appellaiit .in this case, since they are not evidence but arguments of law. It was also determined that the hearing on Jtme 11, 1980 should not be made part of this record since this.hearing is not a continuation of that meeting. Mr. R. Archer, Executive Director for West Haven Foun- dation, was called as the first witness for West Haven. He stated that the purpose of West Haven is to set up group homes for mentally retarded adults (not more than 8) to live as a family in 'an area where other families extst. Such a home has been chosen at 25991 Butternut Ridge Rde in North Olmsted. This home meets all criteria necessary for licen- sing by the State of Ohio and its location and physical structure are desirable. for such a project. This home will house 8 highly functioning, mentally retarded adults (between 18 and 35) who will live much like any other family. These residents will be carefully screened and choosen from the Western suburbs, no one will be accepted with a psychiatric or physical disability. A listing of the specific licensing requirements from the State of Ohio will be presented to the Board and made part of the record. White Haven, Mr. Archer stated, is a non-profit organization. Chairman Ledvina stated that since Council had declared that this home is not a permitted use in, a single family district a reason must be given to deviate from the Ordinance other than that this property is desirable. Mr. Archer stated that this home would not actually fit into any of the zoning catagories of the Zoning Code, mainly because such a home was not in e3dstance at the time the ordinances were established. During Mr. Martindale's cross examination9 it was stated that subpoenaes for certain. documents were issued by Mr. Martindale, and not by the Chairman of the Board or the Vice-Chairman as prescribed in the Ordi-