06/11/1980 Minutes - Laserfiche WebLink

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. BOARD OF ZONING APPEALS JUNE 11, 1980 - PAGE 3 9. Tony Mastantuono, Jro 4790 Porter Rd. • Request a ruling to determine if the proposed building is acceptable as an accessory to truck garden the permitted use, Section 1151.01 (C) as provided in Section 1133.11. Chairman Ledvina called all interested parties before the Board. The oath was administered. W. Geiser, Attorney for Mr. Mastantuono9 ammended th.e request to read for a 24 -x 30 ft. garage or for a 750 sq. ft. variance (whichever is the larger). It was clarified that the request is for a ruling that this building is acceptable use as an accessory to a truck garden (which is a permitted use). M. Gareau stated that the size of the building would fall under the. limitations of the 750 sq. Fto for a detached garage (accessory_ use). There is an attached garage on the property. It was explained that Mr. Mastantuono was a landscaper and the truck garden was used to graw trees and shurbs. The building will be used to house cars, a truck, and a tractor. The neighbors are objecting to this on the basis that it is a commercial use and this is not a truck garden since the trees and shurbs are being planted temporarily for use in his landscaping business and the garage will be used to house heavy commercial equipment for the business. It was decided that tliere were actually two matters now before the Boardo First would this building be allowed as an accessory use to a truck garden, and second, a a variance for the square footage allowed would be necessary for an accessory building. C. Remmel moved to rule that a building can be an accessory use to a truck garden, seconded by L. Horvath. Roll call on Motion: Messrse Remmel and Horvath, aye; Messrs. Ledvina and Wasniak, nay. Motion failed to pass. The Board ruled that a bui.lding cannot be an accessory use to a truck garden. C. Remmel moved to grant a 572 sq. ft. variance for a free standing garage, seconded by L. Horvath. Roll call on Motion: Messrs. Remmel, Horvath, and Wasniak, aye. P4r. Ledvina, Nay. Motion passed. Variance granted for a garage. 10. Robert Mikolak, 4844 Fleharty Request for variance (1133.13). Request 2' 6" ht. variance for fence in the front set back area. 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 Mr. Mikolak had taken out a permit for the rear yard fence only, but nor for the fence in the front set back area. Because his property is beside the Brookpark right-of-way he extended it to screen out the noise and litter from the road. L. Horvath moved to grant the variance, seconded by W. Wasniak and unanimously approved. Variance granted. 11. James L. Stewart, 25120 Randall Dr. Request for variance (1133.13). Request 22' rear yard variance for patio cover. Biolation of Ord. 62-33, Section 1163.01. Variance granted for house 9/17/63.