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r <br />/ <br />0 <br />BOARD OF ZONING APPEALS FEBRUARY 6, 1980 PAGE 3 <br />C. Ledvina called all interested parties before the Board. The oath <br />was administered. It was observed that since the garage would still be <br />more than 10' from the house that no fire wall would be required. W. <br />Wasniak moved that the variance and special permit be granted, seconded <br />by L. Horvath9 and unanimously approved. Variance and special perm.it <br />granted. Carlton Place (Shore jdest Construction), Clague and Brookpark Rd. <br />Request for variance (1133.13). Request 5' sidewalk variance and in <br />another location a 10' variance for a patio to encroach in required <br />buffer zone. This is contrary to the variance granted October 10, 1979. <br />Violation of Ord. 62-33, Section 1159-B/ <br />C. Ledvina called all interested parties before the Board. The oath <br />was administered. Mr. Mongello, Architect, and F. Bower of Shore West <br />Construction explained the request. The variance is to allow a sidewalk, <br />patio, and fence in-the side yard set back area. D..Ledvina questioned <br />the need for a variance in the buffer zone between Residential property <br />and Multi-family zoning. E. Gundy stated that the code read that' <br />such a buffer zone should "remain vacant and be landscaped:' It was <br />pointed out by M. Gareau that in residential areas a sidewalk or patio <br />would be allowed without a variance in the set back area. Mro DeWitt, <br />a neighbor, felt that the door in these units can be moved so that <br />no sidewalks or patio would be necessary in the proposed location; and <br />also that there were other options such as reducing the size of the <br />buildings.so that no variance would be necessary. The other neighbors <br />were also opposed to-the variance. Fred $ower stated that there was no <br />struc-t-ual -e-lement:going into the set back -area, and that -there was no <br />way that they..°could _rel?cate the doozways because .that it would be nec- <br />essary for peopie to-walk -a11-.the -iaay around the bui.lding to enter the <br />unit. Mr. Remmel observed that-_people-would use the shorter access <br />to the -building -whether -the sidewalk was there or not, and that this <br />would be more unsightly, - and that the proposed patio is quite a distance <br />from the rear property line of the adjacent residence facing Mastick Rd. <br />-ln the-opinion-of the-Board, the Code lacks proper definition of the <br />Buffer Zone and the fence and other improvements could be considered <br />landscaping features. C. Remmel moved to grant the variances for the <br />sidewalks immediately adjacent to the buildings and for an $ x 8' <br />patio with a 5@ fence at the end of the 8' x 8° patio for the units <br />in that particular building, seconded by L. Horvath, and unanimously <br />approved. Variances granted. <br />The meeting was adjourned at 8:35 p.m. <br />13 <br />D o Ledv:(na, Chairman <br />B. Oring, R cording Secretary