07/02/1975 Minutes - Laserfiche WebLink

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Board of Zoning Appeals 7-2-75 - 3- Present: Mr. and 14rs. Pashko kiho were administered the oath. Case and ap- peal were read. 10 ft. x 1L fto tool shed is shown on print. Zot size is 70 ft. x 175 ft. There is large ditch across rear of proper- tyv Rear yard is 70 ft. x 75 ft. Size was discussed. Mr. Tubbs movea to den,y request for specia.l permit for tool shed, Mr. Olson seconded and motion passed. 9e Steven and Patricia Zagony, L742 Porter Rd. Requesz for variance (1133.13). Request for 1 ft. variance for fencE height. Violation of Ord. 62-33 Section. l1)1eQ4e Case and appeal were read. No one came forth. Mr. Zedvina had made inspec- tiono Mr. Olson moved to continuea Mro I?uskey seconded and motion passed. 10. Simmons Apt. Building - Christman and Lorain. Request for variance (1133s13)o Request for hearing under Ord. 62-33 Sections 1133.07 and 1133.08. Fresents Mro and Mrs. Simmons9 H. Babcock, Pres. Bretton Ridge Civic Associa- tion, Nx. Minnis, attorney for Simmons, Larry Friedman, attorney for Bretton Ridge Civic Association9 Councilman iJilamosky and NIr. Ernest. Witnesses were administered the oath. Case and appeal were read. Petition from Mr. and 14rs. Joseph Simmons was read by Chairman Led- vina. Powers in regard to an appeal under Ord. 62m33 8ection 1133.13 were explained. Tsaw Director Gareau suggested procedure to be followed in this hearing. P'Ir. Minnis spoke first. Argument included (1) It is corner lot with one building; the Christman Rd. side is to be built. Cluster A residential should allow 8 suite apartment on abutting property. Other retail business ean be constructed on the property. (2) Ap- pellant is charged with the burden of shotaing hardship - footers have to be laid down by A.ugust 1' 1975 for gas deadline> or higher rents must be charged prospective tenants for electrical utility use throughout. (3) A look at the contemplated building shows it wi1l be complimentary to the a.rea; no threat of air pollution from apartment use; area will not need to be fu11y paved as it would have to be with any other commercial establishme.nt. Tntents and purposeg conform with the codem N?r°o Minnis urged that apartment use as pro- posed is lesser use of the propertyo Mr. Friedman, Cousel for Bretton Rid;e Civic Associati.on introduced Mro Babcock, President of the Bretton Ridge Civic Association, who introduced resolution which he summarizede Tt is resolutian of op- position and represents 400 families. Reasons of opposition are: (1) Traffic hazard; (2) traffic and street parking wi11 be hazard to children; (3) in Bretton Ridge Recreation area there will be over- flow parking from apartment residents; (4) building does not conform to residential; (5) will encroach on use of recreation area of Bret- ton Ridge. Mre Friedman cited inadequacy of notice. His suggestion was to defer any action on quESt of clarity of sections of the ordi- nancee In Paragraph T proposal is otherwise complying but variance is needed as to use and then variance of yard requirementsm Prece- dent in application was ques'tioned; he said in fact if there were er- rors previously they should be disregarded today. Mrs Friedman cond tinuPd theze seems to be a threat of other types of retail business Recycled Bond - One step to eave oux eavixonmeat