05/28/1969 Minutes - Laserfiche WebLink

Home Browse Search

CITY dF NORTH OLMSTLD - BOART) OF ZONING APPEALS Regular Meetiug held at Citg HalI ---- 14ag 28, 1969 The meeting was called to order at 7>36 P.M. by Ch83.raan John Robertsa Those Present: Mra. Eian, Mssrs. Greene, Roberts, Lancashire AZso Preseffit: Mrs Gundy, Building ComrL.i.ssioner The minutes of the 5/7/69 meeting were approved wS.th,the fo].Iawing coa°rectien: Under Hearing No. 7- last sentence should read "The motion passed with Mr. LancashirQ and A4r. ForceZliazi vot3ng mm.". 1. Appellant: Don G. MeDaniels., 3791 Cmlumbia Road. .Conti.nuatian mf request to erect a detached garage 31 f'resffi existing dwelling. Request is ill vio3ation af Orc'l3naffice #62-33, Section.1151.04 wkich requires a detached garage to be a miniamm mf 201 firom dwelling. Presents Mr. McDazzi.el, Mr• SearmaA Air. McDaniel presented plans for attaching garage to house by means of a roofed area. Mr. Gundy stated that this would not constitute an attached garage and that variances would still be necessary. In order to be con5idered an a.ttached._garage., there must be a comon waZl. Since all possibilities regarding location of a garage had bee-n studied and board Lmembers felt not having a garage was a real hardsh.i.p, Mr. Greene moved to grant a 151 varia.nce Uetween nouse and garage, a, 21 rear atzd 3' side yard variance an.d I11 variance betweea garage and adjacent dNeZling for semi-attached garage with distance between house and garage to be covered by rmof as per plan presonted. Mrs. Eian seconcled the motion. IInanimously passed. 2. Appellant: Sinclair Oil Co., SE Corner of Larain Road and Park Ridge Drive. Request to erect servi.ce sta'uion !,rithin 5001 of tne.Post Office. Request is in violation of Ordi.nance #62-339 Section 1173.02 (H) which states that a gasoline atation cannot be Ioca•ted within 5004 of any Ivt occupied by an exiating public huilding. Preseiit; Mr. ScanloM and Mr. Lambros, legal council for SincZair Qil Co; Mr. Webster, Mr, Ricky9 Mr. Foocly, Numerous other residents of Park Ridge Subdivision. Mr. Roberts read the defini-tion of a public building receivecl from the Law Direct.or, Basically a public buildiiig is deterrLiuied no't by own.ership but by use. Mrm Scanlon sta.ted that the Law Directorls definition r.aken fram Black° s Law Dictianery applied to states other 'tha.n f?hio.- Mre Scanlon contended that a public 17uilding is a pZace that is a public gathering pZace and stated that the Tdorth Ol.msted Post Office is not a public building beeause it is not a public gathering placeo He furtllur stated that the property ownerst rights were being taken away because the area is zaned commercial and that na notices were-sen-t out to them before the Post Office was constructed last year. He requested that SincYair QiI Co. be permitted to proceed. A2r. Roberts read a letter fron Mr. John Jack vf the West Park - Forest Ridge Civia Association stating their obj ection tv a variance being grantedo Mr. Jack Webster read a statemen-t on-be- half of the people of the Park Rid.ge Civic Associ.ation statirag their obj ections to a varia.nce. Mro Ricky a.nd Mr. Foody both sta.teel that thcy felt we shmuld adhere to the ordinance. Mr. Scan1.om cited. cases where ruZings have been atade against spac3.ng ordinancesb].seithere? Mr. Greene stated that-the Board can't rule on the ordinanee. On the ba.si:s_.o£.. the Hoard acting on a definition orally subm3.tted by the Law. Director with written cvnfirmation sent aut by post.. Mrse Eian moeed to deny the variaxxj..ce d.ue to lack.of hardship. Mr: Lancaslv.re seconded the ffiotion. Unanimously passed. Mr. Sca..nlon -stated that he wa.s hereby -xicsti#yiiig the Board o£ their. intention _to. appea1 -on the basi.s--af- the.--North OTizsted Zoning-f}rdiziaMCe. He requested a-n estinsate on the number of persons attending the hearing. It was decided that there were approxiraa.te].y 125