04/03/1974 Minutes - Laserfiche WebLink

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Board of Zoning Appeals 4-3-74 ' 2' Present: Mr. and Nrs. Strauss and Couneilman Qoggin. Case was read and Witnesses were administered the osth. Nr. Strauss explained plana. Requested is 3 ft. 6 i.n. variance between garage and proposed addition. Mr. Dusky moved to grant variance of 3 ft. 6 in, separation betwe.en garage and house. Mr. Ledvina second- ed. Messrs. Dusky, Ledvina, Hami.ll and Roberts voted aye. Mr. Tubbs voted nay. Motion passed. 3. Doriald W. Clancyp 23085 Marion Ave.. Request for variance (1133.13)• Re- quest for apecial permit to build addition to non-conforming dwelling. Special permit required by Ord. 62-33 Section 1231.02. Present: Mr. Glancy. Case was read and Witneas.was administered the oath. Builder's draming was shown. Bequest is for variance on rear yard set baek; variance hxistseong;front set back. Lot is 138• 15 ft. deep x 75 ft. frontage. After some discussion Mr. Roberts moved to grant special permit for addition as shown. Mr. Duslcgy seconded and motion passed. 4. Cardinal Federal S-avings & Loan Association, 25800 Lorain Rd. Request for eariance (1133.13)• Request for nariance for ingress and egress and park- ing area. Request for special permit under Ord. 62-33 Section 1231.03 sub paragraph (C). Presents Mr. Wm. J. Bender, Attorney for Cardinal Federal Savings & Loan= Association, Mr. Elliott Eisner, representing the bank, Mr. Kurt Richardss Mr. Anthony Divenere. TrTitnesses were administered the oath. Case was read. At its November 8s 1973 meeting this Board granted special per- mit for variance to alter, renovate and modernize existing concrete block build- 3.ng at 25853 Lorain Rd. for period of three years. Law Director Gareau gaee re- cap of eventa since then and raade opening statement. On April 1 Mr. Gareau far- warded to all members of thia Board legal opinion rendered by him on Jan. 10,1974 also copies of the analysis of several court cases. Building in question has been eacant for over one year and ita non conforming use has expired. It is in a Class B hi rise district. ftequested now by Cardinal Federal Savings and I,oan Associa- tion is variance on setback and variance for use. Plan was rejected by Planning Commission. The Building Zoning aad Development Committee of North Olmsted City Couneil concluded another variance was needed. The three conditions of hardship were outlined by Mr. Gareau. The gentlemen from the Bank informed the Board members a 5 story building was planned, with the Bank to rent onE?,half the ground floor and the developer backed out. Their branch bank license or charter gran'ted by state has time limit. Cardinal Federal has deed to the property. There waa discussion as to procedure at termination of three year time limit. Wm. Bender, representing the bank, was asked on cross examination whether or not the hard- sh3.p which he alleged was basically a hardship brought about because oF high interest rate8 and the fact that the original bu3lcler baeked out of the contract with Cardinal Federal and in no way related to a hardship because of siZe or shape or other characteristicts not shared by other parcels in the same district or immediate vicinity. Mr. Bender replied that the hardship was due to interest rat,es and the fact that the original builder refused to go through with his pro- posed development. Final argument was heard by the Iaw Director and Mr. Bender as well as Mr. Divenere and Mr. Richarda. Mr. Richards offered pictures of ex- isting concrete block building. W. Divenere said he wants to see spirit of the ordinance carried out. Mr. Ledvina moved to reject. Mr. Duskey seconded the motion. Messrs. Ledvina, Daskey, Roberts and Hamill voted aye. Mr. Tubbs abstained. -Request rejected.