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12/04/2017 Minutes
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12/04/2017 Minutes
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N Olmsted Boards & Commissions
Year
2017
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
12/4/2017
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Representative: David Jackowicz <br />Proposal consists of a new shed. The property is zoned One Family Residence A. The following <br />variance is requested: <br />1. A variance for 3 accessory storage buildings in the rear yard; code permits 1, applicant shows <br />3, Section 1135.02(c)(2). <br />Mr. Aspery stated that the applicant is proposing to construct a third shed on their property <br />located at 6792 Barton Road to replace an existing chicken coop. Code permits 1 detached <br />storage structure per lot, with the maximum allowable structure dimensions for this lot being 200 <br />square feet and 12 feet in height. The requested variance pertains to the quantity of accessory <br />storage structures on the property, not size or location. No variances are on record allowing the <br />existing storage structures, hence the need for a variance to permit the applicant to exceed the <br />allowable number with their proposed shed. Mr. Jackowicz stated that he is proposing to replace <br />a chicken coop that was originally going to be rehabilitated, but it was beyond repair. He <br />explained the current use of the existing sheds for storage of pool equipment, landscaping <br />equipment. <br />Mr. Russell stated that the Building Department objects to the variance request due to the <br />number of sheds exceeding code, requirement. Mr. Jackowicz distributed a copy of the permit <br />from an existing shed approved in 1992 for entry into the case record. Mr. Allain asked Mr. <br />Russell about the existing shed dimensions, who confirmed that all three are 8 feet in length by 8 <br />feet in width. Mr. Allain then asked Mr. Jackowicz that if the total area of the three sheds is <br />under the allowable 200 square feet, why would he not just tear them down and build one <br />structure in compliance with the zoning regulations. Mr. Jackowicz stated that this option is not <br />feasible due to financial and labor burdens. Mr. Jackowicz then confirmed that the total area of <br />all three sheds, if approved, would be 192 square feet. <br />Mr. Allain expressed his hesitation to approve this request based solely on economic reasons, <br />which he claimed did satisfy the hardship requirements for a variance. Mr. Papotto and Mr. Raig <br />stated that the replacement shed would be a nice replacement to a well-maintained yard and did <br />not appear to be impacting quality of life for surrounding neighbors. Mr. Mackey stated that he <br />does not see an issue with the variance based on the information presented and does not see a <br />need to bar a homeowner from replacing an existing shed with a nicer one. Mr. Allain cautioned <br />against simply looking at the aesthetics of how a structure will look in a yard and urged Board <br />members to focus more on the standards for variance requests in terms of showing hardship. <br />Mr. Allain moved, seconded by Mr. Papotto, to grant the following variance for 17-10302; <br />David Jackowicz; 6792 Barton Road: <br />1. A variance for 3 accessory storage buildings in the rear yard; code permits 1, applicant <br />shows 3, Section 1135.02(c)(2)e <br />IVIotion passed 3-1. Raig, Papotto, Mackey: yes; Allain: no <br />17-10307; Rav & Karen Babiak; 4480 Martin Drive <br />Representatives: Ray & Karen Babjak <br />Proposal consists of a chicken coop. The property is zoned One Family Residence B. The <br />following variance is requested:
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