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CITY OF NORTH OLMSTED BOARD OF ZO1vING APPEALS AUGUST 4, 2005 MINIITES I. ROLL CALL: Acting Chairman Kremzar called the meeting to order at 7:35 pm. PRESENT: Vice Chairman W. Kremzar, board members; T. Kelly, M. Diver and N. Sergi ALSO PRESENT: Assistant Law Director B. O'Malley and Clerk of Commissions D. Rote. ABSENT: Chairman; J. Maloney Review and correction of minutes were addressed at the end of the meeting. Acting Chairman Kremzar reviewed that there were 11 cases requesting 25 variances and one special pertnit on the docket. He further advised that the board members had viewed the premises involved for each case. Three votes are required for approval and in addition, each case would be judged on the physical situation peculiar to itself, so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and like situations elsewhere. II. BUILDING DEPARTMENT REQUESTS: OLD BUSINESS: 1. William & Pam Chesar; 28469 Holly Drive: (WRD 3) Request for variance (1123.12). The proposal consists of a shed. The following variances are requested: 1. A 24 square foot variance for a shed larger than code permits (see note), (code permits 56 sq ft, applicant shows 80 sq ft), section (1135.02 (Dl)). 2. A 5 foot variance for a shed located too close to rear property line, (code requires 10 `, applicant shows 5'), section (1135.02 (D4)). Which is in violation of Ord. 90-125 sections (1135.02 (D1)) and (1135.02 (D4)). Note: Previous request for a 64 sq ft, variance was denied by the BZA on 7/7/05, new request is 38% less than original request. Mr. & Mrs. Chesar the owners and Councilman Nashar each came forward to be sworn in and address the request. Mrs. Chesar reviewed that they decreased the size of the shed, but still required the 5-foot rear yard setback variance. The yard is very small to begin with and moving the shed in 10 feet would just about place the shed in the middle of the yard. The requested shed is a total of 40 square feet smaller than what was first requested. Mrs. Sergi asked if the area around the shed could be properly maintained. Mr. Chesar indicated that there would .be enough room for their lavtnunower and reviewed that letters from their neighbors were submitted stating they had no objections to the sheds proposed location. Mr. Kremzar questioned if there were any easements or swells along the rear property lines. Mrs. Chesar indicated that there were no swells or easements. Councilman Nashar indicated that he felt that as the owners decreased the size of the shed by 20% and their abutting neighbors had no object to the request the applicants should be granted their request. N. Sergi moved to grant William & Pam Chesar of 28469 Holly Drive their request for variance (1123.12) which consists of a shed and the following variances are granted: 1. A 24 square foot variance for a shed larger than code permits (see note), (code permits 56 sq ft, applicant shows 80 sq ft), section (1135.02 (1)1)). 1of16