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3. A 5 foot variance for parking setback along Dewey Road, (code requires 20', applicant shows 151). Which is in violation of 90-125, Section (1139.07) (table). This variance is contingent upon eliminating any and all present and future proposals for curb cuts along Dewey Road. W. Kremzar seconded the motion which was unanimously approved. "Variances Granted as Amended". M. Diver moved to grant C& C Realty of 27932 Lorain Road their request for variance (1123.12), which consists of site development and the following variance, is granted: 6. A variance for irrigation, (code requires irrigation, applicant shows none),Which is in violation of 90-125, Section (1139.14). As no supporting evidence or economic depravation was shown to support the request and it appears that the applicant is making an economically viable pay from the property. N. Sergi seconded the motion, which was unanimously denied. "Variance Denied" Note: findings are attached to back of minutes. Acting Chairman Kremzar announced that case NO. 10 would be addressed next. 10. Woodscane Condominiums (Rich Denman); 22968 Maple Ridge Road: (WRD 21 Request for variance (1123.12). The proposal consists of replacing a ground sign The following variances are requested: 1. A variance for a ground sign located on a residential district, (code does not permit, applicant shows 1), section (1163.26 (A)). 2. A variance for a billboarcl sign, (code does not permit, applicant shows 1), section (1163.29). 3. A 2 foot variance for a ground sign too close to right of way, (code requires 5', applicant shows 3'), section (1163.26 (B)). Which is in violation of Ord. 90-125 section; (1163.26 (A)), (1163.29), and (1163.26 (B)). Mr. Kremzar announced that the applicants of Woodscape Condominiums requested they be tabled until the September 1, 2005 meeting. N. Sergi moved to table Woodscape Condominiums (Rich Denman) of 22968 Maple Ridge Road until September 1, 2005 as requested. M. Diver seconded the motion which was unanimously approved. Variance Tabled 3. Suburban Collision Center; 26618 Brookpark Road Ext. (WRD 1) The proposal consists of an addition to rear of building. • A special permit to add to a non-conforming building, section (1165.02). Note: Existing Structure was granted a 37 foot variance for front yard setback on 2/4/99. Planning Commission recommended BZA grant the special permit on 6/14/05 and Board of Zoning Appeals tabled the request on 7/7/05. Mr. Kolick the applicants attorney, Mr. Orr the General Contractor, Mr. Ritchie, with Spray Bake, paint booths, Mr. Papotto, the Owner, Mr. Gray, with Sherwin Williams, and the following neighbor's Ms. Meredith, Mr. & Mrs. Covell, Ms. Hejnal, Mr. & Mrs. Vine, Mr. Schmidtkegene, each Came forward to be sworn in and address the request. Mr. Kolick suggested that he did not believe his client should require a vaxiance for a non-conforming building as he were granted a variance for adding to a non-conforming building in 1999 and the proposed addition meets all area requiremerits of the City Code. The reason his clients building is non-conforming is because the City expanded Brookpark Road and the owner at the time, was asked to give up some of his land. His client purchased the land in 1991 and as his business grew he wanted to address the issue of patrons having to be exposed to the weather elements and submitted plans to the city to expand the front of his shop. That was in 1999 at which time the Board of Zoning Appeals granted his client a variance to add to a non-conforming building as well as a setback variance. Therefore he believes 6of16