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CITY OF NORTH OLMSTED BOARD OF ZONING APPEALS HELD IN COUNCIL CHAMBERS SEPTEMBER 07, 2006 MINUTES I. ROLL CALL: The meeting was called to order at 7:30 pm. PRESENT: Members; M. Diver, J. Burke, N. Sergi and T. Kelly ALSO PRESENT: Assistant Law Director B. O'Malley, Assistant Building Commissioner T. Rymarczyk and Clerk of Commissions D. Rote. ABSENT: Chairman J. Maloney II. REVIEW AND CORRECTION OF 1VIINUTES: N. Sergi moved to table the Board of Zoning Appeals minutes dated August 03, 2006 until meeting nezt. T. Kelly seconded the motion, which was unanimously approved. Vice Chairwoman Diver reviewed that there were 5 cases requesting 19 variances and 1 special permit on the docket. She further advised that each board member 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. III. RESIDENTIAL APPEALS AND REQUESTS: 1. Joe & Vickie Mate; 23281 Marion Rd: (WRD # 2) A). Request for a special permit to add to a non-conforming building, section (1165.02). Exiting dwelling has a 38' front setback and 14'6" side setback and code requires a 50' front setback and 25' side setback. B). Request for variance (1123.12). The proposal consists of an addition and the following variances are requested: 1. A 16 foot variance for front setback of residence, (code requires 50', applicant shows 34'), section (1135.06 (a)). 2. A 12 foot 6 inch variance for side setback of a residence, (code requires 25', applicant shows 12' 6"), section (1135.06 (B)). 3. A 120 square foot variance for a residence larger than code allows on a lot, (code permits 1878 sq ft, applicant shows 1998 sq ft), section (1135.05 (c)). 4. An 8 foot variance for a residence too close to rear property line, (code requires 50', applicant shows 42'), section (1135.08 (A)). 5. A variance for radio tower not attached to dwelling, (code requires attached, applicant shows not attached), section (1135.02 (G)). 6. A 22 foot 5 inch variance for an accessory structure within required side yard setback on a corner lot, (code requires 25', applicant show 2.5'), section (1135.02 (D)). 7. A 38 foot variance for an accessory structure higher than code allows, (code. permits 12', applicant shows 50'), section (1135.02 (D 2)). Which is in violation of Ord. 90-125 sections: (1135.06 (a)), (1135.06 (B)), (1135.05 (c)), (1135.08 (A)), (1135.02 (G)), (1135.02 (D)) and (1135.02 (D2)). BZA tabled the matter 08/03/06. Mrs. Mate the owner and Ms. Brown, the architect each came forward to be sworn in and address the request. Ms. Brown reviewed that due to the concerns voiced at the last BZA meeting the tower was moved to a new location. She also met with the building commissioner and interior changes were made to insure that the home would in fact remain a single family dwelling. The kitchenette was