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1. A 16 foot variance for front setback of residence, (code requires 50', applicant shows 34'), section
<br />1135.06(a).
<br />2. A 12 foot 6 inch variance for side setback of a residence, (code requires 25', applicant shows 12'
<br />6"), section 1135.06(B).
<br />3. A 120 square foot variance for a residence larger than code allows on a lot, (code permits 1878 sq
<br />ft, applicant shows 1998 sq ft), section 1135.05(c).
<br />4. An 8 foot variance for a residence too close to rear property line, (code requires 50', applicant
<br />shows 42'), section 1135.08(A).
<br />5. A variance for radio tower not attached to dwelling, (code requires attached, applicant shows not
<br />attached), section 1135.02(G).
<br />6. A 7 foot 6 inch variance for radio tower installed within a neighbors 50' front setback on a corner
<br />lot, (code requires 50', applicant shows 42.6'), section 1135.02(D)(5).
<br />7. A 7 foot variance for radio tower closer to rear property line then code allows, (code requires 10',
<br />applicant shows 3'), section 1135.02(D)(4),
<br />which is in violation of sections 1135.06(a), 1135.06(B), 1135.05(c), 1135.08(A), 1135.02(G),
<br />1135.02(G) and 1135.02(D)(4).
<br />The following came forward and were sworn in: Joseph Mate, Phillip Thornton, Vicki Mate, Gayle
<br />Kenard, Joanne Brown, Donald J. Cawley, Clara Long
<br />Joanne Brown, architect, requested that the board address the requests as two separate issues, the
<br />radio tower and the house addition variance requests. Ms. Brown brought revised copies of previous
<br />approved variances. The addition is in the front yard setback. The City says that property is 39 feet
<br />from Marion Road to the house, as verified by Dave Pelz, which would make the rear of the house
<br />39 feet. Mr. Burke requested to know of any other difference other than the 5 foot variance
<br />previously approved. Mrs. Mate said that the major difference is the ?arage will face Clifford Road
<br />with a U shaped driveway, although apron could be moved to W. 233T . The small front porch could
<br />be modified to provide more use. Outside drawings indicate that the upper part of house is set back
<br />from main house 3 or 4 feet. Brick would remain on bottom, sided on top, and the side door would
<br />be set back 2 feet for appearance. The change will accommodate a developmentally disabled son.
<br />Next, the applicant addressed the request for the radio tower. They asked Mr. Rymarczyk to clarify
<br />what the location language (gabled side) for a radio tower refers to. Mr. Mate stated that tower is for
<br />amateur radio station purposes, not commercial. The tower is manufactured by Glen Martin
<br />engineering of Missouri, designed to be free standing, or with guides. It is rated for 38 feet at 87
<br />MPH wind and a 2 foot wind load. Specs call for 2.5 feet of concrete footing. The triangular tower
<br />is made out of T60/61 aluminum stock. It's an open structure, wind can pass through it. It also has a
<br />feature to fold down to lower it to the ground especially in a storm. Mr. Mate has been licensed by
<br />the FCC for 38 years. Mr. O'Malley questioned why it needed to be in this location. Mr. Mate
<br />stated that there is no gabled side to house. The plot runs parallel to W. 233Td. The gabled side of
<br />the house would only offer 12 feet of attachment going up from the ground. Mr. Mate is asking to
<br />place the tower against the side yard parallel to W 233rd so that the tower can get pulled down and
<br />keep entire structure on property. Mr. Maloney clarified that the tower would be on the neighbor
<br />property line.
<br />Mr. Maloney noted that there are conflicting requests and diagrams. The applicant requested to table
<br />it; however, Mr. O'Malley noted that tabling during the hearing is not within the applicant's
<br />discretion. Also, federal laws preempt local zoning codes. According to the FCC, it is Limited
<br />Federal Preemption, which the FCC dictates that local zoning code stands down if the applicant
<br />should choose to exercise his right. Mr. O'Malley would like Mr. Mate to expand or explain why
<br />the tower should be placed in a location requiring a variance.
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