05/04/2006 Minutes - Laserfiche WebLink

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home not for creating an access road. 4 years ago Mr. Bauer tried to put a proposal along Eliz.abeth and Fitch Roads through Olmsted Townslup but was tumed down therefore she does not hvst the applicant. Mr. Vanyo advised that he moved to the area due to the naturat woods and the preservation of the development of the area which should be maintained. The children in the neighborhood have pulled together to help nlaintain the lot. Halley Vanyo said that she and her friends wanted the woods to st.a.y and they cleaaied the woods to keep it looking beautiful. Mr. Bauer advised that he ptrchased the Iot from Ms. I'ieifer's fafher and he had been maintaining the Iot and on October 17, he received a notice fortn building inspector Schneider advising that the lot needed to be clea.ned which he had done. Ms. Diver asked what wouid be aIlowed to be built on the Iot wluch would not exceed 25% of the square footage of the lot. Mr. Burke believed that not only were the variances being requested substantial, but testimony presemted showed that the development would substantially alter the character of the neighborhood. g'he owner ptrchased the land froffi her father and had.. knowledge that it was a non-conforaning Iot and did not meet the zoning requirements of the city. The neighbors have offered to purchase the lot, which impiies that the Iot can yietd a reasonable retum without variances. As far as the owners predicament being precluded through another method than a variance, prabably not, the lot ns either build-able or not. The spirit and intent of the zoning code wouid be in someway jeopardized i€ the variances are granted based an testnmony presented by the neighbors. Mr. Conway advised that no home could be built on the lot without variances as no home could meet the front aaid rear yard zoning aequirements. Mr. Bauer stated that he wanted to withdraw tbeir request to seek legal guidance. Mr. O'Mailey advised that Ms. Packer was the applicant not Mr. Bauer therefore it was up to Ms. Packer to petition the board to allow the matter to be postponed at this ti.me or allow her the opportunity to withdraw her request all together in accordance to the BZA Rules and Regulations section 5 pazagraph 1. Mr. IVIaloney questioned what Ms. Packer wanted to do. 1VIs. Packer stafed fi.bat she wanted to withdraw her request at this time. J. Burke moved to have the Board of Zoning Appeals grant the applicant Ms. Packer the right to unilaterally withdraw her application after presentation of evidence has been made. J. 1Wlaioney seconded the motioa which was unanintousty denied. Reqtaest fo wifhdraw Denied I)uring roll cali Mr. Burke voiced that it is the burden of the applicant to demonstrate to the Board of Zoning Appeals legal issues regazding whether or not the lot is a legal nora-eonforxning lot or not. Presentations have lbeen made evidence taken and he believes that prejudice would result if the boazd allows the appiicant to withdraw her request. Mr. KeBy voiced that the request was beyond excessive or reasonable. Ms. Diver voiced that it was the applicants' burden to be prepared and. should have been prior to the meeting as she was aware the variances weae excessive when applying for the variances. NIr. Burke did nat thints the request woulci adversely affect gavernment services. Mrs. Diver felt that the Variances requested were substantial and would adversely affect the character of the neighborhood. 'I'he Building Comffiissioner has advised the board that no Inome could be built on the lot without variance due to the size of the lot. The owner had priop knowledge of zoning issues and she believes that as neighbors have offered to purchase the iand therefore the Iot can yield a reasonable return. Mr. O'Malley advised the board to ignore%verlook the emotions of the presentation aad. to alale in a probative inanor and recoramended the board issue an oxder of findings. J. Burke moved to grant Prudence Packer of 27107 Bellevue Drive her request for variance (1123.12), which consists of a new house and that the following varaances are granted: 5