11/01/2007 Minutes - Laserfiche WebLink

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CITY OF NORTH OLMSTED The Boar-d did not believe that additional lighting in this commercial area would be detrimental but rather may improve safety and was not substantially in excess of code. Accordingly, based on the substantial, probative and reliable evidence on the record, and as governed by application of the foregoing standards, and further subject to the conditions, the variance is hereby: GRANTED DENIED Following the above outline of the variance, as presented on the Board's Agenda, the Board separately niled on the items as follows: 9. A 26,000 and 18 ft variance for lot size and width (code requires 40,000 and 150 ft., applicant shows 14,000 and 132 ft, section (1165.04 (A & Q. Standards: 1. ? Negative = Grant: Negative - applicant demonstrated that strict and absolute application of lot size minimum would prohibit reasonable return or beneficial use without the variance. 2. Z Negative = Grant: Ne2ative - the existing lot area remains buildable with variance. ? 3. Z Negative = Grant: NeEative - the character of the neighborhood would not be altered. 4. Z Negative = Grant: Negative - governmental services will not be altered. 5. Z Affirmative = Deny: Affirmative- applicant presumably had knowledge of the zoning restrictions prior to purchase. 6. 'v7N Negative = Grant: Negative - the applicant is not compelled to acquire additional property to meet minimum area, so that applicant's predicament can only be avoided with a reasonable variance of minimum area requirement. 7. M Affirmative = Grant: Affirmative - the spirit and intent of the Code would be observed, and substantial justice does require an existing commercial lot to be used notwithstanding its deficiency in minimumIot area. Accordingly, based on the substantial, probative and reliable evidence on the record, and as governed by application of the foregoing standards, ancl further subject to the conciitions, the vlriance is hereby: GRANTED DENIED Following:the above outline of the variance, as presented on the Board's Agenda, the Board separately ruled on the items as follows: 13. A variance for exceeding lot coverage (code permits 25% applicant shows 29%), section (1139.05). Standards: 1. M Affir:,mative = Deny: Affirmative - applicant failed to demonstrate the absence of reasonaUle retuin or beneficial use without the variance. 2. [5? Affirtnative = Deny: Affirmative - the footprint was excessive. 5200 Dover Center Road, North Olmsted, Ohio 44070 - Phone: (440) 716-4134 - Fax: (440) 777-5889 RoteD@north-olmsted.com - www.north-olmsted.com