11/01/2007 Minutes - Laserfiche WebLink

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Cl7'Y OF NORTH OLMSTED 3. Z Negative = Grant: Negative - the character of the neighborhood would not be altered. 4. Z Negative = Grant: Negative - governmental services will not be altered. 5. Z Affit-inative = Deny: Affirmative- applicant presumably had knowledge of the zoning restrictions prior to purchase. 6. Z Affirmative = Deny: Affirmative - the applicant can reduce or reconfigure its redevelopment and avoid its predicament without insisting on a variance. 7. Z Negative = Deny: Negative - the spirit and intent of the Code would not be observed, and substantial justice does not require development in excess of coverage limits. Acco"rdingly,'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 Followin.g:;the above outline of the variance, as presented on the Board's Agenda, the Board separately ruled on.the _items as follows: 7. A vari;ance. for light fixtures not being a full cutoff (note: 1), (code requires full cutoff, applicant shows none), section (1161.12 (D)). 8. A variance for 2 parking spaces, (code requires 6, applicant shows 4), section (1161.04 (b)). Note: Hand'icap is not striped for vans; also handicap space and one space block dumpster and propane tank sales. 10. A 3,foot variance for front yard setback (due to roof projection), (code requires 75 ft, applicant shows 72 ft), section (table 1139.07). 11. A 20 foot variance for rear yard setback, (code requires 25 ft applicant shows 5 ft), section (1139.07). 12. A 10 foot side yard variance to parking, (code requires 10 ft applicant shows 0 ft) section (1139.07). Standards: • 1. Z. Affi,r.mative = Deny: Affirmative - applicant failed to demonstrate the absence of reasonable returii or beneficial use without the variance. .? 2. Z Affirmative = Deny: Affirmative - the scope of the variances is substantial. 3. Z Negative = Grant: Negative - the character of the neighborhood would not be altered. 4. Z N;egative = 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. ? Affirmative = Deny: Affirmative - Enhancement of facilities can occur within code, thus applicant's alleged predicament can be avoided without substantial variances. 7. v\J Negative = Deny Negative - the spirit and intent of the Code would not be observed, and substantial justice does not require variance for excessive expansion. :'f....-5200 Dover Center Road, North Olmsted, Ohio 44070 - Phone: (440) 716-4134 - Fax: (440) 777-5889 RoteD@north-olmsted.com - www.north-olmsted.com