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10/04/2007 Minutes
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10/04/2007 Minutes
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N Olmsted Boards & Commissions
Year
2007
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
10/4/2007
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,. . ( <br />rear;interior of their home was presented to help the members visualize the size and tightness of <br />the spaae. Mr. Tompkins a neighbor reviewed that his home was reconfigured for a rear addition <br />and lie did not believe that a rear addition would be enough to allow the neighbor's father to <br />maneuver his wheelchair throughout the home; in fact it may even confine him to the addition <br />space only. Mr. Conway stood by his comments from the last meeting. Mr. O'Malley reviewed <br />Federal laws pertaining to Americans with Disabilities Act, Fairhousing standards and the <br />standards which the board should use in reviewing the case. <br />Mrs, Diver noted that the addition would be 18' x 20' and woulci include a restroom. Mrs. Sergi <br />felt that the neighborhood would not be adversely affected as other homes have front additions. <br />Mr. Menser felt the applicants only had two options; place addition in the front of home or move <br />to a new home. Ms. Williamson felt that the need of the addition outweighed the rear placement <br />and that the request was not substantial or out of character of the neighborhood. Mrs. Sergi felt <br />there :was no other way for the applicants to provide for their father and did not believe the <br />request ?was substantial. Mrs. Diver felt a rear addition would require more work than a front <br />addition and the owner's circumstances were already placing a strain on the applicant's family. <br />Mrs.' `Sergi believed that the home only yielded a beneficial use and reasonable return for <br />everyone but the father in-law. The request is not substantial, governmental services would not <br />be affec.ted and front additions are found throughout the neighborhood. Mrs. Diver reviewed that <br />it is assumed that all property owners purchase their property with knowledge of zoning code <br />requirements. The problem can be resolved by the applicants moving but that would have issues <br />of its own. Mrs. Sergi felt granting the variances would serve the spirit and intent of the zoning <br />code.' <br />Mr.;IVIenser moved, seconded by Mrs. Sergi to approve Daniel and Karen Carson of 5639 <br />Porter ? Road their request for variance (1123.12), which consists of an addition and the <br />folloWirig variance is granted: 1) A 14 foot variance for front yard setback for residential <br />addition (code requires 501, applicant shows 36'), in violation of Ord. 90-125 section <br />(1135:06 (a)), which was unanimously approved. 4-0. <br />Thorria`s?Hurst; 23071 VirLiinia Ave: (Ward 2) <br />•'A,',special permit to add to a non-conforming building (1165.02), existing garage is 3 foot 6 <br />inclies from sideyard line and code requires 5 foot. <br />? A:variance for section (1165.02) as the addition does not comply with sideyard setback. <br />Request,for variance (1123.12). The proposal consists of a garage addition. <br />The following variances are requested: <br />1. A` 1 foot 6 inch variance for an accessory structure too close to sideyard setback, (code <br />requ'ires 5' applicant shows 3'6"), section (1135.02 (C2)). <br />2. A 22`square foot variance for a detached garage larger than code allows (note), (code permits <br />750 $q;;A applicant shows 772 sq ft), section (1135.02 (Cl)). <br />Whi6 is in violation of Ord. 90-125 sections; (1135.02 (C1)) and (1135.02 (C2)). <br />Note; Existing garage is 372 sq ft. Proposed addition is 400 sq ft. Total square footage <br />includirig addition is 772 sq ft. _ <br />Representative: Thomas Hurst the owner was sworn in to review his request. <br />Mr. Hurst. said he would like to place a 20' x 20' addition in line with the existing garage using <br />the existing cement slab. The addition will house a third car and lawn equipment. Mrs. Diver <br />reviewed a special permit to add to a non-conforming building was required. Mr. O'Malley <br />reviewecl that non-conforming structures are grandfathered as they are but if expanded the <br />expan`sion is expected to meet current zoning code requirements. Mrs. Diver questioned why the <br />2
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