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the yard equipment needed. He is looking at a 10 horsepower tractor and with the power washer and snow blower there isn't enough room in the garage they need a shed. Mrs. Sergi said a 10' x 8' shed.would not require a variance and the proposed shed is 10' x 12'. Mrs. Beach said they discussed the proposed shed with their neighbors who had no objections to their request. Mrs. Diver asked who owned the fence and land behind the applicant property. Mr. Beach thought the property was owned by the city as it was a runoff creek behind him. Mrs. Sergi voiced that having too much stuff is not a reason for a variance and she hasn't heard a reason yet. Mr. Beach reiterated that his size and physical disabilities limits what size shed he would fit into. Mr. Menser said he thought the variance was somewhat substantial but due to the applicant's physical restrictions it creates extenuating circumstances. Mr. Beach said that he also needed the equipment as he takes care of the elderly neighbor's yards for them as well. In reviewing the standards Mrs. Sergi; said she did not feel practical difficulty was shown. The neighborhood would not be altered as there is no rear neighbor but allowing the shed size could set precedent in the neighborhood. Mr. Kelly; felt that due to the design of the shed and the physical circumstances he had no objections to the request. Ms. Williamson; had no objections and the shed would be consistent to the neighbors shed. Mrs. Diver; the yard is very nice but there has not been practical difficulty shown. She believes that keeping within code could allow a tractor to fit into a shed. Mr. ' Rizmancik the contractor came forward to be sworn and address the request. He felt that request'ing 16 square feet was not too much to ask for. The Beach's have equipment to be housed and the:owner has a physical disability to be taken into consideration. Their neighbor has a large shed anci none of their neighbors object to the shed. Mrs. Diver; the property can yield reasonable return without a variance. The variance is substantial. Mrs. Sergi; the applicant says its only 16 squa're'feet from code then it shouldn't be difficult to take 16 square feet off. Mrs. Diver reviewed that the code was just rewritten last year and the applicants are directly between 80 sq ft and 120 sq ft. Tlie `owner purchased land with knowledge of the codes. Governmental services would not be altered. ' The predicament can be precluded without a variance. The spirit and intent of the code being,served was mixed between board members. The neighborhood would be altered but would not be substantially altered as a field abuts the property. The neighbor has a large shed but the Board does not what to set Precedent. Mr. Menser was not sure of the difference of a 5 or 10 horse power mower but they can be quite large. R. Menser moved to approve Dennis & June Beach of 25147 Tara Lynn Drive their request for variance (1123.12), which consists of a new shed and the following variance is granted: A 16 square foot variance for a storage shed larger than code permats, (code permits 80 sq ft applicant shows 96 sq ft). Which is in violation of Ord. 90-125 section (1135.02 (dl)). A. Williamson seconded roll call on the motion; T. Kelly, R. IVienser, A. Williamson yes, N. Sergi and M. Diver no. Variance granted 3-2 IV. NON-RESIDENTIAI. APPEALS AND IaEQUESTS: 1. VVestfield Shoppin2 Town- Great Northern Mall; 4954 Great Northern Blvd.: (VVRD # 4 Request for variance (1123.12). The proposal consists of a Windshield repair service. The following variance is requested: 1). A variance for obstructing required parking (24 spaces), (code does not permit applicant shows 24 spaces 13 landlocked). From August 3, 2007 through October 1, 2007, 11:00 am thru 7:00 pm. Which is in violation of Ord. 90-125 section (1161.03). Mr. Reddick the General Manager for Great Northern Mall came forward to be sworn in and address the request. Mr. Reddick said they would like to have a temporary windshield service 3 .