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health, safety, morals, welfare or convenience, of neighboring property or creating a nuisance. The proposed use will not comply with other provisions or standards specified in the code. Mrs. Sergi voiced a concern with the two additions looking like additions and the rooflines not matching. Mr. Collins reviewed the roofline and said that foundation work would be completed at the same time the addition is added. Board members voiced that they had no objections to the request. R. Menser moved to approve Karen Smith of 24438 Rosita Lane her request for variance (1123.12) which consists of an addition and the following variance and special permit is granted: • A special permit to add to a non-conforming building (1165.02), existing rear setback is only 38.6'). 1. A.19.6 foot variance for a residence to close to rear property line, (code requires 50', applicant shows 30.6'). Which is in violation of Ord. 90-125 section (1135.08 (a)). T. Kelly seconded the motion, which was unanimously approved. 5. Patricia Sontempo; 23093 Clifford Dr. (WRD# 2) Request for variance (1123.12). The proposal consists of new detached garage and the following variance is requested: 1. A 4 foot variance for a garage too close to side property line, (code requires, 5', applicant shows 1'). Which is in violation of Ord. 90-125 section (1135.02 (C2)). Note: Old garage has been removed but 12'x 8' slab remains in place. Ms. Boritempo the owner and Ms. O'Dee abutting neighbor each came forward to be sworn in and address the request. Ms. Bontempo reviewed that the existing garage was removed and she would like to replace the garage with a new 20' x 20'x 15' high two car garage. The garages in the neighborhood are set in the same manor 1 foot off the property lines. If the garage is moved inward 5 feet the driveway would also have to be removed and reconfigured to align with the door. "Ms. O'Dee said she had no objections to the garage as moving the garage would alter the character of the neighborhood. Mrs. Diver read aloud Mr. Conway's memo which sated the building department objected to the variance request. If the building caught on fire it could not be contained within the property limits nor could the structure be maintained without trespassing onto the neighbor's property. He requested that if the variance is granted the applicant be required to use 5/8" fire retardant drywall installed on the interior of the framing to a point within 5' of the property line and to reduce the setback to a point in which the structure could be maintained. Mrs. Sergi questioned if the existing slab and footers would be used for the new garage. Ms. Bontempo said due to the poor condition of the existing slab and footers they would have to be removed and replaced. Mrs. Diver questioned why the garage couldn't be moved if the slab was not being reused. Ms. Bontempo felt that if the garage was moved it would take up half her property and rebuilding in the same location would keep the neighborhood uniform. Mrs. Sergi said that as the majority of garages in the neighborhood were 1 car garages building a 2 car garage was not maintaining the character of the neighborhood. The garage wall being 1' off the property line would also make it impossible to maintain your garage and grass without trespassing onto the neighbor's yard. Mr. Conway said his main concern was being able to maintain the structure and yard without trespassing. Mrs. Diver believed that the property could yield a reasonable return without the variance. The variance is not substantial but the proximity in which the 4' places the strueture is a significant intrusion upon the neighbor's lot. The character of the neighborhood may or may not be affected. On one hand the location is in keeping with the neighborhood but the size of the garage is not in character of the neighborhood. Governmental services would not be affected. The spirit and intent would not be served and justice served granting the variance. Mrs. Sergi felt that the owner needed relief from the code 4