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07/12/2007 Minutes
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07/12/2007 Minutes
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N Olmsted Boards & Commissions
Year
2007
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
7/12/2007
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what is'allowed by code and the neighbors garage was very close too the property line. Mrs. <br />Sergi questioned if the owner's cars fit into the garage and the pictures presented represented the <br />additional space within the garage. Mr. Laurent said their cars fit into the garage but was very <br />crowded. Mrs. Diver felt the size of the shed was too large for the property and the request was <br />double what was just increased less than a year ago per city council. Board members said the <br />variances were substantial and the property could yield a reasonable return without the variance. <br />Mrs. Sergi did not feel the variance was warranted and the character of the neighborhood would <br />not be affected. Governmental services would not be affected and a shed can be built to code. <br />The spirit and intent of the code would not be observed granting the variance. The lots in the <br />area are very small and the board has no objections to replacing the existing shed but what is <br />requested is too much. Mr. Menser said he would be open to allowing a 10' x 10' shed and all <br />members voiced their agreements. Mr. Laurent was asked if he would be willing to compromise <br />and construct a 10' x 10' shed. Mr. Laurent said he didn't think he should have to seek a <br />variance as he is not covering more than 20% of his rear yard with the shed. Mr. Conway <br />explained that the 20% rear yard coverage is not what governs what is allowed for sheds. Shed <br />sizes are based on just over 2% rear yard coverage. <br />Moved to approve Robert & Gloria Laurent of 24138 LeBern Drive their request for <br />variance (1123.12), which consists of a shed and the following variance, is granted as <br />amended: <br />1. A 20 square foot variance for shed larger than allowed, (10' x 101), (code permits 80 sq ft, <br />applicant shows 100 sq ft). <br />2. A 3 inch variance for height of shed, code allows 8' applicant shows 8' 3"). <br />Which is in violation of Ord. 90-125 section (1135.02 (D1)). R. Menser seconded the motion, <br />which was unanimously approved. <br />8. Br'ian & Janice Tench; 24357 Woodmere Dr. (WRD# 2) <br />Request for variance (1123.12). The proposal consists of a swimming pool and the following <br />variance is requested: <br />1. A 136 square foot variance for swimming pool in rear yard, (code permits 728 sq ft, applicant <br />shows 864 sq ft(garage, deck, pool). <br />Which is in violation of Ord. 90-125 section (1135.02 (D3)). Note: Home owner is aware power <br />lines need to be moved if variance is,granted. <br />Ms. Tench the owner and Ms. Turner a neighbor each came forward to be sworn in and address <br />the request. Ms. Tench said that a blowup pool was used until the chipmunks chewed through <br />the lining. She was granted a variance for a 15 foot round pool two years earlier but did not act <br />on the variance therefore she has returned to asked for it again. Ms. Diver said reviewing the <br />minutes` of the meeting 2 years earlier there was no variance granted and she asked if she <br />understood that if the variance was granted the power lines would have to be moved. Ms. Tench <br />said the lines were run underground and the power company only needed to connect and power <br />the line.. Ms. Sergi said the property looked remarkably better than what it did two years earlier <br />and commended the owner on her improvements. Mrs. Turner asked if the owner's pole and <br />lines would be moved nearer to her yard. Ms. Tench said the poles would not be moved and the <br />lines are buried and the rear swing set will be removed from the yard. Ms. Sergi felt the property <br />could yield a reasonable return and property used without a variance. The variance looks to be <br />substaritial however due to the deck and garage sizes added to the request it is reasonable. <br />Without the rear deck there would be no access to the home and there is no pool made smaller <br />than what is being requested. Mrs. Diver noted what was referred to as the deck is a brick <br />structure with cement pad and is the homes only rear access point. Mr. Menser did not feel the <br />character of the neighborhood would be affected or governmental services impeded. Mrs. Diver <br />6
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