06/07/2007 Minutes - Laserfiche WebLink

Home Browse Search

CITY OF NORTI3 OLMSTED BOARD OF ZONING APPEALS HELD IN COUNCIL CHAMBE1tS JUNE 7, 2007 MINUTES ROLL CALL: The meeting was called to order at 7:35 pm PRESENT: Members; M. Diver, N. Sergi, T. Kelly and R. Menser. AI,50 PRESENT: Assistant Law Director B. O'Malley, Building Commissioner D. Conway, and Clerk of Commissions D. Rote. Chaii7nan Diver reviewed that there were 3 cases requesting 10 area variances. She further advised that each board member had viewed the premises involved for each case. Three votes are required for approval and in addition, each case would be judged on the physical situation peculiar to itself, so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and like situations elsewhere. Mrs. Diver welcomed newly recommended member Angela Williamson to the meeting and read aloud the 7 standards the board uses when addressing each case and asked all applicants to address the factors when presenting their case. II. RESIDENTIAL AFPEALS AND REQUESTS: 1. Matt Roach; 29611 Bretton Ridjle Road: (WRD # 3) Request for variance (1123.12). The proposal consists of a new shed. The following variances are requested: 1. A 24 square foot variance for a shed larger than code allows, (code permits 120 sq ft, applicant shows 144 sq ft). 2. A 2 foot variance for a shed higher than code allows, (code permits 9', applicant shows 11'). Which is in violation of Ord. 90-125 section (1135.02 (D1)). Mr. Roach the owner came forward to be sworn in and address the request. Mr. Roach said he would like a small variance for the size and height of the shed. The garage is not large enough to store his lawn furniture and yard tools. The requested height is to have a small loft to store patio furniture through the winter. Mr. Kelly questioned the actual height of the proposed shed as the application states 12 foot but the variance is for an 11 foot height. Mr. Roach reviewed that the inspector clarified how to properly measure and calculate the height. Mrs. Sergi voiced that the property could yield a reasonable return without variances. Mr. Menser didn't think the variances were substantial. Mrs. Sergi questioned what abutted the applicant's rear property. Mr. Roach reviewed that behind his property is a cul-de-sac and includes about 20 feet of woods. Mrs. Sergi did not feel the character of the neighborhood would be altered nor would the shed be a detriment to the neighbors. No governmental services would be affected by the shed. It is presumed that all buyers have lcnowledge of the zoning restrictions. The shed can be constructed without variances. She questioned why the shed would not be built to code. Mr. Roach said the size of the shed was to give him more space. Mrs. Sergi did not believe the spirit and intent of the code would be observed if the variances were granted. Although the variances requested are not offensive or harmful to neighbors the board is present to uphold City Codes. Mr. Kelly believed that the 10' x 12' x 9' (120 sq ft) shed allowed by code was sufficient for the size of the lot. Mr. Menser believed that the spirit and intent of the code would be served granting the variance. Mrs. Sergi believed that the recently updated codes governing shed sizes should be upheld. N. Sergi moved to grant Matt Roach of 29611 Bretton Ridge Road his request for variance (1123.12), which consists of a new shed and the following variances are granted: 1