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the previous roo£ Mr. Konanec said it was the same size but not the same materials being used as the new roof would be a sturdier permanent structure. Mrs. Diver said a special permit can only being granted if the standards are met under section 1165.02 and read them aloud. Mr. Konanec did not feel that the patio roof would violate any of the conditions under 1165.02. Mr. Groden was present to offer his support for his neighbor and felt that replacing the roof was caused by an act of God therefore the application fee should have been waived and the fee paid should be refunded to Mr. Buckley as he had no control over the matter. Mr. Conway explained that the application fee is for the legal notifications which are plotted and mailed to abutting owners therefore the fee is non-refundable. When the subdivision was developed in the 60's there was a blanket 10 foot rear yard variance granted for the back of all the homes. If any homeowner wanted to do anything along the rear of their home it requires a special permit and variances. The roof that is going to be installed is a permanent fixture on the home and he wanted the board to understand that once the roof is granted any owner now or in the future can enclose the space. Mr. O'Malley reviewed the codes as they relate to existing non-conforming homes and the fact that the new codes require that if the old structure is updated, damaged or has to be replaced then the new construction must meet current zoning codes which in some cases is unachievable due to existing circumstances. Ms. Rudolph did not feel the public peace, health, safety, morals, welfare or convenience would be jeopardized or adversely affected. The use would not adversely create or jeopardize neighboring property. A gable roof is more technologically sound than a tin roof so she has no objections to the request. All board members voiced that they had no objections to the request to replace a tin roof with a gable roof. Mrs. Sergi moved seconded by Mr. Menser, to grant Gerald & Judith Buckley of 25187 Chase Drive a special permit to add to a non-conforming house/building (1165.02). The existing dwelling only has a 38 foot rear yard setback which was unanimously approved 5-0. Mr. O'Malley requested that the board add section 1165.02 to the request as it is the section of the code which relates to permitting the continued use of non-conforming buildings. Mrs. Bellido felt that the roof was needed and had no objections to the work. Mrs. Sergi did not feel the roof would adversely affect the neighborhood but would be a positive improvement to not only the owners home but to the abutting neighbors as well. The size of the roof is not substantial considering the existing conditions of the neighborhood. All board members voiced their agreement. Mrs. Sergi moved seconded by Mr.1VIenser, to grant Gerald & Judith Buckley of 25187 Chase Drive a 24 foot rear yard setback variance for a residence too close to rear property line, code requires 50' applflcant shows 26' which as in violation of sections 1135.08 (a) and 1165.02 which was unanimously approved 5-0. NO1oT-RESIDE1o1TIAL APPEALS AND REQUESTS: Kaulan's Furniture; 24869 Lorain Road (Ward # 4) Request for variance (1123.12). The proposal consists of new signs. The following variance is requested: 1. A variance for 1 additional wall sign on a building, code permits 1, applicant shows 2, section 1163.27 A. 2. A variance for an electronically changeable script ground sign (flashing), code does not allow applicant shows flashing electronic sign, section 1163.23. 4