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BOARD OF ZONING APPEAI.S CITY OF NORTH OLMSTED MEETING MINUTES OF APRIL 2, 2009 ROLL CALL Mrs. Diver called the meeting to order at 7:35 pin in Council Chambers. Present: Maureen Diver, Nancy Sergi, Laura Bellido, Jennifer Rudolph Staff: Assistant Law Director Bryan O'Malley, Assistant Building Commissioner Dale Mitchell, Clerk of Commissions Donna Rote REVIEW AND CORRECTION OF MINUTES 1VIs. Rudolph moved, seconcled by Mrs. Sergi, to approve the March 5, 2009 Board of Zouing ESppeals minutes, which were unanianously approved 4-0. RESIDEleTTIAL APPEALS AND REQUES'd'S William & Kathleen Carlin; 4450 Porter Road Request for variance (1123.12). The proposal consists of a detached garage. The following variances are requested: 1. A 554 square foot variance for the size of detached garage in combination with a 440 sq ft attached garage (see notes); code pennits 750 sq ft, applicant shows 1304 sq ft, which is in violation of section 1135.02 (C)(3). 2. A 6 inch variance for a detached garage higher than allowed; code permits 15 ft, applicant shows 15' 6", which is in violation of section 1135.02 (C)(2). Note: 1. A similar variance was granted 10/1/1998 and existing garage was destroyed by snow. 2. Existing attached garage is 440 sq ft and proposed new detached garage is 854 sq ft. Mr. Carlin was sworn in. He said the variances were needed to replace the damaged garage. The new garage will be 24' x 36' and includes a loft to house his collectables which adds the height variance. The damaged garage was granted a variance in 1998 and the existing slab will be reused. Mrs. Sergi asked if the height variance could be eliminated. Mr. Carlin said the loft would be a 10 foot area so the peelc of the loft could not be changed. Mr. Mitchell said the size of the replacement garage was not unreasonable as it was previously granted a variance and noted that it would not exceed the 20% lot coverage. He then explained how the height of a garage is determined and how it would be affected if lowered. Mrs. Sergi asked if the existing attached garage was converted into living space would the detached garage still require a variance. Mr. Mitchell said the detached garage would still require a variance. Mrs. Sergi felt the property could continue to yield a reasonable retui-n; although the size was large, it's replacing an existing damaged garage. Neither the character of the neighborhood nor neighboring properties would be adversely affected. Governmental services would not be altered and it is assumed that all property owners have lcnowledge of zoning laws when purchasing their homes. She believed that granting the variance would uphold the spirit and intent of the zoning code. Each board member agreed that the size of the yard could accommodate the garage.