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04/02/2009 Minutes
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04/02/2009 Minutes
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N Olmsted Boards & Commissions
Year
2009
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
4/2/2009
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similarly. Mrs. Sergi felt the applicant was creating their own hardship as the garage could be <br />placed to code. Considering it's a new garage this is the tiine to Uring the garage into code. The <br />applicant has other options than seeking a variance; although the lot is narrow it can be done. <br />There are existing garages within the area which have slightly angled garages and there are no <br />obstacles involved which require the garage be placed 2 feet off the property line. There could <br />Ue maintenance issues created Uy placing the garage 2 feet from the property line including <br />maintaining the garage, garage overhang and drainage. Mrs. Bellido said she was not sure if <br />moving the garage was beneficial or not as the fonner garage was constructed under old codes. <br />Mrs. Diver felt that the property could continue to yield a reasonable return without a variance. <br />Although it does not appear to be a substantial variance, maintenance of the yard and garage <br />itself would be an issue so close to the property line. Governmental services would not be <br />affected and it is understood that all property owners have lcnowledge of the zoning codes. The <br />owner's predicament can be precluded through other means than a variance. She did not feel the <br />spirit and intent of the code would be upheld granting the variance. Furthermore noting other <br />properties within the neighborhood is irrelevant to the applicant's request. <br />1VIrs. Sergi moved, seconded by Ms. Rudolph, to grant Ms. Hazelton-Foster of 24336 Elm <br />12o7d a 3-foot variance for a detached garage too close to the side lot line; code requires 5 <br />ft, applicant shows 2 ft, which is in violation of section 1135.02 (C)(2). Roll call: Diver, <br />Sergi, Bellido-no, Rudolph-yes; motiou denied 1-3. <br />Robei•t Thomas; 26650 Butternut Ridge Road <br />Request for variance (1123.12). The proposal consists of a new detached garage. <br />A 474 square foot variance for a detached garage larger than allowed; code permits 750 sq ft, <br />applicant shows 1224 sq ft, which is in violation of section 1135.02 (C)(3). Note: Applicant <br />must obtain a Certificate of Appropriateness from the Landmarlcs Commission. <br />Mr. Thoinas was sworn in and reviewed an aerial photo of his hoine's location. His home is set <br />baclc 850 feet fioin Butternut Ridge Road. The home faces north as it originally supposed to <br />fi•ont Kennedy Ridge Road. The nearest home is about 180 feet south, other homes are at the top <br />of the drive along Butternut. Two apartment complexes are behind his home which lends itself <br />to cut through traffic. He has had things stolen and vandalized in his yard which is why he is <br />requesting the variance for such a large garage. His mother lives with hiin and he wants to make <br />sure all tlu•ee vehicles can be secured. The garage layout showed vehicle placement and yard <br />equipment storage. The existing garage is 20' x 20' with a 6 foot opening which is not tall <br />enough for a van. The garage will face Butternut Ridge Road and have two doors. He noted that <br />inost neighbors don't even lcnow his home is within their neighborhood. <br />Mi•. Mitchell said that the size of the lot could accommodate the large garage and existing shed <br />without exceeding the 20% lot coverage. The Building Department had no objections to the <br />request. Mrs. Bellido questioned if the existing shed would be removed once the garage is <br />coinpleted. Mr. Thoinas said yes, once the garage is completed the shed would be reinoved and <br />the yard fenced to detour foot traffic. Mr. O'Malley reviewed the board's jurisdiction compared <br />ro Landmarlcs Commission review process. He said it was not mandatory for the board to <br />condition their approval upon Landmarks approval as each approval is separate from the other.
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