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BOARD OF ZONING APPEAL.S CITY OF NOR'I'H OLMSTED MINUTES OF FEBRUARY 05, 2009 ROLL CALL Mrs. Diver called the meeting to order at 7:30 pm in Council Chainbers. Present: Maureen Diver, Nancy Sergi, Laura Bellido, Jennifer Rudolph Staff: Assistant Law Director Bryan O'Malley, Assistant Building Commissioner Dale Mitchell, Clerlc of Commissions Donna Rote Prior to roll call Mayor O'Grady administered the oath of office to Board of Zoning Appeals member Maureen Diver who would be seiving her second term. REVIEW AND CORREC'TIOlv OF MINUTES Ms. Ruclolph moved, seconded by Mrs. Bellido, to approve the January 8, 2009 Board of Zoning Appeals minutes which were unanimously, approved 4-0. NON-RESIDENTIAL APPEALS AND REQUESTS: CMS09-02: Lot Split of PPN 237-25-008 at 23865 Mastick Road: Request for variance (1123.12), proposal consists of a lot split which requires a 51.65 foot variance for lot width of parcel "B", code requires 80 ft, applicant shows 28.35 ft, which is in violation of Ord. 90-125 section 1135.05. Note: Parcel "A" will have a non-conforming building as a result of the lot split. Ms. Drossis, & Mr. Montegani the owners and the following neighbors Mr. Weideman, Mr. Leinp, Mr. Fatsie, Ms. Tyrone and Ms. Bratton each came forward to be sworn in and address the request. Ms. Drossis said the driveway was a preexisting driveway which is now part of a lot split request. Parcel B will have ingress/egress on Mastick Road and Parcel A will have ingress/egresses on Parlc Lane. Mr. Montegani said that he and Ms. Drossis are Co owners of the parcel in question and they are dividing the parcel into two, with Parcel A being titled to him and parcel B being titled to Ms. Drossis. Mrs. Diver aslced if parcel B was vacant land and Ms. Drossis said it was vacant and would remain vacant after the lot split. Ms. Rudolph asked if parcel B could Ue accessed through the Parlc Lane entrance or any other access point. Ms. Drossis said there are cross access easements on parcel B for the existing drive on parce1237-25- 007 which she also owns. Mr. Montegani said parcel A's only access is the existing Parlc Lane driveway. Mr. Bratton said parce1237-25-022 listed on the plat shows Robert Early as the owner but he and his wife, own the parcel. Mrs. Diver aslced why the parcel was being split. Mr. Montegani said that although he will be taking title to part of parcel 237-25-008 (parcel A) he does not want the large vacant area fronting on Masticlc Road (parcel B) as an acre is too much for him to maintain. The dividing line of the parcels is along the existing line of bushes. Mr. Weideman aslced if parcel B already had a variance as he didn't thinlc parcel B required a variance and questioned if the existing Masticlc driveway used by parcels 237-25-006, 237-25- 009 and 237-25-007 for ingress/egress was owned by parcel 237-25-008 and that is why a variance was needed. He inquired if parcel B owner could lceep parcels 237-25-006, 237-25-009 and 237-25-022 from using the existing driveway once the parcel is created. A small section of Parcel A once belonged to parcel 237-25-018 but the previous owner sold the small section of