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BOARD OF ZONING APPEALS CITY OF NORTH OLMSTED MINUTES OF DECEMBER 1, 2011 ROLL CALL Ms. Sergi called the meeting to order at 7:30 p.m. in Council Chambers. Present: Nancy Sergi, Maureen Diver, Laura Bellido, Jennifer Rudolph, Alfredo Lopez Staff: Law Director Michael Gareau Jr., Building Commissioner Dale Mitchell, Clerlc of Commissions Donna Rote REVIEW ANI2 CORRECTION OF MINUTES Ms. Rudolph moved, seconded by Ms. Bellido, to approve the amended minutes of November 3, 2011 which passed 5-0. RESIDENTIAL APPEALS AND REQUESTS Kerry & Star McFarland; 31407 Bradley Road Proposal consists of an addition to existing home and the following variance is requested: A variance for expanding a non-conforming use; code allows continuation of a non-conforming use so long as the use is not extended or expanded onio other parts of the lot, applicant shows a home addition, Section 1165.04(a). Note: Current use is single family residence which is not permitted in a Limited Industry District. Mr. McFarland and Mr. Margulies, the architect, were sworn in. Mr. McFarland said he'd owned the family home since 2000. His sister and her son lived in the home until July 2011. The existing house is a two bedroom, single bath, 916 square foot home. Due to the current economy he would like to remodel the home to accommodate his business and family. Mr. Margulies said the addition is across the back of the existing home so the front elevation would have minimal changes. Mr. Mitchell said due to the limited industry zoning, adding to the home is prohibited. He did not believe that the home should be expanded. Mr. McFarland said his business has been broken into and there is no onsite use as the home is too small to use as a home or office. The surrounding area is residential homes which are used both as a residence and business so what he proposes would fit the character of the neighborhood. Ms. Rudolph asked if the rear fence would remain and if he and his wife would reside within the home and Mr. McFarland said yes, he would like to live and run his business from the home. Ms. Rudolph said in visiting the site the area clearly appears residential and asked when the area was rezoned to limited industry. It appears that the city took a populated residential area, rezoned it in the hopes that it would redevelop into limited industry which hasn't occurred. Mr. Gareau believed that the rezoning took place before 1996. The house clearly predates the code and it is a question of allowing the non-conforming use to be expanded or not. Ms. Rudolph said when the site was rezoned the residents didn't have a say. Ms. Diver questioned zoning of the surrounding area. Mr. Margulies said that the area across the street was rezoned residential/office which is why the area