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12/01/2011 Minutes
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12/01/2011 Minutes
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N Olmsted Boards & Commissions
Year
2011
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
12/1/2011
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make quite a bit of noise while unloading and moving things out of the truck to the garage. <br />Commercial deliveries are being made to the home throughout the week. He aslced if one ton <br />trucks were allowed to travel on Dover Center and Butternut Ridge Roads. <br />Ms. Sergi requested the applicant clarify if they live in the home. Ms. Cuiffo said the home is <br />rented to a young couple with small children. If allowed to keep the truck onsite they will plug <br />the truck into an outlet and only move things in the morning hours. The deliveries that are made <br />at the home are done so by vans only and the concession business which is seasonal allows them <br />to afford their home and have the rental property without it they could not afford both. Ms. <br />Spisak said the renters have small children and with the deliveries and the box-style truck <br />coming and going places the children in danger. There have been arguments after midnight with <br />tenants over parking and late night loading and noise created by the landlord. The season runs <br />from spring to fall when windows are left open for all to hear. The freezers are cleaned and left <br />unattended in the driveway open which in itself is hazardous to the neighborhood children and <br />food is being stored in the garage which attracts rodents. Mr. Schumann questioned how the <br />applicant could seelc the variance to have or run a business at the home which they do not reside <br />in. There are a lot of vacant homes within North Olmsted and the city needs to be mindful to <br />protect the residential character of those areas. Ms. Cuiffo said the business is not run out of the <br />garage it is used as storage and parking only. The business is only from the first week of June to <br />second week of September. If any neighbor has issues with noise they should let them know and <br />they would address it. Mr. Spisak read chapters 1363.07 and 1161.07 pertaining to storage of <br />industrial or commercial equipment and material waste for commercial use being prohibited <br />under residential zoning and parlcing commercial vehicles on residential property. <br />Mr. Mitchell said they received complaints from neighbors pertaining to storage of propane tanks <br />and the fire marshal rendered an opinion that as long as the tanks were secured and kept in the <br />garage there was no violation. At the tiine of the inspection there were no freezers within the <br />garage. The commercial truck changes the character of the neighborhood. The building <br />department recommends the truclc be removed form the site. Mr. Gareau advised the members to <br />limit their review to the truck and variances as written. Ms. Ciuffo noted that all neighbors that <br />received notice of the hearing signed off on a statement that they had no objections to the truclc <br />being parked in the driveway other than the Spisaks. Ms. Rudolph questioned if the photos taken <br />by Mr. Spisak was taken from his yard and he said yes his rear yard extends past the applicant's <br />lot. Mr. Lopez recalled a similar case where a resident kept his work truck at home and Mr. <br />Mitchell noted that the owner lived in the home. <br />Mr. Lopez said keeping just to the issue of the truck being parked in the driveway does change <br />the character of the neighborhood. If the city starts allowing commercial vehicles in residential <br />driveways the residential character will be lost as will the value of the homes. Ms. Diver said the <br />owner pointed out that they couldn't get away with what they are doing at this site at their home. <br />Such a use at this residence is not only placing a burden on the renters but the neighbors as well. <br />Mr. Lopez said the comment pertaining to the safety of late drop offs is unfounded as they don't <br />live at the site they're already conducting late drop offs. Ms. Rudolph said the applicant from <br />the time of purchasing the home intended to rent the home and use the drive and garage as a <br />commercial storage site. The vehicle changes the character of the neighborhood and to imply
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