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08/06/1998 Minutes
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08/06/1998 Minutes
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N Olmsted Boards & Commissions
Year
1998
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
8/6/1998
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<br />that once the property is put into Ms. Larsons name we would like to buy the property. We are here <br />tonight to find out before we buy the properiy if the garage will remain or not. Ms. Larson indicated <br />that in her divorce papers once the house was removed the land was to be put in her name. As of <br />this date my X, Mr. Wells has not put the property in my name. Mr. Formeman stated if the garage <br />is allowed to stay we are going to put up a fence, and do landscaping to make it look good. Mr. <br />Gomersall suggested tliis property has not really been maintained by all the records we have seen, it <br />has looked very trashy until just last week. Mr. Koberna asked if there were any provisions in the <br />divorce documents that states a date in which the property has to be placed in your name. Ms. <br />Larson refened to her divorce papers which stated the property is to be put in her name once the <br />house is removed. Mr. Gomersall asked when was the house removed. Ms. Lasrson thought it was <br />the last week of June. The following residents expressed concems Mr. & Mrs. Dorouy, Mrs. <br />Cooney, Ms. I.ally, and Mr. Lieb. Their concerns were as follows: The property has been a mess for <br />eight years. It is against code to have a garage on a property without a house. We don't want to <br />look at any type of fence. If the land was going to be developed, such as putting a house on the <br />property then we could see keeping the garage. It has been an eye sore for some time now. Mr. <br />Wells indicated the reason Ms. Larson has not received the land in her name is that I have until <br />September 1, 1998 to remove my tlungs from the garage. As I have not had access to the garage to <br />remove my things they are still there. Mr. Wells expressed concems over Mr. & Mrs. Foremans <br />property, and Mr. Kobema stated we are not here to discuss that property so you must stick to <br />speaking in regards to your lot. Mr. & Mrs. Foreman indicated we don't have a problem if the <br />garage has to come down, but we would like to laiow tonight one way or the other so we don't pay <br />for a garage that has to come down. Mr. Koberna suggested as it stands right now we should keep <br />with the intent of the law, and tlie garage should come down. <br />J. Maloney moved to grant, Pauline J. Larson (Wells) 5955 Burns Road, Representative; Gairy <br />Foreman, 5971 Burns Road): Their request for variance (1123.12). Request variance to maintain an <br />accessory use building on a property that does not contain a dwelling. Violation of Ord. 90-125, <br />Section 1135.02. Accessory use buildings are not peimitted prior to the construction of the dwelling. <br />The motion was seconded by T. Koberna, and unaninaously denied. Variance Denied. <br />6. Larry Chung 4034 Canterbury Road <br />Request for variance (1123.12). Request the following variances: 1) A 19 foot variance to have a <br />6 foot fence that intrudes into the setback on a corner lot (1135.02 f-2); and 2) A 19 foot, 4 inch <br />variance for a shed that has been built in a side yard of a corner lot (1135.02 d-1 & d-5). <br />Violation of Ord. 90-125, Section(s) 1135.02 (f-2) and 1135.02 (d-1 & d-5). <br />Chairman Gomersall called all interested parties before the board. The oath was admiuisrtered to Mr. <br />& Mrs. Chung. Mr. Gomersall reviewed the variances being asked for. Mrs. Chung indicated when <br />we purchased the house in 1993 there was a fence and shed on the property. Mr. Gomersall asked if <br />either the shed or fence was moved. Mrs. Chung suggested the fence has been moved out some and <br />the shed builders slightly moved the shed over. Heartland put up the shed, and we thought that they <br />would be taking care of the permit to build it. We put up the fence not knowing that we would need <br />a permit. Mr. Chung indicated we have had a lot of work done on the properiy. We had concrete <br />work done, and when the inspector came out a permit was put on the shed and we thought that was <br />the O.K to leave it there and poor the concrete. Mr. Gomersall informed Mr. & Mrs. Chung that <br />the inspector for the concrete work is different from the fence inceptor, as well as the shed inspector. <br />Mrs. Chung suggested she had spoken to her abutting neighbors and they were in favor of what they <br />were doing, and didn't know why they were even contacted regarding their variances. Mr. Chung <br />reminded the board that if Heartland would've gotten the proper permit, and the shed had been <br />inspected before the concrete was pored we could've had things moved to make sure it was within <br />code. Mr. Maloney indicated we have all been put into a very awkward situation. We have worked <br />hard to stick to the City Codes. We could have you remove the shed Mr. Gomersall indicated. the
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