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02/04/1999 Minutes
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02/04/1999 Minutes
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N Olmsted Boards & Commissions
Year
1999
Board Name
Board of Zoning Appeals
Document Name
Minutes
Date
2/4/1999
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side, setbacks, what ever and each time we tell you we don't want to see you coming back for the same <br />things. Here you are again returning Mr. Gomersall suggested Latina & Latina just doesn't care about <br />following the rules and regulations of the code or they are trying to squeeze to much home onto these lots. <br />He furtller reviewed that the houses are to big for the lots, which has been indicated to you before by this <br />board, and now your getting into all sorts of problems. Mr. Balsamo indicated the home on lot 32 is not <br />one of their models that were designed for these lots, it was a custom home and we had to move the house <br />back 6'feet in order to make it fit on the lot. The engineer moved the house on sub lot 32 too the left so <br />the driveway would not be so severe. Therefore sub lot 33 were the variance is needed doesn't have <br />enough room, so we are asking for the additional 2'foot variance. Mr. Balsamo suggested the board was <br />penalizing the buyers of sub lot 33, because sub lot 32 was built first. Mr. Gomersall suggested he <br />understood the developer has a problem, but it is their problem, and the Commission is not here to tell you <br />how to solve it. Mr. Balsamo again reviewed because the home on lot 32 was moved the'proposed home <br />on lot 33 would need a variance, and reviewed the plans with the Chairman and Building Commissioner <br />Conway. Mr. Conway indicated he understood that the home on lot 32 was moved to accommodate a <br />sti-aighter driveway, but it didn't have to be moved and therefore sub lot 32 is not germane to the variance <br />being requested for sub lot 33. Mr. Gomersall suggested he agreed with Mr. Conway and indicated they <br />needed to come up with another solution for the house that they are about to build. It is not acceptable to <br />have the house on lot 33 so close to the house on lot 32. Mr. Konold asked how close the house on sub lot <br />33 would be to the house on lot 32. Mr. Balsamo indicated it would be 13'feet opposed to the required <br />15'feet. The house being built on lot 33 is a model home desigved to fit on any lot and now if the <br />variance is not granted none of the houses designed for these lots can be built on lot 33, which were all <br />approved by Council and this Commission. Mr. Gomersall indicated, neiflier Council nor Planning <br />Commission told you to build in the wrong spot. Mss. Latina suggested she took offezlse to the comments <br />that they have jammed the homes in place. She believes her company has done a fine job in the <br />community, as fare as delivering a product to the buyers with sensitivity of how they are being placed. <br />Mss Latina believes they took into cousideration die home owner of sub lot 32 when they moved the <br />home, it was not a mistake, it was trying to give the home owner the benefit of not having the severity in <br />the driveway. The severity was a problem on sub lot 30 and they moved that home for the owner as well. <br />It is because the way the cold-a-sac is set up, it is narrow in the front and wide in the back. This home is <br />taking the effect of what has been placed along the way, this is a standard model. Are they expected to <br />put a home of lesser value in, which would be less then any other home in the cold-a-sac. They would not <br />have come here if they didn't have a problem. Mr. Gomersall indicated Latina & Latina have been before - <br />the Plamiing Commission four other times, which created this problem. There comes a time when you <br />have to say enough is enough. Mss. Latina suggested they wanted things to work out for the owners of <br />the homes so they could be good neighbors. Mr. Wright from sub lot 32 suggested he had been looking <br />the problem over. He had not met the new neighbors nor were they ever made aware of the problem until <br />December 4, 1998, which at that time he requested Mss. Latuia take him to the site. Mss. Latina told <br />them she could not do that. Mr. Wright suggested he and his wife went to the site on their own and after <br />looking it over decided they prefer the home on lot 33 not be that close. The house that they are moving <br />from measured 22'feet between homes, and they are upgrading to a newer more expensive home. Now <br />they find out the developer wants to place the homes closer, and they had to pay extra as the lot is a <br />premium lot. Mr. Wright would like to offer a solution to the problem. He indicated he had a meeting <br />with Mr. Latina, and Mss. Latina last night and asked them who's fault it was that the homes were so <br />close together, Mss. Latina indicated it was their engineers fault. Mr. Wright indicated the lot he <br />purchased is a premium lot and expected it to comply with the codes of the City. His solution is to move <br />the home 2'feet to the east or build a home that fits on the lot. Mr. Gomersall asked what response was <br />given to him regarding his question of moving 2'feet to the east or building a home that fits the lot at last <br />nights meetulg, as it was never brougllt up at touight's meeting, and it is up to the owner of the lot to bring <br />it up. Mr. Gomersall suggested the new solution would also require a variance. Mrs. Wright indicated <br />she would not be happy unless the home was moved 2'feet to the east. Mr. Latina suggested that was <br />another subdivision. Mr. Hillman suggested having a variance on lot 33 would set a precedence for other <br />homes being built. Councilman Michael Gareau Jr. indicated when he saw the current case on the agenda <br />for tonight's meeting, he reviewed the muiutes of prior meetings in which Latina & Latina had requested <br />9
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