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f l. CITY OF NORTH OLMSTED "TOGETHER WE CAN MAKE A DIFFERENCE" BOARD OF ZONING APPEALS MINUTE5 SEPTEMBER 5, 2002 I. ROLL CALL: Chairman, Maloney called the meeting to order at 7:30 p.m. PRESENT: Chairman, Maloney, Board Members W. Kremzar, and T. . Kelly J. Konold and N. Sergi. ' ALSO PRESENT: Assistant LawDirector, B. O'1Vlalley, Building Commissioner T. Rymarczyk and Clerk of Commissions, D. Rote. II. 'REVIEW AND CORRECTION OF MINUTES: The Board of Zoning Appeals minutes of August 1, 2002 have been submitted for review. J. Konold motioned to approve August 1, 2002 minutes as submitted. W.. Kremzar seconded the motion, which was unanimously approved. Chairman 1Vlaloney reviewed that there were 13 cases requesting 22 variances and 1 special permit. The Chairman advised that each board member had viewed the premises involved for each case. Three votes are required for approval. In addition each case will be judged on the physical situation peculiar to itself, so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and like situations elsewhere. III. BUII..DING DEPARTMENT REQUESTS: ?). 7ack & Margaret Urban• 5105 Andrus Ave.: WRD - 4 Request for variance (1123.12). The proposal consists of a new detached garage. The following variances are requested: 1. An 8 foot variance for rear yard setback of accessory structure (code requires 10' applicant shows 2') section (1135.02 CZ). 2. A 3 foot variance for sideyard setback of accessory structure (code requires 5' applicant shows 2') section (1135.02 C2). _ 3. A 90 square foot variance for exceeding allowable square footage of an accessory structure (code permits 400-sq. ft. applicant shows 490-sq. ft.) secfion (1135.02 D2). Note: Existing shed in rear yard is 90 square feet. Which is in violation of Ord. 90-125 sections: (1135.02 C2, D2): Chairman Maloney called all interested parEies forward to review their request. Mr. Damico, with the Ga.rage Company and Mr. & Mrs. Urban, the owners came forward to be sworn in and address their request. Mr. Damico indicated that the lot was such that it would be hard to build a garage to code. Board members felt that the garage was to close to the property lines. Mr. Kremzar questioned how the gutters and garage would be maintained so close to the property line. Mr. Damico indicated that the garage would have gutters that will splash into the yard. Mr. Rymarczyk suggested that the applicants would need to review the drainage with the engineering department to make sure it is to code. Mr. Urban indicated that they have a letter indicating that they will remove the existing shed once the garage is built. Mr. Damico suggested that most of the neighbors who have put new garages in have the same problems as the Urbans. Mr. Maloney commented that with the garage only 2 feet from neighbors lot line the applicant would not have room to maintain the yard or garage if the neighbor put up a fence. Mr. Damico commented that this proposal is the best way to place the garage. Mr. Kelly voiced that he felt the garage size is too large for the lot. Mr. Maloney informed the boaxd members that the board could approve the request with the stipulation that the Engineering Department approves the drainage system for the garage. No further comments were made.