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Chairman Maloney called all interested parties forward to review their request. Mr. Mayle and Ms. Christina Tober owners each came forward to be sworn in and address the request. Mr. Mayle indicated that he would like to replace the existing shed, which is dilapidated. The variance is required because they would like to place the shed just inside the property line. If the shed is placed to current code, the shed will end up in the middle of the backyard. The new shed would also be placed closer to the fenced area near the swing set. Mr. Maloney asked why the shed could not be moved inward to allow space to maintain the shed. Ms. Tober indicated that they would like to place a pool in the backyard later and they will need the room. Mr. Kremzar questioned if there were any easements along the back property line. Ms. Tober suggested that there were easements along the driveway only. Mr. Mayle indicated that the land abuts the wastewater pumping station and they spoke to Mr. Binggeli who did not have a problem with were they want to place the shed. He indicated that they would be willing to move the shed inward 2-feet. Mr. Kelly questioned why they needed such a large shed. Mr. Mayle indicated that they need the room for their children's toys and his ladders that he uses for work. W. Kremzar motions to grant Ronald Mayle of 3827 Dover Center Road his request for variance (1123.12), which consists of a new 16' x 12' shed and that the following variances are granted as amended: A special permit to add to a non-conforming building (1165.02). 1. A 7 foot variance for rear yard setback, (code requires 101, applicant shows 3'), section (1135.02 (D) 2). 2. A 101 square variance for size of shed, (code permits 91 sq. ft, applicant shows 192 sq. ft.). section (1135.02 (D) 1). Which is in violation of Ord. 90-125 section (1135.02 (D) 1) and (1135.02 (D) 2). T. Kelly seconded the motion, which was unanimously approved. Variances Granted. 4). Cingular Wireless (CED Power Tower; 31133 Lorain Road: WRD 3 Request for variance (1123.12). The proposal consists of a wireless communication tower located on a CEI pole. The following variance are requested: 1. A 67 foot variance for front yard setback, (code requires 75', applicant shows 8'), section (113 9.07). 2. A variance for not having an irrigation system, (code requires the system, applicant shows "None"), section (1139.14). 3. A 2571 foot variance for being within 1/2 mile of another tower, (code requires 2640', applicant shows 49'), section (1151.05 (A)). Which is in violation of Ord. 90-125 sections (1139.07), (1139.14), and (1151.05 (A)). Chairman Maloney called all interested parties forward to review their request. Mr. Satarawala the representative for Cingular came forward to be sworn in and address the request. Mr. Satarawala thanked the board members for hearing their request and reviewed that when they first made application the tower was slated to be placed at the intersection of I-480 and Sterns Road. However, due to the large number of objection from the residents they felt it best to find a new location. The land the CEI tower is located on is zoned general retail and owned by CEI. The reason they can not co-locate is there are height restrictions form FCC and CEI has restrictions as to how close the antennas can be placed to their electrical lines. Other substations surround the CEI tower that will house the antenna so it will not adversely affect abutting residents. There will be a shadowbox fence around the maintenance structure. The applicant showed a picture of what the tower will look like once the tower is put in place. Mr. Conway indicated that the applicant and his company have been very cooperative with the city. They had every legal right to place their antenna at Sterns and I-480 and required no variances. However, 4