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, - 0 <br />CITY OF NORTH OLMSTED <br />"TOGETHER WE CAN MAKE A DIFFERENCE" <br />BOARD OF ZONING APPEALS <br />MINUTES <br />OCTOBER 2, 2003 <br />1. ROLL CALL: <br />Chairman Maloney called the meeting to order at 7:35 p.m. <br />PRESENT: Chairman J. Maloney and Board members; N. Sergi, W. Kremzar, T. Kelly and J. Konold <br />ALSO PRESENT: Assistant Law Director B. O'Malley, Assistant Building Commissioner T. <br />Rymarczyk, and Clerk of Commissions D. Rote. <br />Chairman Maloney reviewed that there were four cases requesting five variances and one special <br />permit. The Chairman advised that the board members have viewed the premises involved for each <br />case. Three votes are required for approval. In addition each case will be judged on the physical <br />situation peculiar to itself, so that in no way is a judgment rendered considered to be a general policy <br />judgment affecting properties and like situations elsewhere. Chairman Maloney announced that at <br />the request of the applicant case #(4), Berg Carwash would be tabled until the November meeting. <br />II. REVIEW AND CORRECTION OF MINUTES: <br />The Board of Zoning Appeals minutes dated September 4, 2003 have been submitted for approval. <br />W. Kremzar motion to approve the September 4, 2003 Board of Zoning Appeals minutes as <br />written. J. Konold seconded the motion, which was unanimously approved. <br />III. BUII.,DING DEPARTMENT REQUESTS: <br />Kenneth & Chervl McCarthv; 4752 Bailev Road: <br />Request for variance (1132.12). Proposal consists of a pool deck <br />The following variance is requested: <br />1. A 3.5 foot variance for pool deck being to close to rear yard property line, (code requires 10', <br />applicant shows 6.5'). <br />Which is in violation of Ord. 90-125 section (1135.02 (D) (4). <br />Chairman Maloney called all interested parties forward to review their request. Mr. McCarthy came <br />forward to be sworn in and address the request. Mr. McCarthy indicated that a pool was placed <br />behind the garage due to the electrical lines and they would like to have a deck to enjoy the pool and <br />protect the children better. He is 3'/z feet short from meeting code. The deck will give privacy to the <br />area and enclose the pool. <br />Jack Konold motion to approve Kenneth & Cheryl McCarthy of 4752 Bailey Road their request <br />for variance (1132.12), which consists of a pool deck, and that the following variance is granted: <br />1. A 3.5 foot variance for pool deck being to close to rear yard property line, (code requires 10', <br />applicant shows 6.5'). Which is in violation of Ord. 90-125 section (1135.02 (D) (4). <br />W. Kremzar seconded the motion, which was unanimously approved. Variance granted. <br />2. Tom Smeal; 24440 South Oxford Oval: <br />Request for variance (1132.12). Proposal consists of a porch addition. <br />The following variance is requested: <br />A special permit to add to a non-conforming building, section (1165.02). <br />1. A 3 foot variance for sideyard setback requirements, (code requires 25', applicant shows 22) <br />Which is in violation of Ord. 90-125 section (1135.06 (B)).