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?. CI'I'Y OF NORTH OLMSTED "TOGETHER WE CAN 1VIAKE A DIFFERENCE" BOAItI2 OF ZONING APPEALS MINUTES - SEPTEMBER 4, 2003 7:30 P.M. COUNCIL CHAMBERS I. ROLL CALL: Chairman Maloney called the meeting to order at 7:30 p.m. PRESENT: Chairman J. Maloney, J. Konold, N. Sergi, W. Kremzar, and T. Kelly ALSO PRESENT: Assistant Building Commissioner T. Rymarczyk, Assistant Law Director B. O'Malley, and Assistant Clerk of Commissions A. Kilbane II. REVIEW AND CORRECTION OF NIlNUTES: The Board of Zoning Appeals minutes dated August 7, 2003 have been submitted for approval. J. Konold made a motion to approve the minutes as submitted. The motion was seconded by W. Kremzar 1nd unanimously approved. Chairman Maloney indicated there are 7 cases requesting 19 variances and 2 special permits. He added that request # 7, Westfield, has been ainended. The Chairman advised that the board members have 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_,D1NG DEPARTMENT REQUESTS: Crai2 Brabander, 6688 Cvpress Di•ive, WRD 3 Request for variance (1123.12). The proposal consists of a pool deck addition. The following variance is requested: 1. A 120 square foot variance for 20% rear yard area usage (code permits 912 sq. ft., applicant shows 1032 sq. ft.). Which is in violation of Ord. 90-125 section (1135.02 (d)(2)). Chairman Maloney called all interested parties forward to be sworn in. No one came forward. Mr. Maloney announced that if a representative comes in late, the proposal will follow the last case on the agenda. 2. Dominic Le2arth, 24170 Beech Lane, WRD 2 Request for variance (1123.12). The proposal consists of an addition to house. The following variances are requested: A special permit to add to a non-conforming building (1165.02). 1. A 6 foot variance for side yard requirements (minimum widths) (code requires 15 ft., applicant show 9 ft.), section (1135.07 (a)). 2. A 1 foot variance for side yard (code requires 5 ft., applicant shows 4 ft.), section (1135.07 (a)). 3. A 6 foot variance for distance between adjacent dwellings (code requires 15 ft., applicant shows 9 ft.), section (1137.07 (a)). Which is in violation of Ord. 90-125 sections (1135.07 (a)), (1137.07 (a)), and (1165.02). NOTE: Due to a Builcling Department error, a permit was issued Chairman Maloney called all interested parties forward to be sworn in and review the request. Mr. and Mrs. Legarth, along with neighbors Ms. Connelly and Mr. Yaeger, came forward to address the board. Mr. Legarth indicated he applied for a permit on August 7u', and he was issued a permit on the 18t". He said the following week they proceeded to start building. He said two or three weeks later, he received a call to stop construction because there was a complaint on the addition. He said they then stopped work on it. He was