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CITY OF NORTH OLMSTED BOARD OF ZONING APPEALS DECEMBER 2, 2004 MINTJTES I. ROLL CALL: Chairman Maloney called the meeting to order at 7:35 pm. PRESENT: Chairman J. Maloney; Board members W. Kremzar, T. Kelly, N. Sergi, and M. Diver. ALSO PRESENT: Assistant Law Director B. O'Malley, Building Commissioner D. Conway and Clerk of Commissions D. Rote. Chairman Maloney reviewed that there were 7 cases requesting 11 variances and 1 special permit on the docket. He further advised that the board members had viewed the premises involved for each case. Three votes are required for approval and in addition, each case would 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. II. REVIEW AND CORI2ECTION OF MINiJTES: The Board of Zoning Appeals minutes dated November 4, 2004 have been submitted for approval. W. Kremzar moved to approve the Board of Zoning Appeals minutes dated November 4, 2004 as written. M. Diver seconded the motion. Roll call on the anotion W. Kremzar, T. Kelly, N. Sergi and M. Diver, "Yes" and J. Maloney abstained. Minutes approved. III. BUILDING DEPARTMENT REQUESTS: OLD BUSINESS: 1. Weber Auto, 23779 Lorain Road, (WRD 2) Request for variance (1123.12). The proposal consists of a ground sign. The following variance is requested: 1. A 3 foot 6 inch variance for a ground sign too close to right of way, (code requires 5', applicant show 1'6"). Which is in violation of Ord. 90-125, section 1163.26B. Note: Applicant wants to use an existing frame. The Board of Zoning Appeals tabled this request November 4, 2004. Chairman Maloney called all interested parties forward to review the request. Mr. Weber (son) and Mrs. Weber each came forward to be sworn in and review the request. Mr. Weber indicated that he was present at last months meeting and at the request of the commission he placed a moclc sign for the safety department to view for any safety issues. Mr. Maloney read allowed an e-mail from Police Chief Ruple to the safety director. Which stated; that although the sign is closer to the sidewalk then other signs in the area if drivers use caution when exiting there would not be a safety factor. Mrs. Diver felt that if the existing bush was moved the sign could be moved back to bring it more to code. Mr. Weber believed that if the sign was moved back any further the sign would damage patrons cars parked in the parking space. Board members discussed what each saw when they visited the site. Mr. Maloney voiced that he would not want the sign any higher than 30 inches high. The applicant felt that a 30-inch high sign would not be high enough to be seen from the road. His clients have been complaining that they can not see were they are located. The board aslced if the sign would be illuminated. Mr. Weber indicated that there are existing