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BUILDING & ZONING BOARD OF APPEALS CITY OF NORTH OLMSTED MINUTES OF SEPTEMBER 9, 2019 ROLL CALL Chairman Raig called the meeting to order at 7:03 pm in Council Chambers and led the Pledge of Allegiance. Present: Mike Raig, Bob Papotto, Ralph Mackey, Eric Allain Absent: Dan Rahm Staff. Planning and Development Director Kim Lieber, Law Director Michael Gareau, Jr., Assistant Building Commissioner Dan Russell, Administrative Assistant Nicole Rambo - Ackerman REVIEW AND CORRECTION OF MINUTES Mr. Allain moved, seconded by Mr. Papotto, to approve the Building & Zoning Board of Appeals minutes of August 5, 2019, motion passed 4-0. RESIDENTIAL APPEALS AND REQUESTS 19-14222; Salwa Alhaia; 23741 Curtis Drive Representative: Hasan Tamimi, 23741 Curtis Drive Proposal consists of a patio in the front yard. Property is zoned C -One Family Residence. Note: Proposal was tabled at the August 5, 2019 meeting. The following variances are requested: 1. A variance for a patio in the front yard; code permits accessory structures only in rear yards of residential lots, applicant shows patio in the front yard, Section 1135.02(C)(1). 2. A 9 ft. 6 in. variance for setback of the patio; code requires patios attached or contiguous to the principal structure to meet the required setbacks of the principal structure; applicant shows patio encroaching into the existing non -conforming front yard, Section 1135.02(C)(4). Note: Existing front yard setback is approximately 36 ft. to the attached garage and 46 ft. 6 in. to the house. Ms. Lieber stated that the zoning code contains two related provisions for accessory structures, specifically patios. They are only permitted in rear yards and they must also meet the required setbacks of the principal structure. This proposal shows a patio in the front yard and its location does not meet the required setbacks for the principal structure. Mr. Tamimi said his cousin owns the home and he resides at the home. He said the front of the home is difficult to get plants to grow in due to the shade. He tried to use pavers in the area but they grow mold and are difficult to maintain. With concrete, he would be able to keep the front of the home neat looking. The pavers were removed when he had the new driveway installed. Ms. Lieber pointed out that the home is at an existing nonconforming setback and the requested patio further encroaches into the 50 foot setback. Mr. Papotto confirmed that the patio would be installed where the previous pavers were. Mr. Tamimi would be willing to increase the nine foot distance from the proposed patio to the side property line. Mr. Allain asked what the hardship of the variance request is,