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Comments were received from Amy Oppy asking if only one bedroom would be downstairs and if a precedent is guaranteed not to be set. Mr. Dunlap said there would only be one bedroom on the first floor. Mr. Allain asked if the addition could be built without requiring a variance. Mr. Leitner said other options to create a bedroom space on the first floor were reviewed but this is the only solution that would work even though the back yard space would be reduced. Mr. Allain reminded the attendees that each ruling does not set a precedent in the neighborhood or throughout the city and each case is reviewed by its own merits. Ms. Patton asked what would happen to the existing deck, Mr. Leitner said the deck would be removed and replaced with an at -grade concrete patio. Mr. Mackey thought the applicant had a family need and was trying to build the addition consistent with the character of the neighborhood. He did not think the rear neighbor would be affected by the proposal since the land behind them is currently undeveloped. Mr. Allain thought the applicants made an effort to protect surrounding properties and was in favor of the request. Mr. Papotto moved, seconded by Mr. Mackey, to approve the following variance as amended for 20-17972; Eddie Dunlap; 5468 Jacqueline Lane: 1. A 22 ft. variance for rear yard setback of a dwelling; code requires 50 ft., applicant shows approximately 28 ft., Section 1135.06(D). Motion passed 5-0. COMMERCIAL APPEALS AND REQUESTS 20-17699; Jamestown Apartments; 4809 Columbia Road Representatives: Matthew Orehek, LDA Architects, 5000 Euclid Avenue, Suite 104, Cleveland, OH; Ed Zirzow, Facilities Director at RHM and Encore Residential, 9620 Shadow Hill Trail, Chesterland, OH Proposal consists of dumpster enclosures. Property is zoned Multiple Residence (Apartment). This application is a rehearing of a variance denied at the September 14, 2020 meeting. 1. A 6 ft. 2 in. variance for a dumpster receptacle in a required buffer area; code requires a rear yard setback of 20 feet, applicant shows receptacle 13 ft. 10 in. from the rear lot line, Section 1161.11(A). At the BZBA's October meeting, the Board voted to rehear the application for dumpster enclosures of Jamestown Apartments that was denied in September. Since the grant to rehear, the applicant has amended their proposal. Gates have been provided for all dumpster enclosures and all but one have been located in a zoning -compliant location. One variance remains. The dumpster at the southeast corner of the property is shown in the same location as originally proposed. It is 13 feet 10 inches off the property line, where code requires 20 feet. A 6 foot 2 inch setback variance is requested. Mr. Orehek said multiple dumpsters have been relocated to limit visibility from the street and a substantial amount of landscaping is proposed. The proposed location of the dumpster would allow for more landscaping and would not interfere with the fence. Mr. Zirzow said an overage dumpster would be added to prevent dumpsters from overflowing and becoming unsightly. Ms. Lieber appreciated that the applicants worked with staff and looked at all options to eliminate requests for the previous requested variances, except this one. Mr. Papotto agreed that the