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9/11/2023 Minutes
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9/11/2023 Minutes
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N Olmsted Boards & Commissions
Year
2023
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
9/11/2023
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the board's favorable consideration of the application. Mr. O'Malley pointed out a lack of clarity <br />in the write-up regarding the specific code sections applied by noted Director Upton's mention of <br />primarily 1 137.06 and .07. He highlighted variances of seven feet and ten feet for the first and <br />third sections, receptively, but noted that setbacks along the east and west property lines weren't <br />specified. Emphasizing the importance of clear documentation, he suggested they were provided <br />written details of code requirements and the applicant's requests for a clearer record. Director <br />wanted to clarify for the board of the specific code requirements. The specific code section was <br />I I37.07(g). focusing on the distance between the building and the boundary line of a multifamily <br />development area. A formula, incorporating building length. height. and a divisor factor. resulted <br />in a required distance of 103.5 feet. The applicant proposed 98 feet. requesting a 5.5 -foot <br />variance. <br />Mr. Vitale explained that variance request number three was for items one through four on the <br />plans for parking setbacks for buildings seven and eight on the east and west side. Code was <br />requiring 15 feet. they were requesting 10 feet, which resulted in a five-foot variance. Item five <br />on building six they were requesting a seven -foot variance. Item six. on building six on the other <br />side they were requesting a three-foot variance. It was then clarified to the board the original <br />variance request was a ten -foot variance: however, in actuality the variance request was between <br />three and seven feet. It was then determined the buildings would be shifted so that the setbacks <br />would all be five feet. instead of varied. Items six through nine refers to the building locations to <br />the boundary lines. Item six is a request of a 51.4 -foot variance for building number three on the <br />west side. Item seven is a distance variance request of 44.9 feet for building number four on the <br />northwest corner. Item eight is a variance request of 22.1 feet off of building number nine on the <br />southeast side. Item nine is a variance request for building number ten of 15.8 feet. Item number <br />ten is a variance request of 5.5 feet from building number two and the Brookpark rig=ht-of-wa". <br />It was also determined that the first variance request was not required (request one). as the <br />developer has shifted buildings to conform with the code. It was discovered that a seven -foot <br />variance for a parking setback on the southwest corner of the property. which is now identified <br />as number one variance and item number eleven. <br />Mr. Rahm moved to approve: 23-24769; GD3 Ventures: Brookpark and Grace. Three variances <br />based on site plan as amended. Variance one, a variance from section 1137.08 to allow parking <br />setback of three feet, code requires ten feet. seven -foot variance requested. Number two. a <br />variance from section 1 137.07g. requiring building setback of the east, west, and north boundary <br />lines. A: building number two. code requires 1035.5 feet. applicant requests 98 feet. B: building <br />number three, code requires 103.5 feet, applicant requests 52.13 feet. C: building number four. <br />code requires 103.5 feet, applicant requests 58.63 feet. D: building number ten, code requires <br />55.5 feet, applicant requests 39.68 feet. E: building number nine, code requires 67.5 feet, <br />applicant requests 45.43 feet. Variance three, building number three. a variance from section <br />1137.08-1, requiring a minimum setback distance for parking area. 15 feet required. applicant <br />requests ten feet. Seconded by Mr. Kovach. <br />Motion Passed: 5-0 <br />
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