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:/ --? CITY OF NORTH OLMSTED BOARD OF ZONING APPEALS MINiJTES - DECEMBER 5, 1984 Chairman Remmel called the meeting to order at 7:30 p.m. Present: R. Bugala, R. Gomersal, E. Graves, and C. Remmel Absent: J. Helon Also Present: Law Director M. Gareau; Building Commissioner E. Gundy, and Recording Secretary B. Oring E. Graves moved to approve the Minutes of November 14, 1984 as presented, seconded by C. Remmel, and unanimously approved. Mayor Swietyniowski administered the oath of office to new member, Robert Gomersall. 1. Mr. & Mrs. G. T. Avellon, 6253 Christman Dr. Request for variance (1133.13). Request 9 inch height variance for tool shed. (Shed installed under permit #22580 - 8'height applied for). Violation of Ord. 62-33, Section 1151.04-D. . Chairman Remmel called all interested parties before the Board. The oath was administered to Mr. & Mrs. Avellon, Mr. & Mrs. R. Jones, 3275 Warren Road, Cleveland, and neighbors G. Ceepo and Mr. Geiger. Chairman Remmel pointed out that location and size of shed are legal; height in rear is 9" over the legal 8' because shed had to be raised because of the slope and mushy condition of the land at that point. He stated that this is one of the nicest sheds he has seen in the city and that the shed itself is within the legal height limit. Mr. Ceepo objects on the basis that tool shed was built against the standing ordinance; variance was applied for after the fact; and that his sight line has been restricted. He believes that ordinance should be upheld. Inspection report of December 5, 1984 stated that shed has sunk and is only 4" above the legal height. Mrs. Jones stated that this shed is far better than others she has seen in Bretton Ridge Subdivision. Mr. Ceepo questioned if Mrs. Jones, who is not an adjacent landowner or a resident of North Olmsted had a right to testify. Chairman Remnel stated that this is a public meeting; she has a right to testify; and that the Board would evaluate the testimony. Mr. Geiger advised the Board that if the issue is just 9" or 4" he has no objections. C. Remmel moved to grant the variance, seconded by E. Graves, and uanani- mously approved. Mr. Ceepo again questioned why someone who was not notified of the meeting had a right to testify. Chairman Remmel stated that anyone has a right to testify since this is a public hearing. Mr. Graves read Section 1241.04, Procedures at Public Hearing. Mr. Ceepo was advised he could appeal this decision in Common Pleas Court. Crestmont Chrysler Audi, 26890 Lorain Rd. (Preliminary variance granted November 14, 1984). Site plan reflecting preliminary variance granted November 14, 1984, submitted for final approval. n