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J ; . --- - -.. , CITY OF NORTH OLMSTED BOARD OF ZONING APPEALS MINUTES - SPECIAL MEETING MAY 10, 1983 at 7:00 P.M. Chairman Remmel called the meeting to order at 7:00 p.m. Present: C. Rera-nel, R. Bugala, E. Graves, L. Horvath, and T. Restifo Also Present: Building Commissioner E. Gundy, Councilmembers D. Woerpel and Y. Petrigac, Law Director M. Gareau arrived at 7:05 p,m. and Recording Secretary B. Oring. 1. Ream Builders, Inc. 30119 Lorain Rd. Regarding sublot 26, permanent parcel 232-32-68, Tallwood Dr. Public hearing for purpose of legal advice from the City of North Olmsted Law Department to assist in interpretation of Zoning Ord. 62-33, Sections1163.01, 1163.02, and 1125.78. Chairman Remmel administered the oath to all present. Mr. Ream, the builder, and his attorney, Mr. Sheppard, stood before the Board. Mr. Ream's sales contract for a home on sublot 26 Tallwood Estates Subdivision was submitted as exhibit "A". Plot plan for sublat 26 was submitted as exhibit "B". A drawing of the proposed house (reversed from actual layout) was submitted as exhibit "C". Exhibit "C" was made available for all present to view. Mr. Bosak stated that the sales representative from Shore West, from whom he bought his property advised him that since there was a gas well on the progerty behind his home (s/1 26 Tallwood it could not be developed (this salesman is no longer with.Shore West and there apparently is noLhing in writing substantiat-ing this). Mr. Bosak had received a 9' rear yard variance on February 3, 1982 to convert his patio into a Florida room. It was clarified for Mr. Dorchak that exhibit "B'-' was the actual site plan for the proposed house on sublot 26. Mr. Sheppard presented the original site plan for s/1 26 which had been approved by the Building Department on Octo. 29, 1976 (exhibit "D'.') and which established the south property line as the side yard and the east property line as the rear line; this plan placed the proposed house 15 feet from the south line (present plan has the house 24` from south line and garage 15' from line). Law Director M. Gareau stated that the original subdivision was platted, reviewed by the City Engineer and approved by the City as prescribed by law, and it is to be presumed a legal lot as plotted and to be buildable, if the southern line was to be con- sidered a rear yard, the sublot would not be a buildable lot and could not have been accepted by the City. Mr. Dorchak ques- tioned if the rear yard should not be in a line with the front yard. Mr. Gareau stated that this was not necessarily true in all cases. Mr. Sheppard stated that upon examination of a North Olmsted map he counted at least 26 similar lots to the one in question. Rear