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CITY OF NORTH OLMSTED <br />BOARD OF ZONING APPEALS <br />HELD IN COUNCIL CHAMBERS <br />NOVEMBER 02, 2006 <br />MINUTES <br />1. ROLL CALL: <br />The meeting was called to order at 7:40 pm. <br />PRE5ENT: Members; J. Maloney, M. Diver, J. Burke, N. Sergi and T. Kelly <br />ALSO PRESENT: Assistant Law Director B. O'Malley, Assistant Building Commissioner T. <br />Rymarczyk and Clerk of Commissions D. Rote. <br />Chairman Maloney reviewed that there were 6 cases requesting 15 variances and 1 special permit on <br />the docket. He further advised that each board member had viewed the premises involved for each <br />case. Three votes are required for approval and in addition, each case would be judged on the <br />physical situation peculiar to itself, so that in no way is a judgment rendered considered to be a <br />general policy judgment affecting properties and like situations elsewhere. <br />H. REVIEW AND CORRECTION OF MINUTES: <br />N. Sergi moved to approve the Board of Zoning Appeals minutes dated August 3, 2006 as amended. <br />M. Diver seconded the motion, which was unanimously approved. <br />J. Burke moved to approve the Board of Zoning Appeals minutes dated October 05, 2006 as written. <br />M. Diver seconded the motion, which was unanimously approved. <br />III. RESIDF•NTIAL APPEALS AND REQUESTS: ., ... , <br />1. Joe &'Vicki Mate; 23281 Marion Rde (WRD # 2) <br />A). Request for a special permit to add to a non-conforming building, section (1165.02)..: Exiting <br />dwelling has a 38' front setback and 14'6" side setback and code requires a 50' front setback and <br />25' side setback. <br />B). Request for variance (1123.12). The proposal consists of an addition and the following variances <br />are requested: <br />1. A 16 foot variance for front setback of residence, (code requires 50', applicant shows 34'), section <br />(1135.06 (A)). <br />2. A 10 foot 6 inch variance for side setback of residence, (code requires 25', applicant shows 14' <br />6"), section (1135.06 (B)). <br />3. A 4 foot variance for a residence to close to rear property line, (code requires 50', applicant shows <br />46'), section 1135.08 (A)). <br />Which is in violation of Ord. 90-125 sections: (1135.06 (A)), (1135.06 (B)), and (1135.08 (A)). <br />BZA tabled the matter 08/03/06 and 09/07/06. <br />Mr.. & Mrs. Mate the owners and Ms. Brown the architect, each came forward to be sworn in and <br />address the request. Ms. Brown reviewed past appearances with the board and reviewed each of the <br />changes made which eliminated the majority of the variances. The first change to the plans was the <br />removal of the radio tower as it will be placed to meet city code requirements. The special permit is <br />sought as the home is in fact a non-conforming building. The front yard setback requested has not <br />changed. The side yard variance requested was reduced by two feet by removing the side porch. <br />The 4 foot variance for rear yard setback was 8 feet so that request was cut in half. The footprint of <br />the addition was reduced to eliminate the variance for exceeding maximum lot coverage. She <br />believes that they are very close to what was approved in 2005. Mr. Burke asked what was <br />removed. Ms. Brown said that a total of 4 square feet was removed from the main floor. Mrs. Diver <br />reviewed that the existing residence is 756 square feet, the new kitchen, pantry and laundry area will <br />1