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? Y <br />t ? <br />CITY OF NORTH OLMSTED <br />BOARI3 OF ZONING APPEAI.S <br />HELD Ile1 COUNCII. CI3AMBERS <br />MAY 03, 2007 <br />MINUTES <br />I. 1tOLL CALL: <br />Mr. Burke called the meeting to order at 7:35 pm <br />PRESENT: Members; M. Diver, J. Burke, N. Sergi, T. Kelly and R. Menser. <br />ALSO PRESEN'I': Assistant Law Director B. O'Malley, Building Commissioner D. Conway, and <br />Clerlc of Commissions D. Rote. <br />Chairman Burlce reviewed that there were 7 cases requesting 15 area variances and 1 Special Permit <br />on the docket. He further advised that each board member had viewed the premises involved for <br />each 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. He read aloud the 7 <br />factors required to be granted a variance and challenged everyone present to address all 7 factors in <br />their presentation. <br />Chairman Burlce announced that the board would address the minutes of March 26, and board's <br />findings at the end of the docket. <br />II. ItESIDENTIAI., APPEALS AND REQUESTS: <br />; <br />1. Marvin Jacolbs; 5929 Dorothy Dr. (WRI) # 3) <br />Request for variance (1123.12). Proposal consists of a 3 season room. <br />The following variance is required: <br />1. An 11 foot variance for rear yard setback, (code requires 50' applicant shows 39'). <br />Which is in violation of Ord. 90-125 section (1135.08 (A)). <br />Mr. Bailey with Champion Windows and Mr. & Mrs. Jacobs each came forward to be sworn in and <br />address their request. Mr. Bailey reviewed that the intent was to install a 3 season room using the <br />existing patio. Code requires a 50 foot rear setback and there will be a 39 foot rear yard setback with <br />the addition. Mrs. Sergi asked if the addition would be the exact size as the existing patio. Mr. <br />Bailey said the addition would be a little smaller to provide a sidewalk around the room once <br />completed. Mr. Jacobs suggested he spoke to each neighbor listed on the notification and they had <br />no objections to his plan. Mrs. Diver voiced she had no objections to the addition as it did not <br />exceed the existing patio dimensions. Mr. Conway felt that a three season room would have a <br />minirrial impact on the applicant's neighbors due to seasonal usage. Due to past zoning codes and <br />building practices current homeowners wanting to update or modernize their home are placed in <br />awkward situations of requiring variances for anything being done. Therefore he has no objections <br />to the applicant's request. <br />M. I)iver moved to grant IVlarvan Jacobs of 5929 I)orothy Drive their request for variance <br />(1123.12), which eonsists of a 3 season room ancl the following variance, is granted: An 11 foot <br />variance for rear yard setback, (code requires 50' applicant shows 39'). Which is in violation <br />of Ord. 90-125 section (1135.08 (A)). T. Kelly seconded the motaon, which was unanimously <br />approved. <br />1 <br />L Fa "hit <br />Fl, <br />P-- copy