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L- BOARD OF ZONING APPEALS CITY OF NORTH OLMSTED 1dIINUTES FOR AUGUST 07, 2008 ROLL CALL Chairwoman Diver called the meeting to order at 7:30 pm in Council Chambers. Present: Maureen Diver, Nancy Sergi, Laura Bellido, Jennifer Rudolph, Robert Menser Staff: Assistant Law Director Bryan O'Malley, Building Commissioner David Conway, Assistant Building Commissioner Dale Mitchell, Clerk of Commissions Donna Rote Mrs. Diver advised all board members viewed each site and three votes were required for approval. Each case is judged on the physical situation peculiar to itself, so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and lilce situations elsewhere. Applicants were asked to address all seven area variance standards noted. REVIEW AND CORRECTION OF 1VIINLTTES 1VIrs. 12uclolph moved, seconded by 1VIrs. Sea-gi, to approve the July 10, 2008 Board of Zoning Appeals minutes as written, which was approved 5-0. RESIDENTIAL APPEALS AND REQUESTS: Michael Sholtis; 4463 Westview Drave (Ward 4) Request for variance (1123.12). The proposal consists of an addition The following variance is requested An 11 foot variance for a residence too close to rear property line, code requires 50 ft, applicant shows 39 ft which is in violation of Ord. 90-125 section 1135.08 (a). Mr. Sholtis the owner and Mr. Cone the contractor each came forward to be sworn in and address the request. Mr. Sholtis said he would lilce a sunroom added to the back of his home. Mr. Cone said the sunroom would increase the value of his client's home, neighboring homes, enhance the character of the neighborhood and governmental services would not be altered. The home abuts commercial property and the only residential lot which it abuts has a built in pool. The sunroom would provide privacy to both the residential neighbor and his client. The neighboring home is up for sale, an attempt to contact the owner was made but unsuccessful. Mr. Sholtis said he was not aware of the zoning requirements when he purchased his home. Mr. Cone said the sunroom would be lower than the commercial property due to the slope of the lot. He presented photos of the applicant's lot as well as views from abutting lots. The existing aboveground pool will be removed prior to the sunrooms construction. Mr. Conway said that contractors in the 60's through 70's built homes exactly to code i.e. sideyard, front and rear setbaclcs which places most homeowners in positions which require variances for any type of ttpdates or alterations made to their homes. The city encourages residents to improve and update their homes and unfortunately most owners can not do that without variances. Mrs. Bellido was more comfortable with the request lcnowing the pool was being removed as the proximity of the pool to the house was a concern; all other board members voiced their agreement of being concerned of how close the pool was to the addition. The variance was not substantial, governmental services would not be altered, the character of the neighborhood would not be altered and the spirit and intent of the code would be upheld. Mr. O'Malley suggested requiring the pool be removed as part of the board's motion of approval. Mr. Conway pointed out the odd shape of the lot and said even with both the addition and pool lot coverage would not be 1