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> . BOARD OF ZONING APPEALS CITY qF NORTH OLMSTED MEETING MINUTES OF MAY 01, 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, 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 like situations elsewhere. Applicants were asked to address all seven area variance standards noted. REVIEW AND CORRECTION OF MINUTES Mrs. Sergi moved, seconded by Mr. Menser, to approve the April 3, 2008 Board of Zoning Appeals minutes as amended, which was approved 4-0 as Ms. Rudolph abstained. RESIDENTIAL APPEALS AND REQUESTS: John & Heidi Szeltner; 3676 Dawn Drive (Ward # 2) Request for variance (1123.12). The proposal consists of a patio room addition. The following variance is requested: 1. A 6 foot rear yard setback variance for residence too close to rear property line code requires 50' applicant shows 44', which is in violation of section 1135.08 A. Mr. Szeltner the owner and Mr. Brooks with Champion Windows each came forward to be sworn in and address the request. Mr. Brooks described the patio room which the owner would like to have constructed. Mrs. Diver questioned if the pad and wall was pre-existing which the owner said was correct. Ms. Rudolph asked why the home was setback further than the neighbor's homes. Mr. Szeltner reviewed that his home was a model home and was setback due to the sanitary sewer line along the front of the lot. Mrs. Sergi did not feel the variance was substantial the exterior of the home and yard were well maintained and the addition would not alter the neighborhood. The property could continue to yield a reasonable return without the variance and the owner is presumed to have knowledge of the zoning codes when purchasing a home. They are using the existing slab and the addition will be an improvement for the owner and neighborhood. The spirit and intent of the code would be served granting the variance as the rear yard size is due to the sewer placement along the front yard. Ms. Rudolph, Ms. Bellido and Mr. Menser had no objections to the addition and agreed with Mrs. Sergi's assessment. Board members felt the spirit and intent of the code would be served granting the variance as the enclosure is glass and it does not exceed the existing pad size. Mrs. Sergi moved seconded by Ms. Rudolph, to grant John & Heidi Szeltner of 3676 Dawn Drive A 6 foot rear yard setback variance for residence too close to rear property line code requires 50' applicant shows 44', which is in violation of section (1135.08 A) which was unanimously approved 5-0.