01/08/2009 Minutes - Laserfiche WebLink

Home Browse Search

1- r BOARD OF ZONING APPEALS CITY OF NORTH OLMS'I'ED 1VIINUTES OF JANUARY 8, 2009 ROLL CALL Mrs. 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, Assistant Building Commissioner Dale Mitchell, Clerk of Commissions Donna Rote Election of Chair and Vice Chair: Ms. Sergi moved, seconded by Mrs. Rudolph, to nominate Maureen Diver as Chair for the 2009 calendar year which was unanimously approved 4-0. Mrs. Bellido moved, seconded by 1VIs. Rudolph, to nominate Nancy Sergi as Vice Chair foa- the 2009 calendar year roll call Diver, Bellido, Rudolph -yes, Menser-no motion passed 3-1. REVIEW AND CORRECTION OF MINUTES 1VIrs. Rudolph moved, seconded by Mrs. Bellido, to approve the December 04, 2008 Board of Zoning Appeals minutes, which was unanimously, approved 5-0. RESIDENTIAL APPEALS AND REQUESTS: Martin & Mercy Akp-Esamlbe; 4167 Laurell lLane: Request for variance (1123.12). The proposal consists of an addition The following variance is requested: A 12 foot variance for a residence to close to rear property line, code requires 50 ft, applicant shows 38', which is in violation of Ord. 90-125 section 1135.08 (a). Mr. & Mrs. Alcp-Esambe the owners and Mr. Jeff Leonard with Champion Windows each came forward to be sworn in and address the request. Mr. Leonard said the rear yard variance is requested for the 14 x 13 foot 3 season room. Mrs. Rudolph said although the Milner family was not present she questioned if they had voiced any concerns regarding visibility being bloclced. Mr. Akp-Esambe said he had not heard from any neighbors. Mrs. Diver aslced if the room was all glass and the size of the existing patio. Mr. Leonard said that most of the existing patio would be removed so footers for the new room could be installed. Mr. Menser asked if the room would be a 3 or 4 season room with heating and cooling. Mr. Mitchell noted that the building departinent had the same question. Mr. Leonard said the room would be a 3 season room with no heating or cooling. Mr. Mitchell noted that a 14 x 13 room was quite large for a three season room. Mrs. Diver said that although the room would benefit the family it could continue to malce a reasonaUle return without a variance. It would not affect abutting properties or governmental services and the board felt the spirit and intent would be observed granting the variance. It is presuined that all owners are aware of the zoning codes when their homes are purchased. A 3 season room could not be added without a variance due to the existing setbaclc of the home. Board members did not object to the applicants request for a 12 foot rear yard variance. Mr. Menser noted that there were no neighbors' present to object to the request. Mr. Menser moved seconded by Ms. Rudolph, to grant Martin & Mercy Akp-Esambe of 4167 Laurell Lane a 12 foot variance for a residence to close to rear property line, code 1