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CITY OF NORTH OLMSTEI) <br />"TOGETHER WE CAN MAKE A DIFFERENCE" <br />BOARD OF ZONING APPEALS <br />MINUTES - FEBRUAI2Y 6, 2003 <br />COUNCIL CHAMBERS <br />I. ROLL CALL: Chairman Maloney called the meeting to order at 7: 30 p.m. <br />PRESENT: Chairman J. Maloney, Board members J. Konold, W. Kremzar, N. Sergi, and T. Kelly <br />ALSO PRESENT: Assistant Law Director B. O'Malley, Assistant Building Commissioner <br />T. Rymarczyk, and Assistant Clerk of Commissions A. Kilbane. <br />II. REVIEW AND CORRECTION OF MINZJTE5: <br />The Board of Zoning Appeals minutes of December 5, 2002 have been submitted for approval. <br />J. Konold made a motion to approve the ininutes as submitted. The motion was seconded by T. Kelly <br />and unanimously approved. <br />Chairman Maloney indicated there are 3 cases requesting 9 variances. The Chairman advised that the <br />board members have viewed the premises involved for each case. Three votes are required for <br />approval. In addition each case will be judged on the physical situation peculiar to itself, so that in no <br />way is a judgment rendered considered to be a general policy judgment affecting properties and like <br />situations elsewhere. <br />III. BUII.,DING DEPARTMENT REQLTESTS: <br />1). Steve and Diane Burke, 4689 Georgette Ave., WRD - 4 <br />Request for variance (1123.12). The proposal consists of adding a new garage. <br />The following variances are requested: <br />1. A 5 foot variance for rear yard lot line (new garage) (code requires 10 feet, applicant shows 5 feet), <br />section (1135.02). <br />2. A 5 foot variance for rear yard lot line (relocate existing shed) (code requires 10 feet, applicant <br />shows 5 feet), section (1135.02) <br />3. A variance for no garage until 7/31/03 (code requires 1, applicant shows 0), section (1161.08 <br />(a)(1)). <br />4. A 5 foot variance to have a drive in a side yard which is less than 15 feet (code requires 15 feet, <br />applicant shows 10 feet), section (1135.07 (a)). <br />Which is in violation of Ord. 90-125 sections (1135.02), (1161.08 (a)(1)), and (1135.07 (a)). <br />Chairman Maloney called all interested parties forward to review the request. Steve and Diane Burke, <br />and neighbor Joan Tymkewicz, came forward and were sworn in. Mr. Burke explained they would <br />like a new detached garage. They have an existing 1-car garage now which will be turned into an <br />office/laundry room. The garages on their street are 5 ft. from the back property line. The main <br />variance they are going for is to keep it 5 ft. instead of putting a new garage at 10 ft. They have an <br />existing shed that is at 5 ft. sitting in the middle of the backyard right now. They are moving that over <br />to the south side and also want to keep that at 5 ft. Mrs. Burke indicated they have photos. Mr. <br />Kremzar asked if there is any swale or ravine in the back. Mrs. Tymkewicz replied there is. She <br />indicated she lives behind the Burke's and her yard is 4 ft. below theirs. Mr. Burke said they are going <br />to level out their yard. Mr. Kremzar asked if he is sure they can level it because there is a swale. Mr. <br />Burke said they are not leveling that and it has nothing to do with his neighbor's yard. The swale is in <br />the middle. Mrs. Tymkewicz said she wanted to make sure they had a survey. Originally when she <br />built her house years ago, she had a survey done and the stake is at the top part-of the edge, where their <br />bushes are, so she wondered about a survey. She wants to know how close they are going to that. Mr. <br />Burke indicated they did not have a survey but he is aware of the stake. He said they are going 5 ft.