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STREETSBORO BOARD OF ZONING AND BUILDING APPEALS

STREETSBORO BOARD OF ZONING AND BUILDING APPEALS

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Mrs. Szabo agreed.<br />

Mr. Szabo stated the property had an aeration system for septic; he had a letter from Portage<br />

County Health Department stating if the septic system failed it could be replaced in the exact<br />

same location therefore it didn’t require additional land. The property at 8729 was denied for<br />

a regular septic due to the slope so the county allowed the aeration system.<br />

Mrs. Mustafa pointed out the letter in the packet from Loyd Groves dated April 3 for the<br />

environmental health district regarding what Mr. Szabo just stated.<br />

Mr. Cieszkowski stated his memo dated May 9, 2013 included his review comments as it<br />

relates to this submitted application. He reviewed the memo with the board.<br />

Mr. Vazzana echoed Mr. Cieszkowski in that the standard is a practical difficulty and there<br />

are 8 factors outlined in the code that you can read and you are to balance. If they rise to the<br />

level of a practical difficulty then you can go ahead and grant the variance. Finally, always<br />

remember that the conditions that we balance with these factors, the things that trigger these<br />

factors possibly are conditions that rise from the property itself, not the personal situation of<br />

the property owner.<br />

Mrs. Mustafa asked if the Duncan Rules apply to this hearing.<br />

Mr. Vazzana stated the rules that apply to this hearing are the rules that are spelled out in our<br />

code.<br />

Mrs. Mustafa asked again if the Duncan Rules applied to this hearing.<br />

Mr. Vazzana said no. You have the factors to weigh as you come to your decision and that,<br />

as John pointed out in the memo, is 1105.12(c)4.<br />

Mr. Newill asked about the applicants’ response to the first question on the application which<br />

was yes.<br />

Mr. Szabo said the answer should be no. He misread the question.<br />

Mr. Newill asked if his reason why the variance was necessary was totally what the applicant<br />

perceived to be a liability issue with the lake being part of both parcels instead of being totally<br />

on the [north] parcel.<br />

Mrs. Szabo answered yes a lot of it is.<br />

Mr. Newill asked what brought them to this conclusion.<br />

Mrs. Szabo said the buyer did not want to have anything to do with the lake and their<br />

insurance was telling them it could be a liability so they were having issues with the insurance<br />

on the property.<br />

Mrs. Mustafa asked if there was a letter to that effect.<br />

City of Streetsboro Board of Zoning & Building Appeals May 21, 2013 Page 2

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