STREETSBORO BOARD OF ZONING AND BUILDING APPEALS

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Mrs. Szabo agreed. Mr. Szabo stated the property had an aeration system for septic; he had a letter from Portage County Health Department stating if the septic system failed it could be replaced in the exact same location therefore it didn’t require additional land. The property at 8729 was denied for a regular septic due to the slope so the county allowed the aeration system. Mrs. Mustafa pointed out the letter in the packet from Loyd Groves dated April 3 for the environmental health district regarding what Mr. Szabo just stated. Mr. Cieszkowski stated his memo dated May 9, 2013 included his review comments as it relates to this submitted application. He reviewed the memo with the board. Mr. Vazzana echoed Mr. Cieszkowski in that the standard is a practical difficulty and there are 8 factors outlined in the code that you can read and you are to balance. If they rise to the level of a practical difficulty then you can go ahead and grant the variance. Finally, always remember that the conditions that we balance with these factors, the things that trigger these factors possibly are conditions that rise from the property itself, not the personal situation of the property owner. Mrs. Mustafa asked if the Duncan Rules apply to this hearing. Mr. Vazzana stated the rules that apply to this hearing are the rules that are spelled out in our code. Mrs. Mustafa asked again if the Duncan Rules applied to this hearing. Mr. Vazzana said no. You have the factors to weigh as you come to your decision and that, as John pointed out in the memo, is 1105.12(c)4. Mr. Newill asked about the applicants’ response to the first question on the application which was yes. Mr. Szabo said the answer should be no. He misread the question. Mr. Newill asked if his reason why the variance was necessary was totally what the applicant perceived to be a liability issue with the lake being part of both parcels instead of being totally on the [north] parcel. Mrs. Szabo answered yes a lot of it is. Mr. Newill asked what brought them to this conclusion. Mrs. Szabo said the buyer did not want to have anything to do with the lake and their insurance was telling them it could be a liability so they were having issues with the insurance on the property. Mrs. Mustafa asked if there was a letter to that effect. City of Streetsboro Board of Zoning & Building Appeals May 21, 2013 Page 2
Mrs. Szabo replied no but the buyer was at the hearing and would speak to that if the board wanted her to. Mr. Newill clarified this was not the buyer for Mrs. Szabo’s property but for the adjacent property. Mrs. Szabo affirmed they were the buyers for 8729 SR 43 which was the one for sale. Mr. Newill said it was parcel 1 on this map. Mrs. Szabo affirmed. Mr. Szabo stated it was the southern parcel. Mrs. Mustafa asked if the answer given for E was correct. Mr. Szabo said that was wrong too. Mrs. Mustafa thought they had addressed a lot of the questions but the board needed some clarifications. She asked, since question C asked if the peculiar conditions were the result of actions by the applicant, when and who split these lots. Mrs. Szabo reported it was owned by Mr. Szabo’s parents and the lot was split when he bought out his parents. Mr. Szabo said it was split down the middle and when his father passed away his mother gave him half the property which became lot a and b and he built his house on 8755. The plan was he was to take care of his mother forever and it didn’t matter where the line was but now she passed away. Mr. Bross asked if the original split was where the existing property line was, the dotted line was. Mrs. Szabo affirmed. Mrs. Mustafa asked they explain where the driveway was for the southern parcel because it didn’t show. Mr. Szabo stated the driveway was next to the lake all the way back, by the proposed property line, it comes in at an angle; approximately 10 to 15 feet from the lake. Mr. Bross asked Mr. Cieszkowski if R-R had a 2 acre minimum. Mr. Cieszkowski affirmed for a property where sanitary sewer is available in the R-R district. Mr. Bross asked if there was a new zoning classification coming for this parcel. City of Streetsboro Board of Zoning & Building Appeals May 21, 2013 Page 3
Page 1: Note: These minutes were compiled b
Page 5 and 6: Mrs. Mustafa stated if the driveway
Page 7 and 8: Mrs. Szabo added Ms. Vadaj kind of
Page 9: Attest: _______________________ Sta

STREETSBORO BOARD OF ZONING AND BUILDING APPEALS

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