CAUCUS PRIOR TO STRONGSVILLE BOARD OF ZONING & BUILDING CODE APPEALS Meeting of 7:30 p.m. Present - Board of Appeals Members: Ken Evans, Richard Baldin, David Houlé, John Rusnov Administration: Assistant Law Director Daniel J. Kolick Building Department Representative: Michael Miller Recording Secretary: Kathryn Zamrzla The Board members discussed the following: 1) THAD VASKO, OWNER a) Requesting a 2 variance from Zoning Code Section 1252.10, which prohibits a required rear yard to be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building where the applicant is proposing a 21 by 26 Unenclosed Shelter Addition; b) Requesting a 20 Rear Yard variance from Zoning Code Section 1252.16 (d), which permits a 6 projection into the Rear Yard and where a 26 projection into the Rear Yard is proposed in order to construct an 21 by 26 Unenclosed Shelter Addition; property located at 14445 Castlereagh Lane, PPN 398-17-049, zoned R1-100. The Board noted they received a letter from the Metroparks stating they wished to keep the zoning as now written. 2) BREW GARDEN, OWNER a) Requesting a 29 Parking Space variance from Zoning Code Section 1270.05 (c) (5), which requires 227 Parking Spaces and where 198 Parking Spaces are proposed; property located at 16555 Southpark Center, PPN 396-25-001, zoned Shopping Center (SC). The Board reviewed the building plans that were given to the Secretary during the last hearing on September 5 th. 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives Requesting a 12 Side Yard Setback variance from Zoning Code Section 1252.16 (e), which permits a 0 encroachment into the established Side Yard Setback and where a 12 encroachment into the established Side Yard Setback is proposed in order to install an 20 by 40 Inground Swimming Pool; property located at 19995 Hawthorne Lane, PPN 392-19-051, zoned R1-75.
Page 2 of 22 The Board noted that they received three letters from neighbors who are against the approval of the variance. They also mentioned that there is no proof that they are not part of the Homeowners Association, or whether the property is in a flood zone. 4) CLIFFORD AND LISA KIME, OWNERS Requesting a 10 Setback variance from Zoning Code Section 1252.15 (a), which requires a 20 Setback from the main dwelling and where a 10 Setback from the main dwelling is proposed in order to construct an 8 by 8 Accessory Building; property located at 20434 Prairie Meadows Place, PPN 391-26-030, zoned R1-75. The Board noted that storage space is notably limited in this area. 5) ELIZABETH NOWAK, OWNER Requesting a 2.7 Side Yard Setback variance from Zoning Code Section 1252.05, which requires a 5 Side Yard Setback and where a 2.3 Side Yard Setback is proposed in order to construct an Addition; property located at 15742 Sassafras Drive, PPN 395-14-043, zoned R1-75. The Board noted that this property is located on a very oddly shaped lot. 6) JAMES PTACEK, OWNER a) Requesting a variance from Zoning Code Section 1252.18, which permits one (1) accessory building and where three (3) accessory buildings are proposed in order to approve an existing Treehouse; b) Requesting a variance from Zoning Code Section 1252.18, which permits one (1) accessory building and where three (3) accessory buildings are proposed in order to approve an existing Basketball Court; property located at 18052 Benbow Road, PPN 399-22-009, zoned R1-75. The Board noted that Building Department will confirm the depth and diameter of the treehouse s post to make sure they are to code even after any variance is approved. They also confirmed that the variance is an approval for construction so if it is not to code, then they would have to deconstruct it, and then reconstruct it to code. They also stated that the basketball court is not visible from the street. 7) HPG WOOD PRODUCTS LLC, OWNER: Requesting a 5 Side Yard Setback (East) variance from Zoning Code Section 1252.05, which requires a 10 Side Yard Setback (East) and where a 5 Side Yard Setback (East) is
Page 3 of 22 proposed in order to construct a SF Dwelling; property located at 10650 Rosalee Lane, PPN 398-12-053, zoned R1-75. The Board observed no issues with this variance request since it abutted a common area and would not affect any other property owner.
Page 4 of 22 STRONGSVILLE BOARD OF ZONING & BUILDING CODE APPEALS MINUTES OF MEETING The meeting was called to order at 8:00 PM by the Chairman, Ken Evans. Present: Also Present: Mr. Baldin Mr. Evans Mr. Houle Mr. Rusnov Mr. Kolick, Assistant Law Director Mr. Miller, Building Department Representative Ms. Zamrzla, Recording Secretary Mr. Evans Good evening ladies and gentlemen. I d like to call this meeting of the to order. Kathy if you d call the roll please? ROLL CALL: Mr. Baldin Mr. Rusnov Mr. Houle Mr. Evans Dr. Goist Mr. Baldin I d like to make a motion to excuse Dr. Goist for just cause. Mr. Rusnov Second. Mr. Evans We have a motion and a second. May I have a roll call please? ROLL CALL: ALL AYES: MOTION PASSED Mr. Evans Thank you very much. I hereby certify that this meeting has been posted in accordance with the Strongsville Codified Ordinances Chapter 258. We have minutes from August the 27, 2014, and September 10, 2014. We discussed them in Caucus, if there are no additions or corrections on the floor here, we will submit them as they were presented. This evening, those of you who are in the audience that are applicants or if you are here for a public
Page 5 of 22 hearing and you would wish to speak tonight, please stand and raise your right hand along with our Representative and Secretary from the Building Department, and be sworn in before our Assistant Law Director. If you re planning on speaking or want to make a comment tonight on a variance, if you would please stand, thank you. Mr. Kolick then stated the oath to those standing. NEW APPLICATIONS There are no new applications. PUBLIC HEARINGS 1) THAD VASKO, OWNER a) Requesting a 2 variance from Zoning Code Section 1252.10, which prohibits a required rear yard to be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building where the applicant is proposing a 21 by 26 Unenclosed Shelter Addition; b) Requesting a 20 Rear Yard variance from Zoning Code Section 1252.16 (d), which permits a 6 projection into the Rear Yard and where a 26 projection into the Rear Yard is proposed in order to construct an 21 by 26 Unenclosed Shelter Addition; property located at 14445 Castlereagh Lane, PPN 398-17-049, zoned R1-100. Mr. Evans Thank you very much. On our agenda this evening, we have no new applications. So we will proceed directly to public hearings. The first one on our agenda this evening is Thad Vasko. Will you please come to the podium? Please give us your name, address, and explain the reason that you re requesting the variance. Mr. Vasko My name is Thad Vasko, 14445 Castlereagh Lane. I am requesting a 2 variance over the rear 30 building line so I can build closer to the Metroparks. Mr. Evans Mr. Vasko, just for the record, I will indicate that we received a letter from the Cleveland Metroparks, dated September 23 rd, and in that letter they recounted the deed restriction that is present on the properties that back up to the Metroparks. They did specifically request that a 30 rear yard setback be preserved. All the members of the Board have a copy of that letter. Kathy, would he have received a copy? Ms. Zamrzla Yes.
Page 6 of 22 Mr. Evans Okay very good. So we do have that, and it doesn t necessarily mean that we will agree with the Metroparks, but we do have that letter for the record. So gentlemen on the Board, any questions for the applicant or any comments? Mr. Baldin Mr. Chairman, also the Associated Property Management Agent said they didn t have a problem as long as he meets all the requirements and so forth. Mr. Evans Thank you Mr. Baldin, anyone else with comments or observations? This is a public hearing, so Mr. Vasko we ll allow you to step aside. If there is anyone in our audience this evening who wishes to speak against this request for a variance, if you would please come forward? If there is anyone who would like to speak for the variance? Not hearing or seeing anyone, I will then entertain a motion. Mr. Houle Mr. Chairman, I make a motion that we approve a request for a variance from Zoning Code Section 1252.10, which prohibits a required rear yard to be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building where the applicant is proposing a 21 by 26 Unenclosed Shelter Addition. I also move that we approve the request for a 20 Rear Yard variance from Zoning Code Section 1252.16 (d), which permits a 6 projection into the Rear Yard and where a 26 projection into the Rear Yard is proposed in order to construct an 21 by 26 Unenclosed Shelter Addition; property located at 14445 Castlereagh Lane, PPN 398-17-049, zoned R1-100. Mr. Baldin Second. Mr. Evans Thank you Mr. Houle, thank you, Mr. Baldin. Kathy, would you please give us the roll call? ROLL CALL: ALL AYES: MOTION PASSED Mr. Evans Mr. Vasko the variance has been approved, you have a 20 day waiting period during which time council has the opportunity to review the granting of the variance. You ll be notified by the Building Department when the permit is available, and then you re all set. You do not need to stay for the rest of the meeting. Mr. Vasko Thank you. 2) BREW GARDEN, OWNER Requesting a 29 Parking Space variance from Zoning Code Section 1270.05 (c) (5), which requires 227 Parking Spaces and where 198 Parking Spaces are proposed; property located at 16555 SouthPark Center, PPN 396-25-001, zoned Shopping Center (SC). Mr. Evans Second on our agenda is the Brew Garden, and our representative is Mr. Potopsky, I believe.
Page 7 of 22 Mr. Potopsky Patrick Potopsky, 9205 Shenandoah, North Royalton, Ohio. I m requesting a 29 parking spaces variance. Mr. Evans Okay and this is for the Brew Garden which is under construction now on the mall property across from Lenox Creek on Howe Road. When you appeared before us the first time, you had a plan for doing a 20 spot variance and we suggested the 29 in order to maintain some of the dimensions of the parking project. You were kind enough to already have that in your possession, so we have that for awarding for the variance for the 29 spot parking variance. Members of the Board, any questions, observations, or comments you need to make? Mr. Baldin No comments, I just commend Mr. Potopsky for going along with what we suggested. Mr. Evans Thank you Mr. Baldin. This being a public hearing, is there anyone in the audience who would like to speak against the variance? Is there anyone who would like to speak for the granting of the variance? Hearing no one and seeing no one I will then entertain a motion. Mr. Baldin Mr. Chairman, I move to make a request that a 29 Parking Space variance from Zoning Code Section 1270.05 (c) (5), which requires 227 Parking Spaces and where 198 Parking Spaces are proposed; property located at 16555 SouthPark Center, PPN 396-25-001, zoned Shopping Center (SC) be approved. Mr. Rusnov Second. Mr. Evans Thank you, we have a motion and a second. May we have a roll call please? ROLL CALL: ALL AYES: MOTION PASSED Mr. Evans Mr. Potopsky the variance has been granted. Council has 20 days to review that. We certainly wish you well in the business there. We appreciate you working with us. For those of you in the audience, the planning code requires a number of spaces based on square footage, number of tables, and patrons that are expected, and we hope that Mr. Potopsky has a problem with parking in that lot due to an abundance of patrons coming to the establishment. In this case we thought that keeping the traffic lanes the right dimensions were more important than the number of parking spaces. So we thank you and good luck. Mr. Potopsky Thank you very much. 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives Requesting a 12 Side Yard Setback variance from Zoning Code Section 1252.16 (e), which permits a 0 encroachment into the established Side Yard Setback and where a 12 encroachment into the established Side Yard Setback is proposed in order to install an 20
Page 8 of 22 by 40 In ground Swimming Pool; property located at 19995 Hawthorne Lane, PPN 392-19-051, zoned R1-75. Mr. Evans Our next item on the agenda is Roger and Rania Karim. Would you please come forward to the microphone, and give us your name and address please? Mr. Foster William Foster, American Construction Group representing the owners. Mr. Evans Thank you Mr. Foster. At this point the variance request is for a pool in the backyard. Can you tell us about the dimensional requirements for putting a pool in there? Mr. Foster The pool itself is setback appropriately from the home. The side yard, which would be the north side yard is a 12 encroachment, is what they are seeking based on the existing structures that were on site. They re requesting that it be put in that area because of the deck in the existing location. Mr. Evans As with all of the items on the agenda tonight, members of the Board of Zoning Appeals have all visited the site and have taken a look at the location. I would also indicate that there were three communications that Board members received via email or regular mail from individuals living in the area. Each one of them for their own purpose registered a point of objection to the swimming pool and again, part of the reason that we have the public hearing is to enable people to express opinions about these variance requests. Members of the Board, do you have any observations or comments? Mr. Foster What would be the proper procedure to table this? Mr. Evans To table it? Mr. Foster For further due diligence. Mr. Evans All you need to do is ask for it to be tabled. Mr. Foster Okay, we d like to table it for further due diligence. Mr. Evans We can do that, Mr. Kolick, in doing that, since we advertised for a public hearing, should we do that part of it prior to tabling it? Mr. Kolick Since we ve advertised, there may be people in the audience, and they should have the ability to come up and speak on it. We could table any decision on it, even though we have the public hearing, but since we scheduled the public hearing those individuals certainly have a right to come up and talk on it. Mr. Evans That would mean that we wouldn t have to have the public hearing a second time, and it might be advantageous for you to do it that way.
Page 9 of 22 Mr. Foster Okay. Mr. Evans Board Members were there any comments that you need to make before we bring people up? Then because it is a public hearing, Mr. Foster, I ll let you step aside for a minute. Is there anyone in the audience this evening that wishes to speak against the granting of the variance? Please come forward and give us your name and address, sir. Mr. Lucas I m Pete Lucas, this is my wife Collette, and our address is 20070 Hawthrone Lane. Mr. Evans Thank you. Mr. Lucas We are the neighbors of this project. Mr. Evans To the east or west or actually that s more like north or south? Mr. Lucas - We re north of them. As we understand it, will the variance bring the structure closer to our property? Mr. Evans The variance, Mr. Miller, is to construct the pool, but it requires the variance because of the deck around the pool, isn t that correct? Mr. Miller The deck around the pool requires that the pool be constructed with the same side yard setback as established by the existing dwelling, which means they can t go past the side of their house. They are proposing to go approximately 12 north. They are still off of the property line. The structure is closer to the property line, but only by 12 from where the house is. The side yard setback from the pool is still a fair amount of land. I don t have that exact measurement to the property line. The ordinance doesn t allow the pool to go past the side of the house. That s why they re requesting the variance. Their proposed project sticks out 12 on the north side of the house. The ordinance allows zero feet, so they are requesting a 12 variance. Mr. Evans Okay. Did you want to add anything? Mrs. Lucas No, I don t, but there s going to be a problem with privacy and noise. They have four little boys all elementary school age. There could easily be four, eight, twelve little boys running around screaming. There isn t a time or anything that they are not allowed to jump into the pool or get out of it. So there s going to be a definite problem as far as noise goes. This is a quiet neighborhood, and they are on the end of a cul-de-sac. There s going to be a parking problem because there is a center island in the middle of the street. I mean, we do have a neighborhood pool where the boys can get on a bike and go to it. Mr. Miller Even if there s no variances they can have their own pool. Mr. Evans Right, and that s what I was going to point out is that the variance allows them to locate the pool in the way that they want to. It would be possible for them to build a pool
Page 10 of 22 without a variance and do it in a slightly different configuration, but they would have that ability to do that. I want to point that out. Mr. Miller Mr. Chairman, according to the drawings that were submitted to our department, the edge of the pool is 38 1 from the property line. Mr. Evans That s from the edge of the pool, and the deck would go beyond that. Mr. Miller The deck would go a little bit beyond that, but the pool is 38 1 from the property line. Mr. Lucas We d still have 20 or more feet. We had three little boys at one time. Mr. Evans So we appreciate you coming and making a comment. The Board weighs all the comments that are made by people in the area. Again the applicant does have the ability to do it without a variance so that would be an option for them. Is there anyone else who wants to speak? Please come forward sir, and we ll ask again that you give us your name and address? Mr. Zajac Ray Zajac, 20009 Hawthorn Lane. Your last comment brings up the subject of my letter. I hope you all have it. In that the zoning restrictions as they are written, the size of the pool can be adequately built without this variance. When I purchased this property, or when I moved out there in 1973, I thought, What wonderful zoning restrictions, this is. I can t build within 12 of my property line. No one has, this is the first deviation needed. This is setting a precedent. It could possibly mean other variances will be requested for buildings or second garages in the back of the yard up to the property line. Normally a pool should have, and I don t know the zoning rule on a pool, but they have to restrict people from sneaking in. What s the height of that fence? I don t know, but if that fence is in that 12 variance, then it obstructs the neighbor to the north. They could move this very easily 10 or 15 to the south, and it would be well within the zoning. So I didn t realize that you would consider recommending it. I respectfully suggest that they property owner s pool be built to abide by the zoning restrictions as written. Thank you. Mr. Evans Thank you Mr. Zajac. Is there anyone else who wants to speak against the granting of the variance? Please come forward. I don t believe that we had you sworn in. So if there is anyone else in the audience that is going to want to speak on any issue, we d like to get everybody else sworn in at once. So if there s anyone that needs to speak, please stand with the young lady back there, and our Assistant Law Director will swear you in. Mr. Kolick then stated the oath to those standing. Mr. Evans Thank you, and the young lady in the white sweater, if you ll come on up front. We ll need your name and address please.
Page 11 of 22 Mrs. Deshields Angie and Bob Deshields, 11106 Fawn Meadow. We live right behind them. We do not want to see this pool go in, in-ground or above-ground; we ll be looking right at it. They ll have to take down too many trees, and this is why we bought the house 25 years ago, for the privacy. I think it ll be very invasive and we just don t like the idea. Mr. Evans Okay, Mrs. Deshields I just want to make sure that again I point that they can build a pool according to City Ordinances, and they could do it without getting a variance. At that point this Board is only looking at the variance being granted which is for positioning. So if they change the position of it, at that point, the Ordinances of the City of Strongsville would allow them to construct a pool. I just want to make sure that you understand that what we can do is limited because it only pertains to the variance. Mrs. Deshields I understand, but the property value is just everything. I don t understand where it s going in. Mr. Deshields I m not sure exactly where this pool is going to be placed. I haven t seen any kind of map or plot. I do know this, when we moved into our property it was beautifully wooded on his side of the property line. It was really very pleasant. Lots of trees were cut down, and I think it detracts from our property and his for that matter. He still has all that cut lumber laying in his backyard, and that s not very attractive either. I don t know how it ll sit with that pool. Mrs. Deshields Especially if you cut down even more trees, he s going to have to cut down a lot. We re going to be right within eye shot, and it won t be quiet. We re just totally against it, and I know most of the neighbors around us also are. Thank you. Mr. Evans We appreciate you coming and talking with us, is there anyone else who would like to speak against the granting of the variance? Sir, would you please come up forward to the microphone, and give us your name and address for the record. Mr. Moscarino Charlie Moscarino, I live at 19408 Tawny Brook Lane. Tawny Brook is on the corner of Tawny Brook and Fawn Meadow, which is behind where they are building the pool. I realize that this all has to do with a variance, but I ve lived there for 28 years and all of our backyards are wooded. They all form together in a valley. On a hot summer night, everything echoes right through that valley. When the trains roll by, it s as if it s coming right through our windows. If there are dogs barking, it s as if they are in your own backyard. I know this has nothing to do with anything here, but I wanted to speak for the privacy of our neighborhood. It has nothing to do with the variance, but I wouldn t like to see the pool go in there because of the noise it ll cause. I had kids, two boys; I know what it s like. I know if there s a pool in the backyard area where they re going to put it, it ll echo through everybody s backyard. Right now the neighborhood is a very nice place to live. That s all I have to say. Mr. Evans Thank you Mr. Moscarino. Is there anyone else that would like to speak against the variance? Would you come forward please? Would you be so kind as to give us your name and address?
Page 12 of 22 Ms. Ted My name is Joan Ted, my address is 10741 Meadow Lane. I live off to the side and behind them to the north side. I don t think the variance should be granted. I think it s going to cause a problem in front, because it won t look very attractive the way they are building it. The noise is something I worry about, and the property values. We have a neighborhood pool that is about two blocks from us, and its empty all the time. You can have a party there anytime you want. It does close at 8:30pm or so, but you can have a picnic there as well. I don t understand why they need a pool in their backyard because it will echo. It echoes on Halloween when the Halloween music is playing. It sounds as if it s coming from in front of my house or around my house. It echoes all through the back, and the back is beautiful. It will hurt our property values, I think. I just wanted to say that. Thank you. Mr. Evans Thank you Ms. Ted, we appreciate you coming forward. Is there anyone else that would like to speak against this variance? Is there anyone who would like to speak in favor of the variance being granted? Okay, Mr. Foster, could you come back up? Then we will close the public hearing portion of the meeting, which means that we will entertain your request to table the motion, if that s what you wish to do. We suggest you have copies of the plans made so the applicant can give copies to those people who have spoken here tonight. That may help to bridge some of the gap. Unfortunately when we send out the notices, we don t send a plan with it. Often people don t know because we get the map for the Board of Zoning Appeals to look at, but they don t see a plan. They could go to City Hall, but if they work like I do, it s often tough to get to City Hall Monday through Friday when the Building Department is open. Having extra copies made, may help the cause. Then we will reschedule you for the next meeting which is October 8 th, and carry it over to that agenda. At this point, you ve heard the public hearing portion so you know roughly what the objections are so you may want to go to work on that with the residents to see what you can do. Thank you very much. Mr. Foster Certainly I ll do that. It sounds very good. Thank you. Mr. Rusnov One more thing, the letter from the contractor says that there is no Homeowners Association. That is incorrect. Mr. Evans So what you re saying is that there is a Homeowners Association. They may not be a member of that Association, but there is one. Mr. Rusnov Yes. Mr. Evans Thank you, Mr. Rusnov. Mr. Evans Kathy, please ask the applicant to give us a copy of his title policy so that we can see if the property is governed by a home owners association.
Page 13 of 22 4) CLIFFORD AND LISA KIME, OWNERS Requesting a 10 Setback variance from Zoning Code Section 1252.15 (a), which requires a 20 Setback from the main dwelling and where a 10 Setback from the main dwelling is proposed in order to construct an 8 by 8 Accessory Building; property located at 20434 Prairie Meadows Place, PPN 391-26-030, zoned R1-75. Mr. Evans That takes us to item number four on our agenda, which is Clifford and Lisa Kime. Please come forward. If you d be so kind as to give us your name, address, and a quick description of the variance request? Mr. Kime Yes, I m Clifford Kime, I will be moving to 20434 Prairie Meadows Place. We are looking for a 10 variance on an 8 by 8 shed. That s 10 from the house, because that is as far as it can go without encroaching an easement that is for a sewer has. It s also put in a place thats best aesthetically for the neighborhood. It s out of the way, and out of sight. Mr. Evans We all agreed in Caucus that your property is very pretty. We ve all been out to visit it. Are there any other comments or observations? No? Alright, so being a public hearing, is there anyone in the audience who would like to speak against the granting of this variance? Is there anyone in the audience who would like to speak for this variance? Hearing none and seeing none, I will entertain a motion. Mr. Kolick Normally we require some fire-rated drywall if it s within that 20 area. Mr. Baldin I was going to bring that up, but I think we already had a ruling on that at our last meeting, didn t we Mr. Miller? Mr. Miller The Board has the authority make any request they deem necessary to approve the variance. Mr. Evans At our last meeting, we did talk about that, Mr. Baldin. So if you want to expound on that at this time, go ahead. Mr. Baldin Mr. Kime, what are you planning to put in your shed? Mr. Kime I plan to put my lawn mower and snow blower inside the garage. It ll mostly have garden tools in it, and things like that. Mr. Baldin Will there be any gasoline products in there? Mr. Kime We re not planning to, I guess there could be. If you would insist on that, we would do it. For the most part the gas will be in the garage with the lawn mower and snow blower. Most of it will be garden tools, the wheel barrel, and things like that.
Page 14 of 22 Mr. Baldin If we require a fire-rated material, would it have to be on all sides? Or would it just have to be on the side against the house? Mr. Evans We could do it either way. In the past, we ve said all the walls need to be done. The cost of that drywall is relatively inexpensive compared to other options that we might exercise. Mr. Baldin It s a relatively small structure, 8 by 8. Mr. Kime Yes, you re not talking about a large structure. I don t have any problem with that. Mr. Baldin I think to play it safe that should be something that we require. Mr. Evans Okay. I will entertain a motion from someone, and that may be included in the motion. Mr. Baldin Mr. Chairman, I would like to make a request on a motion to approve a 10 Setback variance from Zoning Code Section 1252.15 (a), which requires a 20 Setback from the main dwelling and where a 10 Setback from the main dwelling is proposed in order to construct an 8 by 8 Accessory Building; property located at 20434 Prairie Meadows Place, PPN 391-26-030, zoned R1-75; also to be noted that we are requesting that fire-retardant drywall be placed inside the shed. I understand that Mr. Kime, the applicant, has said that he has no problem doing that. Mr. Kolick Mr. Chairman, just so the motion shows subject to use of fire-rated drywall as opposed to request. Just so we are clear on the motion. Mr. Evans Is there a second? Mr. Houle Second. Mr. Evans Thank you Mr. Houle. May we have a roll call please? ROLL CALL: ALL AYES: MOTION PASSED Mr. Evans Mr. Kime, your variance has been granted. There is a 20 day review period during which time council has the authority to review that approval. You ll be notified by the Building Department when that permit is available. Thank you very much. Mr. Kime Thank you very much. 5) ELIZABETH NOWAK, OWNER Requesting a 2.7 Side Yard Setback variance from Zoning Code Section 1252.05, which requires a 5 Side Yard Setback and where a 2.3 Side Yard Setback is proposed in order
Page 15 of 22 to construct an Addition; property located at 15742 Sassafras Drive, PPN 395-14-043, zoned R1-75. Mr. Evans Next on our agenda is number five, Ms. Nowak. Could you come forward, and give us your name, address, and a brief description of the request? Ms. Kime I m Elizabeth Nowak, I live at 15742 Sassafras Drive. I m requesting a 2.7 side yard variance because of the unusual shape of my lot. Mr. Evans Okay, and this is for putting an addition on the house. Does anyone have any questions, observations, or comments? Mr. Baldin I would have to make a comment that it is a very unusually shaped lot. I think you re pretty well secluded around there. I don t see a problem with it. I think what you ve done there so far looks very nice. Mr. Evans Okay, this is a public hearing, is there anyone who wishes to speak against the granting of the variance? Would you come forward please, and give us your name and address? Mr. McNeely I m Michael McNeely, Sr. I live at 8795 Groveside Dr. which is where the addition will butt up against the back of my yard. It s already a tight squeeze, and there is a tree right there. Will it be along the side of her house by the garage, or will it be on the other side? Mr. Baldin Will that tree have to come down? Mr. Evans Why don t you come up and see the drawing? It ll give you a better idea. There are two additions. One does not require a variance, and the other does. If you take a look at that, it ll help you see where it ll be. We have a lot of unusual layouts in Strongsville. Because of the way the code is written, often times variances are required in very unusual positions where just the corner of an addition will create a variance request. Does that answer your question as to where she s going to put it? Mr. Miller - When you re looking at the house, it is on the left hand side, which is noted on the plan as the new office addition. Mr. Baldin I was surprised when I looked at the property. As a matter of fact, I went back around, and looked at the trees. I said, Hey there was an extra lot here. I guess that s your property though on the other side. It looked like an additional lot, only that must the back of your property, right? Mr. McNealy The trees are probably too close to the property line already, those pine trees. In fact, I think they are planted on my property line, but it s been 31 years so that s alright. I don t know if I want to be even more encroached on the back of my yard. Mr. Baldin Who put those trees in?
Page 16 of 22 Ms. Nowak Those are my trees. They re right on my lot line. Mr. Baldin Right and it sort of blocks everything. Mr. McNealy They should be set back on the other side of the property line. Mr. Baldin Are you going to take those trees down? Mr. Evans So at this point, the variance request is 2.7. So she could build the addition. It s just a question of where the placement or the side of it will be. So your objection is that is it s coming closer to your property? Mr. McNealy Correct. Mr. Evans Ms. Nowak would you come back to the microphone? Ms. Nowak The way that they are building it, one of the walls would have to be on an angle. That s the problem. When you re doing the construction, the gentleman said it would be very hard to do that wall on an angle. That s why we re asking for the variance. Mr. McNealy Where s the deck going to be? Ms. Nowak There s no deck. Mr. McNealy There s a deck behind the house. Mr. Kolick We can t have you converse. If you have a question, feel free to come up to the microphone. You can ask a question, and then the applicant can answer. Mr. Evans So you re thinking there s a deck. Mr. McNealy - There is a deck back there. Mr. Evans Okay, but we re not talking about that. Mr. McNealy I m asking what s going to happen, because where that s proposed seems to interfere with where the deck is currently. Or is it building around the deck? I don t understand. Ms. Nowak We put stakes out where it s going to be. It s not affecting the deck at all. Mr. McNealy Okay, I saw those stakes. Okay, so it s right along the side of the garage. You re going to take out the entry side door, and you re going to build around that garage? Yes, that s too close to my property. I ve had some issues already where they ve had landscapers come and drive their tow motors on my property because they can t get through to hers, and they said, We ll repair your lawn later. Well, they should ask me first before they just come and
Page 17 of 22 drive across my lawn, and if I want it repaired. Now it s not going to have any room. I don t want to be a problem about this, but I d like to keep my boundaries. Keep the distance, so it looks nice. I m sorry, but it s just too close to my property. Mr. Evans Okay, thank you. Is there anyone else in the audience who wishes to speak? Then, Ms. Nowak, would you come back and address that? Ms. Nowak I don t know what to say, we re going to build either way, it ll just be very hard for the construction to do the thing on an angle, and it s not going to look as nice either. I haven t seen him out in the yard in 31 years so I don t know what he s saying. Mr. Evans One of the options we have is that we can go ahead and make a decision on it tonight, or as the gentlemen with the pool opted to do, if you wanted to table it we would conclude the public hearing. Then if you wanted to talk with your neighbor and see if there was a work-around that would meet both of your needs, that s also an option you can do. Otherwise, we can go ahead and vote on it this evening. It s as you wish. Ms. Nowak Vote on it. Mr. Evans Okay, any other comments from the members of the Board? Mr. Baldin Mr. Chairman, I just asked Mr. Miller to give me an idea of how big the proposed new addition is going to be. Mr. Miller I have a figure of 330 sq. ft. for the proposed office addition. Mr. Evans Okay, any other questions from Board members? Then I ll entertain a motion? Mr. Houle Mr. Chairman, I make a motion that we approve a request for a 2.7 Side Yard Setback variance from Zoning Code Section 1252.05, which requires a 5 Side Yard Setback and where a 2.3 Side Yard Setback is proposed in order to construct an Addition; property located at 15742 Sassafras Drive, PPN 395-14-043, zoned R1-75. Mr. Baldin Seconded. Mr. Evans I have a motion, and a second. Can I have the roll call, please? ROLL CALL: MR. RUSNOV - YES MOTION PASSED MR. HOULE - YES MR. EVANS - N0 MR. BALDIN - YES
Page 18 of 22 Mr. Evans The variance is granted. You have a 20 day waiting period while the City Council has the opportunity to review all the decisions we make here at the Board of Zoning Appeals. You ll be notified by the Building Department when the building permit is available. So you are all set. Thank you. Mr. Baldin Ms. Nowak, would you like these copies of the prints? We don t need them, and I know they are expensive. Ms. Nowak Yes they are, thank you very much. 6) JAMES PTACEK, OWNER a) Requesting a variance from Zoning Code Section 1252.18, which permits one (1) accessory building and where three (3) accessory buildings are proposed in order to approve an existing Treehouse; b) Requesting a variance from Zoning Code Section 1252.18, which permits one (1) accessory structure and where three (3) accessory structures are proposed in order to approve an existing Basketball Court; property located at 18052 Benbow Road, PPN 399-22-009, zoned R1-75. Mr. Evans Number six on our agenda this evening is James Ptacek. I believe Mr. Giovinazzi, we have you back again? Mr. Giovinazzi You do, Brian Giovanazzi, 20685 Chestnut Drive, Strongsville. I m representing Mr. Ptacek, and we are now asking for two variances, one for the basketball court and one for the treehouse. Mr. Evans Okay, we ve all been out there. We carried this over from last time when we had a public hearing, and we needed to clear up some things. We do have the permission of the owner, Mr. Ptacek, if the process goes forward with granting the variance, to expose footers and determine whether or not that was installed correctly. Mr. Giovinazzi You do. Mr. Evans I believe, Mr. Miller, that we would still need to have a little bit more information than the drawings submitted had on the treehouse, because they are not actually in an approval format. I m sure Mr. Giovinazzi would be able to do that if we moved forward with the variance. Mr. Giovinazzi That is correct. Mr. Evans Okay, are there questions or comments from the Board members? I do need to note for anyone in the audience here that we did a public hearing already, so we re not actually doing the public hearing during this.
Page 19 of 22 Ms. Zamrzla Actually since there is a new variance, you would have to do another public hearing. Mr. Evans We have to do one for the new item? Okay. So item B was added so we do need to do a public hearing, and in that the agenda reflects buildings and it should actually be structure, and structures that would replace it. Is there anyone in the audience who would like to speak against the granting of the variance? Is there anyone who would like to speak in favor? Would you come forward, sir, and give us your name and address? Mr. Bogucki Good evening, my name is Dean Bogucki, I live at 18492 Benbow Road. First, I m here to speak for you to grant to this variance for our neighbor. It was very nice to see the Board last week move along the first reading even though the homeowner wasn t here. I also noticed in the second reading that there was no basketball permit. I also saw you table the meeting at that point, and you did not allow for a public hearing at that point, because it was tabled prior to that. I wanted to clarify that. I thought the process here has been wonderful seeing that the Board wants to pass variances. The only issue I have is that I was here a year ago trying to get a variance, and I felt as if I had to build my project by code, or it would not be built at all. At my second reading I decided to rescind the request for a variance because I felt as if I wasn t going to get a permit because of that. I always thought that when you come and ask for a variance, if it s not out of the ordinary, and it doesn t present a safety hazard, and none of the neighbors object to it, that it s okay and we go on our way. Once again, we are for our neighbor being granting this variance, so thank you very much. Mr. Evans Thank you Mr. Bogucki. You are correct, we did not do a public hearing at the last meeting, and I went back and looked at the minutes. So you are correct, we tabled it without one as far as our normal process. The Board of Zoning Appeals is able to grant variances, and the reasons we grant them are very specific in the code. We try to mitigate variances simply because we feel the code should be followed. However when there are circumstances that are appropriate, and they are within the reasons we can grant variances, we often times do that. We try to do it on a consistent and fair basis for the citizens of Strongsville. This evening s requests for the variance, yes, it s an unusual situation, but most of the variance requests that we have are unusual situations just by the nature of granting variances. Mr. Bogucki Right. I know mine is a different issue, so I m not talking about mine here. I just wanted to say along that line, seeing the difference between then and now, and I like what I m seeing right here. Consequently I did not build the project because of that, and I don t know what to do. I would like to have it the way I have it designed, but I don t know what to do. I don t know maybe I should go talk to the Building Department and go from there. I m looking for the Board to help. That s all I m asking.
Page 20 of 22 Mr. Evans Come talk with the Building Department, and they ll get you through the process as best it can. We can t, as you may know, grant every variance. We try and work with people, and try to get people to understand that doing variances, as we did with the parking lot variance tonight, we went from three requests down to one because we thought that was a better way of doing it. We don t have all the answers, but we try to do the best we can. Mr. Bogucki That s wonderful, thank you very much. Like I said, good luck, I think the tree house looks awesome. The basketball court is cool too. Thank you. Mr. Evans Thank you. Alright is there anyone else who wishes to speak for the granting of the variance? Then I would entertain a motion. Mr. Baldin Mr. Chairman, I d like to make a motion for the request for a variance from Zoning Code Section 1252.18, which permits one (1) accessory building and where three (3) accessory buildings are proposed in order to approve an existing Treehouse; and (b) requesting a variance from Zoning Code Section 1252.18, which permits one (1) accessory structure and where three (3) accessory structures are proposed in order to approve an existing Basketball Court; property located at 18052 Benbow Road, PPN 399-22-009, zoned R1-75. I would like it to be approved, but I would also like to make a comment that I m not exactly enthused with the fact that the gentlemen put all these things up without a permit. Mr. Evans Thank you, Mr. Baldin, is there a second? Mr. Rusnov Second. Mr. Evans Second, Mr. Rusnov. May we have a roll call, please? ROLL CALL: ALL AYES: MOTION PASSED Mr. Evans At this point, Mr. Giovinazzi, I will remind you that there is a 20 day waiting period in which council has the opportunity to review. Once that is approved by the Building Department, and then they will make the arrangements for doing the inspections of the footers and everything else. I should mention too that there is a penalty fee that the Building Permit is twice what it normally is because it s after the fact that it s established. Ms. Zamrzla Three times. Mr. Evans Three times, sorry. Alright, thank you very much. Mr. Giovanazzi Thank you. 7) HPG WOOD PRODUCTS LLC, OWNER:
Page 21 of 22 Requesting a 5 Side Yard Setback (East) variance from Zoning Code Section 1252.05, which requires a 10 Side Yard Setback (East) and where a 5 Side Yard Setback (East) is proposed in order to construct a Single Family Dwelling; property located at 10650 Rosalee Lane, PPN 398-12-053, zoned R1-75. Mr. Evans Alright, last on our agenda this evening as item number seven is HPG Wood Products. Would you come forward please and give us your name and address for the record? Mr. Lipovits Good evening, I'm Paul Lipovits, I live at 35620 Grafton Easton Road, Grafton, Ohio. We re here asking for a 5 side yard setback on the east side of the house we re proposing to build. It s Sublot 1, Rosalee Lane. We were here in July, and we asked for a 6 variance on the west side which you have granted, but as it turns out, we need an extra 5 on the other side which butts up against green space. In that green space there s a mound, and then a road. So it s approximately 60 or 70 from the mound, and then probably close to a 100 from Albion Road. There s nothing else there. Mr. Evans Mr. Houle, in Caucus you made the observation we still had the letter from Pine Lakes which approved the work from the Homeowner Association. At this point, we already went through the process with them on the other variance, so this is a public hearing. Is there anyone who wishes to speak against the granting of the variance? Anyone who wishes to speak in favor of granting the variance? Seeing no one and hearing no one, I will then entertain a motion. Mr. Houle Mr. Chairman, I make a motion that we approve a request for a 5 Side Yard Setback (East) variance from Zoning Code Section 1252.05, which requires a 10 Side Yard Setback (East) and where a 5 Side Yard Setback (East) is proposed in order to construct a Single Family Dwelling; property located at 10650 Rosalee Lane, PPN 398-12-053, zoned R1-75. Mr. Rusnov Second. Mr. Evans Mr. Rusnov has seconded. May we have a roll call please? ROLL CALL: ALL AYES: MOTION PASSED Mr. Evans Thank you Mr. Lipovitz, the variance has been granted, we did say back in Caucus that we appreciate that you are one of the good builders that we have in town, and the houses that you build, and the people you have taken care of. We wish you well on this project, and thank you for coming before us. Mr. Lipovitz Thank you, have a good evening. Mr. Evans Is there anything else for the agenda this evening, gentlemen? Then this meeting will stand adjourned. The meeting was adjourned at 8:47 p.m.
Page 22 of 22 Signature on File Signature on File October 8, 2014 Mr. Evans, Chairman Kathryn A. Zamrzla, Sec y Approval Date