Board of Zoning Appeals

Page 1 of 5 VILLAGE OF CHAGRIN FALLS BOARD OF ZONING APPEALS April 5, 2023 Members present: Freshman-Johnson, Fricke, Hijar, Holdren Members absent: Rockey Also present: Jamieson, Cribari, Matheny The meeting was called to order at 7:30 p.m. by Mr. Fricke. Mr. Fricke gave a brief introduction to the meeting and the general routine of how BZA meetings are run. APPROVAL OF MINUTES None. SWEARING OF WITNESSES All were sworn in. CHAGRIN FALLS HISTORICAL SOCIETY, SPECIFICALLY AT 95 EAST WASHINGTON STREET, PERMANENT PARCEL NO. 931-08-014 – REQUEST A VARIANCE TO: SECTION 1125.04(a)(2) AREA, YARD, AND HEIGHT REGULATIONS; ACCESSORY BUILDINGS AND STRUCTURES, SECTION 1125.04(a)(6)(A) AREA, YARD, AND HEIGHT REGULATIONS; ACCESSORY BUILDINGS AND STRUCTURES, AND SECTION 1125.04(a)(6)(C) AREA, YARD, AND HEIGHT REGULATIONS; ACCESSORY BUILDINGS AND STRUCTURES. Mr. Jamieson introduced the variance request and explained the proposed project. The Historical Society would like to build a new detached barn/display structure. The variances needed for this project are as follows: • A variance to section 1125.04(a)(2) area, yard, and height restrictions; accessory buildings and structures. A variance of 604 square feet would be required. • A variance to section 1125.04(a)(6)(A) area, yard, and height restrictions; accessory buildings and structures. A variance of 6 feet would be required. • A variance to section 1125.04(a)(6)(C) area, yard, and height regulations; accessory buildings and structures. A variance of 7 feet and ½ inch would be required. Mr. Philip Keopf shared on behalf of the Historical Society. He explained that the Historical Society used to own the house next door, but the properties were separated for a short time. A few years ago, a resident purchased the house and gifted it back to the Historical Society. The current garage on the property is in disarray and needs work. They planned to house the old police car they  Page 2 of 5 currently own but have received other donations they wish to display in the barn space, which would require a larger area than allowed. Mr. Keopf does not want to make the barn too large as he wishes to keep it as historically relevant as possible and wants it to actually look like a barn. Mr. Fricke asked if the Historical Society has spoken to the neighbors or the school about the plan to build this barn. John Bourisseau, President of the Historical Society, shared that he spoke with Mr. Chris Woofter who is the property manager. Ms. Freshman-Johnson asked about the importance of storing the firetruck in this particular space. Mr. Bourisseau stated that it is difficult to store something of this size and they also plan to use the truck as a regular part of their educational programs. It would not make sense to pay for storage off site, then have to add travel anytime they wished to use the truck and then have to return it. It seems like the most logical option is to house it on site. Ms. Freshman-Johnson asked what the future plans are for the resident currently living in the other property. Mr. Bourisseau explained that the current resident plans to stay there for the foreseeable future and they are not sure what will happen after she is gone. They do not currently have any long-term plans. Ruth Zeager, Executive Director of the Historical Society, stated that she supports the project. They need storage space, and having this extra interactive space would be greatly beneficial. Omar Cabrera, 83 East Washington Street, shared that he is excited about the project! And also asked if the space will be used as exhibit space. Mr. Keopf stated that it will mainly be used for storage. Mr. Cabrera then asked if the doors would be open or closed a majority of the time. Mr. Keopf said they would mainly be kept closed. Mr. Cabrera then asked if they believe the nature of the neighborhood would be changed. Mr. Bourisseau said he does not believe it would change the nature of the neighborhood in any major way. And finally, Mr. Cabrera asked about the construction timeline. Mr. Keopf said they hope to have it completed by next year. Mr. Fricke: “Alright, who would like to make a motion?” Ms. Freshman-Johnson: “I can do it.” Mr. Fricke: “Alright, Rachel, thank you.” Ms. Freshman-Johnson: “If I can get my brain to work. I would like to make a motion to approve the variances regarding permanent parcel 931-08-014 located at 95 East Washington Street, the Historical Society in proposing to build a new accessory building which requires three variances. The first to section 1125.04 (a)(2) area, yard, and height regulations for accessory buildings and structures. They may not exceed 700 square feet, the proposed new accessory structure covers approximately 1300 square feet, requiring a variance of 604 square feet, which is calculated at 100% variance approximately. The second variance for this accessory building affects section 1125.04(a)(6)(A) also in area,  Page 3 of 5 yard, and height regulations which states that no accessory building can exceed 18 feet. The architectural board of review may approve up to 22 feet, which they have reviewed and agreed on, but also the structure will require to be 28 feet based on the requirement of what will be stored inside which creates an additional variance of only 6 feet, because ARB can go up to 22. So that is a variance of 6 feet of the 28 feet, so approximately 25%. And finally the third variance is to section 1125.04(a)(6)(C) also an area, yard, and height regulation requiring that the walls of an accessory garage cannot exceed 10 feet from the floor of the garage to the top of the side wall, and based on the size of this accessory structure, the height of the side wall is 17 feet and ½ inch, which is a variance of 7 feet and ½ inch on each side which is approximately a 70% variance. When looking at these variances the purpose and intent behind the accessory structure by the Historical Society is to be able to create storage. A typical museum of this size and this kind requires about a 70/30 artifacts to storage area, and right now they are only at potentially 60/40 and they are really in need of storage for multiple things. They have the Church artifacts that have been stored in various places, and they are looking for the Black Smith to be stored. In addition, they have recently been gifted a historical fire engine which requires additional space which has created the situation to make the accessory structure so large. The historical fire engine along with some of the other artifacts create an additional storage space, but it is also going to be used for educational programing, more interactive availability, and it is more effective to have it locally stored rather than the storage options that they have pursued which are far distances away and would be logistically cumbersome and cause them potentially not to utilize this for their effective programming of children in the area for their learning and development of the history of Chagrin Falls. Therefore, without storing it on site, they would not yield their expected impact that they would like to have with all these wonderful, historical artifacts that they need spaces to be stored. The variance is quite substantial, which is probably the focus of the factors here today as we discussed. But this is a unique property, it is owned and will forever be owned by the Historical Society, it is not intended to one day be turned into anything but historical support for what the Chagrin Falls Historical Society is trying to accomplish in their delivery. The essential character of the neighborhood is being upheld by creating architecture that fits the time period and the structure as presented by the architect here today and choosing good time period architecture, as well as landscaping and colors that would fit into the neighborhood. It is also being placed into a property that would not impact direct neighbors because of where its located, more towards the other building, which is also Historical Society owned not residential. The placement of this new structure would not adversely affect the delivery of governmental services that are needed, in fact it might actually help gain access to these artifacts as needed. The property owner purchased the property, of course knowing that this accessory structure might need to be built, but many of these decisions and issues have come about with recent donations and opportunities that the Historical Society has come about, so it was not a factor when the property was purchased. We have talked about other storage options, which are just not effective when it’s such a far distance away and not locally stored. The spirit and intent of the zoning would be observed by supporting this to support the Historical Society’s impact on our community and future education of the history of Chagrin Falls.”  Page 4 of 5 Mr. Fricke: “Is there a second?” Mr. Holdren: “Second.” Mr. Fricke: “Rob, roll please.” Mr. Jamieson: “Motion by Freshman-Johnson, second by Holdren. Hijar?” Ms. Hijar: “That was long (laughter). Aye for all those reasons stated. I think this is a justly variance and I don’t think it will take away from the neighborhood, in fact I think it will add to it and it just makes sense.” Mr. Jamieson: “Holdren.” Mr. Holdren: “I vote aye for the reasons stated. I think most of the variances we look at are for an individual that wants something, and this is for the Historical Society of all of Chagrin. It is very nicely designed and its going to house the fire truck. I vote aye, I think its a great project.” Mr. Jamieson: “Freshman-Johnson.” Ms. Freshman-Johnson: “The size of this was for sure, its big, and you know you always look at plans and think, its not that big, but this is gonna be big and I know Woofter was like ‘Oh its fine, do whatever you want’ but I think he is gonna be like god that barn is really big, I just know how that works. So, I was a little hesitant at first, I obviously know what you are trying to do, I think the cause is there. That’s why I was asking about the ownership of the property, I think its really important that this never becomes residential location where you all of a sudden have this, basically second house there, starts to become opportunistic for things we probably wouldn’t want and that would be against code intent. I am voting aye, I think it’s for the purpose of the Historical Society and I understand that when it’s there you use it and when it’s not you don’t, and you wouldn’t take advantage of it as we all do in other things. Be cautious as you go through this and begin altering things, you know, the red would be a bad choice because it is going to be large, and it would be great to blend into that backyard neighborhood really well. But, for the reasons in the motion I vote aye.” Mr. Jamieson: “And Fricke.” Mr. Fricke: “I vote aye as well, I feel compelled because we are a public body, we create a public record and other people look at our decisions. To at least state some additional things, I agree with Rachel, these are highly substantial variance requests, 100%, 25%, and 70%. I do take that very seriously, however, there has really been no evidence of detriment to the neighborhood from the schools or the neighbors, appreciate one of the neighbors being here. I think the essential character of the entire community, not just the  Page 5 of 5 neighborhood will be enhanced by this. I think it is a very unique property, I think the ownership is very unique, so for those reasons I would not put as much weight on the significance of the request and vote aye.” “So, what that means is, your request has passed. The council has 15 calendar days within which to have any member of council propose to rehear any of what we have just heard. I have learned to never say never on any of this stuff, but it would be very unusual to see a 4-0 decision brought before council to be reconsidered, but that’s not my call. So, I always feel compelled to let you know that that’s a possibility. You will know close to the 15th day if not on the 15th day, Rob will let you know if no appeal has been made at which time you will have the approval you need to move to the next step. So, that’s it. You have it and you should hear after the 15 days, and you are good to go.” MISCELLANEOUS Mr. Fricke asked Mr. Jamieson about the process for signing minutes. Mr. Jamieson said he would look into it and let everyone know. ADJOURNMENT The meeting was adjourned at 8:17 p.m. ____________________________ Wade Fricke, BZA Chair MNM