Board of Zoning Appeals

Page 1 of 3 VILLAGE OF CHAGRIN FALLS BOARD OF ZONING APPEALS June 27, 2023 Members present: Loomis, Rockey, Holdren, Hijar Members absent: Fricke, Freshman-Johnson Also present: Jamieson, Cribari, Markowitz The meeting was called to order at 7:31 p.m. by Mr. Rockey. Moved by Mr. Holdren, seconded by Ms. Hijar to nominate Andrew Rockey as temporary chairman for this meeting. Carried. Ayes: Holdren, Rockey, Loomis, Hijar. Nays: none. Mr. Rockey gave a brief introduction to the meeting and the general routine of how BZA meetings are run. APPROVAL OF MINUTES Moved by Mr. Holdren, seconded by Mr. Rockey to approve the minutes from January 31, 2023. Carried. Ayes: Loomis, Rockey, Holdren, Hijar. Nays: none. Moved by Mr. Rockey, seconded by Mr. Holdren to approve the minutes from April 5, 2023. Carried. Ayes: Loomis, Rockey, Holdren, Hijar. Nays: none. SWEARING OF WITNESSES All were sworn in. ROBERT & MARY JO WEBER, SPECIFICALLY AT 269 BENTLEYVILLE ROAD, PERMANENT PARCEL NO. 932-02-001 & 932-02-002 REQUEST A VARIANCE TO SECTION 1125.04(D)(2) AREA, YARD, AND HEIGHT REGULATION; ACCESSORY BUILDINGS AND STRUCTURES; RECREATION COURTS Mr. Jamieson shared that this application is proposing to install a pickleball court in a lot adjacent to his house. Both properties are owned by Mr. Weber and are considered in the same development area. The application includes both parcels and requires a variance to Section 1125.04(d)(2) Area, Yard, and Height Regulation; Accessory Buildings and Structures; Recreation Courts which requires that tennis, basketball, and other recreation courts shall be located only in rear yards and shall be set back from each lot line a minimum distance of ten feet as measured either from the enclosing fence or, if no fence is required, from the edge of the court surface. The proposed pickleball court is located in the required front yard of the development area (which includes both parcels). An area variance would be required to this section.  Page 2 of 3 Mr. Holdren: “All right, well, I would like to make a motion to grant a variance for 269 Bentleyville Road to the section 1125.04(D)(2) the applicant is wanting to build a pickleball court in their front yard and pickleball courts are allowed, but according to our code they need to be in the rear yard and as the owner has presented that this is a 20-acre lot, continuous lot, it's five- pillow lots, and a small 65-by-65 foot pickleball court, in the front yard is not going to be seen by any of the surrounding neighbors. The spirit of our code is to keep a pickleball court out of people's front yards and numerous neighbors are driving by, walking by. And as he presented, this will not be the case when I even be seen from the road or from any of his neighbors. I think the closest neighbor was almost 500 feet away. So, I'm looking for the Duncan codes factors. So, actually, I do think the property would still yield a reasonable return without the variance. The variance I do not think is substantial because it is a 20-acre lot, which is not many of those in chagrin. So, I think our code is written for the smaller quarter-acre lots, you know, half-acre lots, so I don't think it's substantial in this case. The essential character of the neighborhood would not be altered, as this, like I said, would not be seen really from the neighborhood. The variance would not adversely affect the delivery of governmental services. The property owner may have purchased the property knowing the zoning restrictions, but I don't think it matters in this case. And as the owner presented if he were to put this in the rear yard he would have to cut down trees and it would be in the 100 year floodplain so that would require another variance so I think this is the lesser of two variances and the spirit and intent behind the zoning code would be observed by granting this variance And I don't think, well, I guess the variance is self-created as he is opting to put this in his front yard. But I don't think that is very important in this case. So, I think the other Duncan factors are much more powerful in case that this variance is mass essential.” Mr. Rockey: “Second.” Mr. Jamieson: “Okay, motion by Holdren, second by Rockey. Loomis?” Ms. Loomis: “Aye for the reasons given.” Mr. Jamieson: “Hijar?” Ms. Hijar: “Aye for the reasons given.” Mr. Jamieson: “Holdren?” Mr. Holdren: “Aye.” Mr. Jamieson: “And Rockey” Mr. Rockey: “ Aye for the reasons stated. So, you have 10 days for anyone on council to 15, sorry. You have 15 days for any three council members to file an appeal to rehear this. So don't do anything until the 15-day window is up and then you'll be eligible to get your permit and get started.”  Page 3 of 3 MISCELLANEOUS None. ADJOURNMENT The meeting was adjourned at 7:59 p.m. Wade Fricke, BZA Chair GCS