Board of Zoning Appeals

Page 1 of 3 VILLAGE OF CHAGRIN FALLS BOARD OF ZONING APPEALS August 22, 2023 Members present: Fricke, Rockey, Holdren, Hijar Members absent: Freshman-Johnson Also present: Jamieson, 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. ADAM JACOBS, SPECIFICALLY AT 69 CARRIAGE STONE DRIVE, PERMANENT PARCEL NO. 932-26-023 – REQUEST A VARIANCE TO SECTION 1125.04(B)(3) AREA, YARD, AND HEIGHT REGULATION; ACCESSORY BUILDINGS AND STRUCTURES; DRIVEWAYS Mr. Jamieson shared that this application is proposing to expand the driveway and make a circular driveway which would have the pavement extend across the front of the house and then exit onto a new secondary egress area on the north side of the property. This requires a variance to Section 1125.04(b)(3) Area, Yard, and Height Regulation; Accessory Buildings and Structures; Driveways requires that the amount of improved area designed for parking and driveways in each setback shall not exceed twenty-five percent (25%) of the front yard. The existing front yard area is 6,935 square feet. The existing and proposed expanded driveway is 2,526 square feet, which equates to 36.4% lot coverage. The proposed driveway expansion is 11.4%, or 792 square feet, over the required maximum improved area allowed for a driveway. Ms. Hijar: “ I'd like to make a motion to approve a variance regarding a permanent parcel number 932-26-023 located at 69 Carriage Stone Drive. The owners are seeking variance to section 1125.04(B)3 which prohibits driveways from exceeding 25% of the front yard in order to expand their driveway in a shoe shape which would exceed the permitted size by 11.4%. This variance would yield a reasonable return by increasing safety and convenience to drivers and especially to pedestrians and would increase the value of the house. The variance would not be substantial as only an 11% increase in the driveway, his plan, and the owner has modified the size to decrease it  Page 2 of 3 from its original plan. The character of the neighborhood isn't altered. There are several homes on Carriage Stone that have horseshoe driveways. It would not adversely affect government services. I believe in the notes, it indicates the property owner was not aware of this restriction. Don't believe the property owner's predicament could be, or we couldn't decrease the size of the horseshoe. So, the variance is needed. Spirit of the code would be observed. And I don't believe the circumstances are created by the owner. So yay, thank you.” Mr. Fricke: “Is there a second to the motion?” Mr. Holdren: “I second.” Mr. Fricke: “Ok, roll please.” Mr. Jamieson: “Alright, Rockey?” Mr. Rockey: “ I’m gonna go aye for the reason stated, but I am gonna urge the property owners to get with the village before they install their drains to make sure that the sidewalk discussion that's going on that side of the street would not be affected, would not affect your drains. So just take a look at that with CT and just make sure that something…” Mr. Jacobs: “So you would like to drain further up away from where the sidewalk?” Mr. Rockey: “I just, I would hate for you guys to get this in and then us to come around next year to put sidewalks in and have to rip your drain out and replace it. So, let's just make sure those things don't interfere with each other.” Mr. Jamieson: “Fricke?” Mr. Fricke: “ I too would vote aye. I'm not willing to say this is not substantial. I think 11.4% may be a substantial request. However, I find compelling the factors specific to the property and that this is a busy road, that there is no parking on the road, that five to six other people in the block have a similar driveway. The drainage on the property slopes back away from the road in addition to the property owners going with adding some drains. So, I think those are all factors that weigh into my decision. So, I would vote aye.” Mr. Jamieson: “Hijar?” Ms. Hijar: “Aye for the reasons stated.” Mr. Jamieson: “Holdren?” Mr. Holdren: “Yeah, I vote aye for the reasons stated. I think safety is the biggest issue that swayed me that this is gonna be, it's not, it's a substantial variance, but it's not, we've seen how bigger. And I think, I think this is a good design that fits the neighborhood and it's gonna definitely increase the safety.”  Page 3 of 3 Mr. Fricke: “ So what happens now is that it's obviously a pass 4-0. We do wait by code 15 days. Council has 15 days within which to entertain a possible re-hearing of what we just did. I never predict those kinds of outcomes, but I would say with a 4-0 decision here, it'd be pretty weird or unusual I should say for council to entertain a rehearing of this. So basically, what that means is congratulations. You wait 15 days; Rob will notify you when the 15 days has passed. If there's been no further action taken by council, then you're good to go. MISCELLANEOUS None. ADJOURNMENT The meeting was adjourned at 7:58 p.m. Wade Fricke, BZA Chair GCS