Board of Zoning Appeals

Page 1 of 10 VILLAGE OF CHAGRIN FALLS BOARD OF ZONING APPEALS January 23, 2024 Members present: Freshman-Johnson, Rockey, Hijar, Holdren Members absent: Fricke Also present: Jamieson, Cribari, Matheny The meeting was called to order at 7:30 p.m. by Ms. Freshman-Johnson. Ms. Freshman-Johnson gave a brief introduction to the meeting and the general routine of how BZA meetings are run. ELECTION OF CHAIR AND SECRETARY Moved by Mr. Rockey, seconded by Mr. Holdren to nominate Mr. Wade Fricke as Chair of the BZA. Carried. Ayes: Freshman-Johnson, Rockey, Hijar, Holdren. Nays: none. Moved by Mr. Rockey, seconded by Ms. Hijar to nominate Ms. Rachel Freshman-Johnson as secretary of the BZA. Carried. Ayes: Freshman-Johnson, Rockey, Hijar, Holdren. Nays: none. APPROVAL OF MINUTES None. SWEARING OF WITNESSES All were sworn in. AMY BATTLES & DAVID PAYNE, SPECIFICALLY AT 51 WATER STREET, PERMANENT PARCEL NO. 932-03-038 – REQUEST A VARIANCE TO: SECTION 1125.03(F) AREA, YARD, AND HEIGHT REGULATIONS: MAIN BUILDINGS: FRONT YARD SETBACK. AND SECTION 1145.02(B) NONCONFORMING BUILDINGS AND STRUCTURES: ADDITIONS. Mr. Jamieson introduced the variance request and explained the proposed project. The residents wish to add a front porch to their home which would require the two variances below be granted: 1. Section 1125.03(f) Area, Yard, and Height Regulations: Main Buildings: Front Yard Setback, Minimum (ft.) requires a 30-foot minimum front yard setback. The existing house encroaches 17 feet into the front yard setback. The proposed new front porch extends 10 feet from the front of the house, with a front-yard setback of 3 feet. A variance of 27 feet would be required. 2. Section 1145.02(b) Nonconforming Buildings and Structures: Additions, states that a nonconforming building or other structure shall not be altered, added to or enlarged unless the additions and original building or other structure are made to conform to the yard,  Page 2 of 10 coverage and height regulations of the district in which it is located, except a nonconforming dwelling may be altered, modernized or enlarged provided the alterations and enlargements conform to all the yard regulations and setbacks. The existing house is nonconforming as it extends 17 feet into the required 30-foot front yard setback boundary. The proposed new front porch extends another 10 feet into the front yard setback. Mr. Koepf presented the project plans for 51 Water Street. They plan to replicate the porch that was on the house back when it was built in the 1830’s. The house currently has a stoop that they wish to replace with a porch. Mr. Koepf says the porch will not extend much further than the current stoop. Mr. Holdren: “I would like to make a motion for 51 Water Street to grant a variance to sections 1125.03(f) the 30-foot front yard setback. As discussed, the current house is already within the front yard setback, and they are just taking down a stoop and building a porch to mimic the porch that was there when the house was built 200 years ago and long before our code said it had to be 30 feet back from the front yard. And the variance is, I’m trying to think, is it 3 feet then? I mean 27 feet?” Ms. Freshman-Johnson: “It’s a total of 27 feet. The house exists almost 16 ft into that 27. So, it's only an additional 11 which doesn't include the footprint of the existing stoop.” Mr. Holdren: “So the motion will be for a 27-foot variance. Also, section 1145.02(b) and this just states all non-conforming buildings that are altered must be conforming and this will still not be conforming. I don't think this variance is very... Well 27 ft on 30 ft is always very substantial. But when considering the age of this house, the street it's on, it's just going back to the way it was and if we were to say no, then, you know, they couldn't put any porch on there and it'd still be a non-conforming house. So therefore, I don't think this is substantial. And that’s my motion.” Ms. Freshman-Johnson: “OK” Mr. Rockey: “Second.” Mr. Jamieson: “Motion by Holdren, second by Rocky. Holdren?” Mr. Holdren: “Aye.” Mr. Jamieson: “Rockey?” Mr. Rockey: “Aye.” Mr. Jamieson: “Freshman-Johnson?” Ms. Freshman-Johnson: “I just wanna add a little bit of commentary that in addition, to the facts we heard today they're actually rejuvenating the architecture to the gothic style that was originally built in the house. And they have made every attempt to work within that kind of architecture and design which actually revives the style of the house greater than it is today really adding to the neighborhood and the architecture we see in our town. And it's already been approved by ARB on September 5th, 2023, and with all those reasons and the reasons in the motion, I vote aye.”  Page 3 of 10 Mr. Jamieson: “Hijar?” Ms. Hijar: “Aye.” Ms. Freshman-Johnson: “Ok, so we're approved, there'll be 15 days until it's confirmed, and you'll get a letter confirming. In case for some reason somebody wants to bring this to counsel, which is kind of unlikely in this scenario, but that's how our process works, and you'll get your approval to go forward. Ok? MR. & MRS. MICHAEL & RUTH DELANEY, SPECIFICALLY AT 189 SENLAC HILLS DR., PERMANENT PARCEL NO. 932-19-083 – REQUEST A VARIANCE TO: SECTION 1125.03(G) AREA, YARD, AND HEIGHT REGULATIONS: MAIN BUILDINGS. AND SECTION 1145.02(B) NONCONFORMING BUILDINGS AND STRUCTURES: ADDITIONS. Mr. Jamieson introduced the variance request and explained the proposed project. The residents wish to add an addition to their home which would require the two variances below be granted: 1. Section 1125.03(g) Area, Yard, and Height Regulations: Main Buildings, Minimum Side Yard Setback with an attached garage, requires a minimum side yard setback of 10 feet on each side and a total of 24 feet with both sides combined. The proposed addition to the house over the existing garage has a north side yard setback of 8.8 feet. A variance of 1.2 feet would be required to the north side yard setback as well as a 5.3-foot variance to the overall combined side yard setback. 2. Section 1145.02(b) Nonconforming Buildings and Structures: Additions, states that a nonconforming building or other structure shall not be altered, added to or enlarged unless the additions and original building or other structure are made to conform to the yard, coverage and height regulations of the district in which it is located, except a nonconforming dwelling may be altered, modernized or enlarged provided the alterations and enlargements conform to all the yard regulations and setbacks. The existing house is nonconforming as it does not conform to the required side-yard setbacks. Mr. Schelhorn presented some photos and some explanation of the proposed project. He explained that they do not plan to extend the non-conforming garage any further out than it currently is, they plan to extend vertically. The addition would be a master suite for the house. Mr. Debelak (neighbor to 189 Senlac Hills) shared that he has felt that the saving grace between those houses being so close to each other has always been that the living spaces were separated by the garage. But all of a sudden, the two masters are going to be the width of the room apart. Ms. Freshman-Johnson asked if there is currently any landscaping between the houses. Mr. Schelhorn stated that there is currently none, just grass. Mr. Schelhorn shared that the windows on that side of the house will be placed high so that you cannot look from one house into the other.  Page 4 of 10 Mr. Delaney shared that they made adjustments to their plans and lowered the addition’s roof so the windows would not be at the same level. Ms. Freshman-Johnson: “Any other questions otherwise we're ready for motion.” Mr. Rockey: “Yeah, I could do this one. So, I would like to make a motion for permanent parcel number 932-19-083 into two sections of the code section 1125.03(g) and section 1145.02(b). The justifications for the variants are, it's relatively unsubstantial because there is no change to the actual footprint of the building. The zoning code is upheld because it is already an existing structure, we are just building up one story and not out. We're not taking any more of the 1.2 ft setback. There's no effect to government services, and I believe that the spirit of the zoning code is upheld. With that, I'd like to make a motion.” Ms. Freshman-Johnson: “Can I have a second?" Ms. Hijar: “Second.” Mr. Jamieson: “Motion by Rockey, second by Hijar. Rockey?” Mr. Rockey: “Aye for the reasons stated.” Mr. Jamieson: “Freshman-Johnson?” Ms. Freshman-Johnson: “I'd like to just add that the use of the space doesn't infringe on any traffic, main line site, area to either side of the neighbors and what we've seen today is the massing was addressed at the ARB to address any potential issues of massing between two houses. And I wanna make sure that that point is brought up because it is a concern of the neighbors and we wanna make sure the neighborhood is set up. But this isn't a driveway in and out, it's not a back porch where we have people outside, and it will be really self-contained because it's a part of the living area and not part of the entertainment area of the house and should have limited to no impact. Although change is always weird when you look at a new skyline of an existing property. So, we appreciate the concern. I also would recommend to the homeowners too, it seems to me in the plans, there is plenty of room for tall trees to be planted. And if that could be so thoughtful and considerate, maybe that would be something that could be part of your plan. And for all those reasons, I'll say aye.” Mr. Jamieson: “Hijar?” Ms. Hijar: “Aye.” Mr. Jamieson: “Holdren?” Mr. Holdren: “I guess it doesn’t matter, but I’ll vote aye for the reasons stated.” Ms. Freshman-Johnson: “Ok. So, the motion is approved, and it'll be 15 days in case somebody on council would like to bring this up for counsel to review an appeal. And after the  Page 5 of 10 15 days go by, you'll get a letter in the mail signaling you're approved to move forward with the project.” BENJAMIN & VICTORIA BRIGEMAN, SPECIFICALLY AT 103 RIDGEWOOD RD., PERMANENT PARCEL NO. 932-12-016 – REQUEST A VARIANCE TO: SECTION 1125.04(D)(1) AREA, YARD, AND HEIGHT REGULATION; ACCESSORY BUILDINGS AND STRUCTURES. Mr. Jamieson introduced the variance request and explained the proposed project. The residents wish to add a pool to their yard which would require the one variance below be granted: 1. Section 1125.04(d)(1) Area, Yard, and Height Regulation; Accessory Buildings and Structures, Recreational Uses, Swimming Pools, requires that swimming pools shall be located only in rear yards. The proposed in-ground swimming pool is located in the north side yard. Mr. Beam: “My name is Pat Beam, landscape architect for Ben. I'll present the plans. I am too old to read those things like this, so. This is the ultimate kind of the end game of what we're gonna be doing is there's a walk out right here and then there's the upper terrace and another upper terrace and this would be just a small pool that we're putting in. Some say side yard, some say backyard, but it kind of floats there in the middle. The pool is 17 ft by 33 ft, so it's not a huge item. Since this is a walkout, it sits well below the street because obviously it's a walkout. We plan on putting 10 ft trees around the front of there. So, from the street being that far low and 10 ft trees, we don't see this being an eyesore for anybody as far as side yards go. Unlike the previous two, we have, let's see, we have 160 ft from the neighbors, and we have 130 ft from the street. So, we're well within those setbacks. And the biggest push for this is, since this is a walkout, an existing patio, existing terrace. If we put the pool back into the back property line, you wouldn't be able to look at the grandkids. So, the idea was if we can sneak it in right here on the terrace on the walk out, everybody knew you can walk inside the house change, do all that versus sticking it through that.” Mr. Jamieson: “Could you address a little bit of the topography in this area because I know that you have the contour lines in there and I think it would be good for the board to understand.” Mr. Beam: “This raises, what? A 100 ft from the terrace to the neighbor’s over here? See I can't even answer this. There's a, it's an 80 ft, let's say down into the ravine and there's woods. There you go. So, you'll be able to, all of this is wooded right there is what we're talking about and all that's wooded and the ravine and a creek. So, see how far down that that goes. And if we put some 10 ft trees, you know, up on this little higher spot, it just disappears.” Ms. Freshman-Johnson: “Are you taking out any more trees in the wooded area? You’ll be able to keep them all?” Mr. Beam: “No, no more trees coming out.”  Page 6 of 10 Mr. Brigeman:“Just to add to what Patrick said here, the majority of the time that there's a patio and just to the side of this is like a four-season room. So, we spend the vast majority of our time there. We now have three grandchildren. We expect more, more on the way. And I wanna make this a grandchild magnet. So, yeah, we spend the majority of our time up here. So just again, it's a safety issue. We wanted to have it here so that we can watch over the grandkids as they're out there. And, again, it’s just where we spend the majority of our time.” Ms. Freshman-Johnson: “So, can you talk a little bit too about what's on the other side of the back of the house? That's a driveway, there's cars in and out there, so putting it farther in that backyard also creates danger.” Mr. Rockey: “So, I mean, let's, so it's a use variance and when I look at the use variance, it says to me, the biggest part that stands out to it is the property can't be used for what it's zoned for. So, you have got a million dollars’ worth of house already on the property. So, you're asking for use variance. So, I mean, why can't you put it in the backyard? You can't have a camera, you can't build an additional…” Mr. Brigeman:“The camera is no substitute for eyesight.” Mr. Rockey: “I can't see around my back corner, and I rely on a camera in my property. So, I'm just saying." Mr. Brigeman:“Do you have grandkids?” Mr. Rockey: “I have a child, yes.” Mr. Brigeman:“I would never put my grandchildren in that situation.” Mr. Rockey: “You're not gonna be sitting on the pool deck with your grandchildren?” Mr. Brigeman:“I might be, but I also know their parents will be too.” Mr. Rockey: “So, I mean, you can't enjoy the pool deck. When you're enjoying the pool, you're gonna sit on a terrace or on a different level. I mean, what is the reason why it has to go in the side yard?” Mr. Beam: “For the reasons you said, plus you can get in and out of the house…” Mr. Rockey: “You have one door in and out of the house?” Mr. Brigeman:“There's a bathroom down there, there's a shower, there's a workout room and there's the indoor pool too.” Ms. Freshman-Johnson: “So yeah, I mean, one of the issues is the existing house as the footprint exists, the traffic to actually utilize this kind of facility lends itself to where it's being placed on the property. Whereas if you put it in the backyard, it's totally separate from where that the shared amenity space is. You know, when we build apartments and things like that, you have to design the amenity space to be connected to the other amenity spaces that are in its useful  Page 7 of 10 world, which is the bathrooms, the in and out the laundry and, and you know, all those things that are around there.” Mr. Rockey: “But do you design the pool as an afterthought?” Ms. Freshman-Johnson: “It is, the house has been there for years. So, I'm not gonna argue with you. I'm just telling you that's the reason that they need to put it here. If they were rebuilding the house and building it with a pool, they wouldn't be able to come get the variance because it would have been thought through this whole time when you built the house. So, I do think it's an afterthought and so to put it back by a garage and by the driveway, which is completely away from the kitchen to the buffet serving room, which goes to this patio, which goes to the downstairs showers to walk out in the, you know, the pool indoor that goes to outdoor. If you look at it from an amenity plan, that's the spot to put it, it just happens to be in their side yard which they're lucky that they have a large property, they're able to do that.” Mr. Holdren: “And I don't disagree with what you're saying, but the way I look at the use, you know, the way our code is written, we don't want pools in people's front yards. We don't want pools like in side yards for people to see. And if you look at this property, if I didn't know the variant of the code, I would say this is the furthest spot away from neighbors to see. So, I get your point too. Why you want it there. Actually, that makes the most sense why they have it there. But also, these neighbors across the street are gonna be hard to see it. This neighbor, I mean, I don't know if they care where it is, but that's the best spot so they won't see it. These neighbors over here definitely won't see it no matter where it is. But that's the way I look at it. We don't want, you know, I don't want my neighbor across the street to have a pool in the front yard. That's why it was written that way. So that's just the way to look at it.” Mr. Rockey: “I mean, that's where I'm coming from when I look at it and in my interpretation of the code, it says you can't put it in the side yard, can't put it in the front yard, you have to put it in the rear yard. And so, I understand that there are limitations to this and that it, you know, might not be exactly everything you've ever dreamed of and wanted. But it's hard, it's really hard when there isn't like a glaring problem that is, you know, because of the shape of the property of the topography. It's not like there's a giant electrical line that's running through the backyard and you can't put it there and that's when I look at use variances, that's what I'm looking for. And that's the hardest sell for me is that, yeah, you could put it in the backyard. It wouldn't be great, but you could do it. And that's why I think the use variances are just, it's very difficult with a use variance. If we were talking about an area variance it’s a whole different story. When we start talking about the use variances. I, it's my sticking.” Ms. Freshman-Johnson: “That’s fine. We make interpretations all the time for the questions of the code and that is one interpretation, but we sit here all the time with interpretations of use or variance codes and it's a gray area which is why this board exists. And part of the question is, you know, what's unique and we've talked about at least 3 to 4 things that are unique because that's what we do. So that's totally fine. And that's one way to interpret.”  Page 8 of 10 Mr. Brigeman:“Well, plus the lot itself is unique. It's not like it was downtown Chagrin falls, 10 ft by 10 ft from property lines and we're trying to sneak some swim spot into the side yard, you know. I mean this is a very unique property.” Mr. Beam: “What is the definition of rear yard?” Mr. Jamieson: “Rear yard is anything from the side of the house that's going back.” Mr. Beam: “From the center axis?” Mr. Cribari: “From the furthest point in the rear yard.” Mr. Beam: “From the furthest point?” (Inaudible discussion for a brief moment.) Mr. Holdren: “So you could put it down in the bottom of the ravine.” Ms. Hijar: “Are there any pictures of the rear of the house?” Ms. Freshman-Johnson: “Yeah. So, you don't know this house but you're right. So, in that corner, why you can't move it farther is you start to go into the ravine. So, it has to go, then, the only other place would be near the driveway which would be farther away from that house.” Ms. Hijar: “So we’re putting it right here?” Ms. Freshman-Johnson: “Yes, exactly. Because if you moved it back here, you can't, that goes to a ravine and the only other option is to put it over here, which is away from where you get into the house and all the amenity spaces that they've already built over there. That's what we're trying to assess. Does that make sense? So, they can't move it? See it's right here, they can't move it there to be in the back because that's a ravine. Ok. So, the only option is, yes, you got it.” Mr. Holdren: “Is that, you said that like a tree? Is that a wall there too?” Mr. Brigeman:“Yeah, because as the yard slopes down and we've got to find a level spot for the pool. So, we're gonna like shelve that down. So, it'll actually be, we have to dig out some of that slope.” Ms. Freshman-Johnson: “So its like a retaining wall?” Mr. Brigeman:“Yes, exactly. So, it’s gonna be further down like this. And then there's the wall and then there's the tree.” Ms. Freshman-Johnson: “One of my questions was, is there any way to access the pool from the yard above? Like, can you walk from the street? I see a pool there. Part of it is a safety reason why we put them in the back, so people don't see them. But now, you know, I know you're gonna do a lot of landscaping. But can you get into the pool? I guess you could jump and climb a fence.” Mr. Brigeman:“From the front yard? Yeah, there will be a fence around it.”  Page 9 of 10 Ms. Freshman-Johnson: “But is there a gate? Are there steps that go down to it from there? How does that? Like, we've only talked about getting into the pool from your walk out basement part." Mr. Beam: “Right there we had a gate because we're gonna, we were thinking about doing like a little rustic fire pit or something.” Mr. Brigeman:“Is your question if you can access it from here?” Ms. Freshman-Johnson: “Yeah, if you walk around and where can you get to it from outside? If I never went inside your house? There is a gate?” Mr. Beam: “Theres a gate here.” Mr. Brigeman:“You have to walk around and back in.” Ms. Freshman-Johnson: “Is the pool down a little bit? The slope goes back, it starts to level out. Would there be stairs to get down from there or is it flat by then?” Mr. Beam: “No, you can see it starts running right there.” Ms. Freshman-Johnson: “Its actually not that big of a space. Any comments from neighbors? Oh. Has anybody left in the audience that would like to speak on behalf of or have an opinion on this? I will speak on behalf of it, I'm a neighbor. And I'll tell you, you know, for me there's already two pools on our street, I think, or at least one. and I can see the neighbor's pool directly out my office window that I work at every day and it's gated and it's a pool but it's in their backyard, but it goes straight past their driveway, and I can see it. So, yeah. But, oh well. I'm just letting people know there are other pools on the street and there are other pools you can see from the front yard, from the street, even though they're in the backyard. Ok, you guys ready for a motion?” Ms. Hijar: “I can do it.” Ms. Freshman-Johnson: “Go for it!” Ms. Hijar: “This is probably only the second time I've done this so be patient and guide me, correct me if need be. I’d like to make a motion to approve the variance for a pool located at 103, Ridgewood Road parcel number 932 12-016 in the R 100 zoning district. The variance is for section 1125.04(d)(1) which says that a swimming pool should only be located in the rear yard and this variant should be approved primarily because the conditions of the property are quite unique where the side yard is really sort of a mix of a rear yard. It's kind of an interesting looking lot and there are, you know, special conditions that are unique to this property where there's a ravine that is in a big portion of the rear part of the house that would prohibit the construction of a pool and for those reasons, I move for this motion.” Mr. Holdren: “Second.”  Page 10 of 10 Mr. Jamieson: “Motion by Hijar, second by Holdren. Freshman-Johnson?” Ms. Freshman-Johnson: “I just wanna add a couple of things to the motion. The unique topography of this property lends itself to the location of the pool to be adjacent to the amenity spaces in the house that already exist as the pool is a secondary add on, not while they built the house. And if you look at the neighbors and where this pool is going to be placed, this spot actually is better hidden from neighbors in this location than it is in their backyard where more, neighbors would be able to see, and view the swimming pool area. And for all those reasons already included in those, I vote aye.” Mr. Jamieson: “Hijar?” Ms. Hijar: “Aye.” Mr. Jamieson: “Holdren?” Mr. Holdren: “I too vote aye. I'd just like to add that the spirit of the code is upheld by the applicant building a wall, a line of trees, you know, so the pool will be more hidden than if it was in the backyard. So, I vote aye.” Mr. Jamieson: “Rockey?” Mr. Rockey: “When it comes to use variances, it's why the property can't be used for any other purpose than in which it's zoned. It's, it's zoned R100, it's already being used as a house. And so, this is just one of these, I want it and I want it the way I want it and I have to vote no on it.” Ms. Freshman-Johnson: “OK 3-1. You will take 15 days in case there’s a village council by someone. And then you’ll get a letter to start your project.” (Audio was difficult to hear at the end due to paper shuffling.) MISCELLANEOUS None. ADJOURNMENT The meeting was adjourned at 8:26 p.m. ____________________________ Wade Fricke, Chair MNM