Board of Zoning Appeals & City Planning Commission

Board of Zoning Appeals & City Planning Commission Minutes Tuesday, January 2, 2024 7:30 P.M. City Hall Council Chambers Members Present: David E. Weiss, Mayor Sean P. Malone, Council John J. Boyle III, Member Joanna Ganning, Member Jason Russell, Member Others Present: Joyce G. Braverman, Director of Planning William M. Gruber, Director of Law Daniel Feinstein, Senior Planner The meeting was called to order by Mayor Weiss at 7:30 p.m. * * * * Approval of the November 29, 2023 Special Meeting Minutes It was moved by Mr. Russell and seconded by Mr. Malone to approve the minutes. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Abstain: Boyle Motion Carried * * * * Approval of the December 5, 2023 Meeting Minutes It was moved by Mr. Russell and seconded by Dr. Ganning to approve the minutes. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * *  BOARD OF ZONING APPEALS #2235. VRETTOS/FLINT RESIDENCE – 3294 CHALFANT ROAD: A Public Hearing was held on the request of Athena Vrettos and Chris Flint, 3294 Chalfant Road, to the Board of Zoning Appeals, for a variance to the location and setback requirements for an air conditioning condenser unit. The applicant proposes to locate a mini split heat pump unit for air conditioning in the side yard, located 4 feet from the side property line. The existing side yard is 6 feet wide. The unit is 4 feet, 5 inches tall. Code requires that mechanical units in the side yard be located in side yards measuring a minimum of 25 feet wide and be screened by a solid wood fence or evergreen vegetation. The applicant proposes to screen the unit with the existing 5-foot tall board on board wood fence. Mr. Feinstein showed pictures of the site. He stated this is a request for a variance to the location requirements for an air conditioning condenser location. The applicant proposes a mini-split air conditioning unit in the 6-foot wide side yard making the edge of the unit 4 feet off the side property line. Code allows a mechanical unit in the side yard when there is a 25-foot wide side yard. The unit is proposed to be screened with an existing 5-foot tall wood fence. Staff supports this request with the continuing obligation to comply with the noise ordinances. Athena Vrettos, applicant, said this is a petition for a variance to the location for their new energy efficient heat pump located behind the fence. She and her husband plan to stay and age in place in this house. They have previously cooled the house with four window units which are inefficient and heavy. The mini split heat pump system is best for their house. They have worked to minimize exterior ductwork. The number of windows on the rear of the house limits available locations. The unit is 8 inches above the window sill. Their practical difficulty is the view to their rear yard. The proposed location is across from the neighbor’s garage and driveway and is surrounded by a fence and landscaping, completely hidden from view. Those neighbors at 3290 Chalfant have endorsed the variance request. Dr. Ganning asked who owns the fence gate. Ms. Vrettos said she owns the fence. It is her neighbor’s gate. Mr. Malone asked about the precedent for this type of request. Mr. Feinstein said the precedent for a yard this small is only for a similar mini split system since they operate quietly. Mayor Weiss asked if the fire wood will be relocated. Ms. Vrettos said yes, it is going to the neighbor. The evergreen shrub will stay. Other nearby foliage also blocks the view of the side yard in the summer. Mayor Weiss asked how much the unit will extend above the bottom of the window Ms. Vrettos said 8 inches. Board of Zoning Appeals & City Planning Commission 01/02/2024 Minutes Page 5759 Mayor Weiss opened the Public Hearing. Mr. Feinstein summarized the letter of support from the neighbors at 3290 Chalfant It was moved by Mr. Russell and seconded by Dr. Ganning to approve the request based on the findings of fact and conclusions of law as set forth in the Action Sheet. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * CITY PLANNING COMMISSION #2236. FLYCKT RESIDENCE – 15725 SHAKER BOULEVARD: A Public Hearing was held on the request of Mark Collis, Payne & Tompkins, on behalf of Eric Flyckt, 15725 Shaker Boulevard, to the City Planning Commission for subdivision of land in order to combine two parcels into one. The applicant proposes to combine parcels 732-02-012 and 732- 02-011 into one parcel. The combined parcel would be a code conforming lot in the SF-1 Single Family Residential zoning district. Subdivision of land requires City Planning Commission approval. Mr. Feinstein showed pictures of the site. He stated this is a request for subdivision of land in order to consolidate two parcels. The applicant proposes to combine two parcels they own. The two parcels, 732-02-012 and 732-02-011, create a 200-foot wide lot of 49,749 square feet. This meets the code requirements of an SF-1 Single Family zoning district lot of 100 feet wide and minimum 15,000 square feet. The two lots have been owned by the owner of the home since at least 1975 per County records. Staff supports the request with the condition that a plat is submitted and recorded with the County. Bob Oster, Green Source Ohio, said he is part of the design and development team. The lot consolidation is needed due to the existing house located in the back corner of the property with no rear yard. They are planning a pool and maybe a new garage. They are in the planning phases of the yard improvements and some home improvements. They need to consolidate the lots so they can proceed with the rest of the outdoor development plans. Mr. Malone asked if there are any variances anticipated for these improvements. Mr. Oster said yes, they are all located in the side yard. There is effectively no rear yard on this property. Mr. Malone said it is an unusual house and lot configuration There are other unusual lots on this block. Mayor Weiss asked about the other proposed buildings to go along with the pool. Mike Caito, architect, said they are working on a house expansion. They will start with the pool and any yard structures then come back with the house and submit plans. Board of Zoning Appeals & City Planning Commission 01/02/2024 Minutes Page 5760 Mr. Oster said they are trying to accommodate improvements usually found in a back yard in what is the side yard. It was moved by Dr. Ganning and seconded by Mr. Russell to approve the request based on the findings of fact and conclusions of law as set forth in the Action Sheet. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * There being no further business, the meeting was adjourned at 8:00 p.m. The next meeting will be February 6, 2024. _________________________________ _________________________________ David E. Weiss, Chair Daniel Feinstein, Secretary Board of Zoning Appeals Board of Zoning Appeals City Planning Commission City Planning Commission Board of Zoning Appeals & City Planning Commission 01/02/2024 Minutes Page 5761