Board of Zoning Appeals & City Planning Commission

Board of Zoning Appeals & City Planning Commission Minutes Tuesday, February 6, 2024 7 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 Title/Name at Time. * * * * Approval of the January 2, 2024 Meeting Minutes It was moved by Mr. Malone and seconded by Dr. Ganning to approve the minutes. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * Approval of the January 9, 2024Meeting Minutes It was moved by Dr. Ganning and seconded by Mr. Russell to approve the minutes with corrections. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * #2237. University School – 20701 Brantley Road: A Public Hearing was held on the request of Terrie Brightman, Merritt Chase, on behalf of University School, 20701 Brantley Road, to the Board of Zoning Appeals for a variance to the front yard setback and recreational structure requirements. The applicant proposes to replace the existing tennis courts on the Shelburne side of the site. These new tennis courts are proposed to be located 45 feet east of the current courts, toward Shelburne Road. The northeast corner of the courts is proposed to be set back 55 feet from Shelburne Road. Code requires a 100-foot front yard setback from Shelburne Road and recreational structures are not permitted in the front yard. An existing line of mature trees shield the view from Shelburne and Ashley Roads. The existing mature trees will be enhanced with evergreen tree and shrub plantings to screen the tennis courts from the street view. Mr. Feinstein showed pictures of the site. He stated this is a request for a variance to the recreational structure location requirements to be closer to the street than the 100-foot front setback. University School proposes to replace their tennis courts. They propose to shift them 46 feet to the east. The courts already exist within the 100-foot setback, and are proposed to be located 55 feet from the property line in their new location. An existing line of trees and additional evergreen trees are proposed to screen the courts. Staff supports the request. Ms. Brightman, Merritt Chase, said she is representing University School. University School rebuilt the playground are rebuilding the Middle School. This project continues those changes to the campus. It is difficult to locate site amenities when the property has a full block with 100 feet of setback around it. The existing tennis courts are in disrepair. They propose to replace them and improve the current conditions. No significant trees are in this area. The property across Shelburne Road is a vacant lot and the corner with Claythorne Road. A University School representative went door to door to notify neighbors around the corner. This move allows additional circulation and school bus access to the tennis court area. They will add trees and bushes and a retaining wall to the eastern side of the tennis courts. Mr. Malone said it is appropriate to preserve the existing trees. Is there still a path in the woods? Ms. Brightman said the path will move where needed and there will be an access path. Mr. Malone said the improvements look great and maintaining the landscape screen is good. This will be used for tennis and not pickle ball? Ms. Brightman said pickle ball will be at another location. Ms. Braverman said this is on allowed recreational use on the property. Mr. Russell asked about storm water and how that will be handled. Ms. Brightman said this is a conceptual design and Osborne Engineering will work to assure there will be no additional storm water runoff down the slope. The proposed retaining wall will also collect some existing surface drainage. Mayor Weiss asked if there are any soil issues with the hill. Board of Zoning Appeals & City Planning Commission 02/06/2024 Minutes Page 5773 Ms. Brightman said there will be additional soil to support the trees to enhance the condition of the hill. Mayor Weiss opened the Public Hearing. Mr. Feinstein read a letter from the Mitchell family who are concerned with the storm water. Mayor Weiss said this work builds on other site improvements. It was moved by Mr. Boyle 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 * * * * #2242. Ohio Contemporary Ballet – 3558 Lee Road: A Public Hearing was held on the request of Makayla Lord, Central Graphics, representing Ohio Contemporary Ballet, 3558 Lee Road, to the Board of Zoning Appeals for a variance to the signage requirements. The applicant proposes to install a secondary wall sign on the north side of the building. Code allows only an auxiliary entry sign no larger than the width of the entry and 2 feet tall. The proposed auxiliary entry sign is 4 feet tall and 20 square feet in size. The wall sign is proposed adjacent to the rear entrance for the Ohio Contemporary Ballet space in this multi-tenant building. Mr. Feinstein showed pictures of the site. He stated this is a request for a variance to the sign regulations for the number and size of an auxiliary entry sign. The Ohio Contemporary Ballet proposes an auxiliary entry sign that is 4 feet by 5 feet (20 square feet) in size at their entry. There is already a vinyl sign in the entry door. Code allows one auxiliary entry sign, no wider than the entry, and 2 feet in height. The Architectural Board of Review reviewed the sign at their February 5, 2024 meeting and suggested a sign located above the door, higher on the wall, would be more visible. Staff supports this request. Mirza Valkovic, Central Graphics representative, said they do propose to move the sign above the door and to not be wider than the entry. The reason for this proposal is that the rear entry, the only entry, is off of the rear parking lot. Students and audiences have trouble finding the correct door. Mr. Russell asked the size of the revised sign. Ms. Valkovic said it is a bit smaller than the one originally proposed. Dr. Ganning asked if the revised sign is larger than allowed now. Ms. Braverman said she agrees with the need to distinguish this entry from the other entries off the parking lot and there is no street view of this entrance. Board of Zoning Appeals & City Planning Commission 02/06/2024 Minutes Page 5774 Mr. Feinstein said the proposed sign is 20 square feet. An allowable size for this entry is 10 square feet or 2 feet by 5 feet in this instance. Mr. Boyle said this is the only entrance for this business. It seems reasonable to have a larger sign for the only entrance directly into the space. Dr. Ganning asked if there is precedent. Mr. Feinstein said there were two auxiliary entry signs approved for Master Marr’s on Chagrin Boulevard. Ms. Valkovic said the revised sign will be smaller. She just does not have the dimensions figured at this time. This sign wouldn’t look right at 20 square feet above the door. Mayor Weiss opened the Public Hearing. Mr. Feinstein read correspondence from Nick Fedor, Shaker Heights Development Corp. director, who supports the sign location. Dr. Ganning suggested the sign should be a maximum of 15 square feet. 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 with the condition that the sign is no larger than 15 square feet in size. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * CITY PLANNING COMMISSION #2239. GLH, LLC – 3603 Hildana Road: A Public Hearing was held on the request of Ron Carson, GLH, LLC, 3603 Hildana Road, to the City Planning Commission for site plan review for a new single-family house. The applicant proposes to construct a new three bedroom house on this vacant lot, with a two-car detached garage located at the rear of the lot. The house will have an open floor plan with a front porch and basement. The property is 45 feet by 160 feet, which meets code requirements for lot size in the TF Two Family Residential zoning district for a single family home. All location and setback requirements are code conforming. Site plan review is required for all new houses. Mr. Feinstein showed pictures of the site. He stated this is a request for site plan review for two new houses. The applicant proposes a new 3 bedroom, 2 ½ bathroom house on vacant city-owned property. Board of Zoning Appeals & City Planning Commission 02/06/2024 Minutes Page 5775 These two lots meet code requirements for a single-family home. The houses both meet setback and location standards and the infill design guidelines for new homes. The Architectural Board of Review reviewed the home designs extensively and approved them with the conditions which are being implemented. The home at 3603 Hildana has a full front porch, while 3607 Hildana has an entry feature, a front bay window, and a different window layout on the front façade. Staff supports each request with conditions. Ron Carson, GLH, said he is the Vice President of Operations. His mission is to provide housing in the neighborhood. The Architectural Board of Review process has been extensive and is nearly complete. The new homes have the same footprint as the prior homes on the property. They talked to the neighbors about landscaping along the property lines. He said his family have lived in Shaker Heights for 46 years. His wife is on the School Board. He wants to contribute to the community. Dr. Ganning said she appreciates the designs and intention to create needed infill housing. Mr. Gruber said there is a Development and Use agreement with the city. That agreement requires a single-family owner-occupied residence to be constructed. Ms. Braverman asked about trees and landscaping on the site. Mr. Feinstein said the only trees were planted by the city on the norther lot (3603). There are a few trees along the southern rear property line of 3607. Mayor Weiss opened the Public Hearing. No comments were received in regard to this application. Brendan Zak, Neighborhood Development Specialist, said the city has been working with Mr. Carson for some time to develop infill housing on these two lots. Mayor Weiss asked about proposed trees. Mr. Feinstein said both lots have one tree added to the front tree lawn and a tree lawn tree needs to be planted on the southern (3607) lot. Mr. Russel said it would be helpful to get a concept of how many homes have been approved and where in this neighborhood. It was moved by Mr. Russell and seconded by Mr. Boyle to approve the request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the condition that a street tree is planted on the tree lawn per the City Forester’s specifications. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * Board of Zoning Appeals & City Planning Commission 02/06/2024 Minutes Page 5776 #2240. GLH, LLC – 3607 Hildana Road: A Public Hearing was held on the request of Ron Carson, GLH, LLC, 3607 Hildana Road, to the City Planning Commission for site plan review for a new single-family house. The applicant proposes to construct a new three bedroom house on this vacant lot, with a two-car detached garage located at the rear of the lot. The house will have an open floor plan with a covered entry and basement. The property is 45 feet by 160 feet and meets code requirements for size in the TF Two Family Residential zoning district for a single family home. All location and setback requirements are code conforming. Site plan review is required for all new houses Please see the conversation under 3603 Hildana Road. It was moved by Mr. Russell and seconded by Mr. Boyle to approve the request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the condition that the existing trees at the southern rear corner of the lot are added to the site plan, evaluated and the healthy trees maintained. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * #2241. City of Shaker Heights – 3305 and 3311 Lee Road: A Public Hearing was held on the request of the City of Shaker Heights, representing Garrison Spencer, 3311 Lee Road, to the City Planning Commission for subdivision of land in order to split a city-owned vacant lot and combine a portion with the property on which the Spencer home is located. The house parcel (735-07-003) is proposed to be combined with a 10-foot-wide section of the vacant city-owned lot at 3305 Lee (735-07-004). The 10 feet wide section is proposed to be integrated into the side yard of the home while the remaining vacant lot will be prepared for new house construction. Both combined lots meet code requirements in the SF-2 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 to split a city-owned lot on Lee Road and combine a portion with the neighbor’s property. The city proposes to split 10 feet of permanent parcel 735-07-004 (3305 Lee) and add it to the Spencer property, permanent parcel 735-07-003 (3311 Lee). Both new lots meet lot and block standards for the SF-2 Single Family Residential zoning district. The city has an agreement with a developer to build a house on the vacant lot. Staff supports the request with the condition that a plat is recorded with the County. Mayor Weiss opened the Public Hearing. No comments were received in regard to this application. Board of Zoning Appeals & City Planning Commission 02/06/2024 Minutes Page 5777 Mr. Zak said they are working with the home developer Keystate Homes to develop a new house on the vacant lot. A new agreement incorporating the lot split was signed in 2023. Keystate now has a client under contract. They are looking to move forward this year for review of a new house. Mr. Gruber said the neighbor wanted the entire vacant lot. The city had already reserved it for development. The neighbors were cooperative to take the 10 feet of property instead in order to keep the encroachment of their driveway out of the development site. 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 with the condition that a final plat is submitted to the city and filed with the county. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * Executive Session To discuss imminent or pending litigation. It was moved by Mr. Boyle and seconded by Mr. Russel to move into Executive Session. Roll Call: Ayes: Weiss, Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * There being no further business, the meeting was adjourned at 8:45 p.m. The next meeting will be March 5, 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 02/06/2024 Minutes Page 5778