Board of Zoning Appeals & City Planning Commission

Board of Zoning Appeals Minutes Tuesday, April 9, 2024 4 P.M. Via Conference - Zoom Members Present: David E. Weiss, Mayor Sean P. Malone, Council John J. Boyle III, 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 4:00 p.m. * * * * #2246. FLYCKT RESIDENCE – 15725 SHAKER BOULEVARD: A Public Hearing was held on the request of Bob Oster, Green Source Co., on behalf of Eric and Rebecca Flyckt, 15725 Shaker Boulevard, to the Board of Zoning Appeals for variances to the location requirements for accessory structures and to the front yard fence height. The applicant proposes to locate a swimming pool, spa, and pavilion in the side yard of this double lot. The view of the pool, spa and pavilion is softened by existing and proposed landscaping toward the neighboring property and the street. A four-foot tall ornamental aluminum fence is proposed to surround the pool area and extends into the front yard. Code allows a front yard fence to only be three feet tall. The proposed fence is set back 135 feet from the sidewalk. Mr. Feinstein showed photos of the site. He stated this is a request for variances to the accessory structure and fence regulations. This request was reviewed at the regular meeting on April 2, 2024. Due to an error, the required public notice was not completed properly. The request was discussed and the public was able to comment, but an official public hearing and action were not taken. The applicant proposes to locate a swimming pool, spa and pavilion in the side yard of this double lot. Accessory structures are allowed in the rear yard only. A 4 foot tall ornamental aluminum fence is proposed to surround the pool and does extend into the front yard set back 135 feet from the street. A front yard fence is only allowed to be 3 feet tall. The Architectural Board of Review approved the reviewed pavilion plans. Staff supports the request. Bob Oster, Green Source Co., explained this house was originally the carriage house to a nearby home. The location of the house on the lot only allows 10 feet to the rear lot line due to the unique conditions of the origins of the house. They propose a pool, spa, and pavilion in the side yard. The yard is 4 feet higher than the sidewalk. This grade difference in addition to the existing and proposed landscaping will screen the yard. The neighbor to the west supports the request. Mayor Weiss opened the Public Hearing. Mr. Feinstein read a letter submitted by Robert and Darlene Duvin of 2775 South Park Boulevard. They express their complete and enthusiastic support for the project. Mr. Boyle said based on the location of the accessory structures in the back of the side yard and the height of the fence, along with the facts outlined on the staff report, he is in favor of the request. It was moved by Mr. Boyle and seconded by Mr. Malone 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, Nays: None Motion Carried * * * * There being no further business, the meeting was adjourned at 4:30 p.m. The next meeting will be May 7, 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 xx/xx/2024 Minutes Page 5795