Board of Zoning Appeals & City Planning Commission

Board of Zoning Appeals & City Planning Commission Minutes Tuesday, October 1, 2024 7 P.M. City Hall Council Chambers Members Present: 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 Councilperson, Sean Malone at 7:00 p.m. * * * * Approval of the September 3, 2024 Meeting Minutes It was moved by Dr. Ganning and seconded by Mr. Russell to approve the minutes. Roll Call: Ayes: Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * #2268. FITZWATER/DAVIS RESIDENCE – 14400 SOUTH WOODLAND ROAD: A Public Hearing was held on the request of Scott McManamon, Patriot Fence & Deck, on behalf of Jon Fitzwater and Amanda Davis, 14400 South Woodland Road, to the Board of Zoning Appeals for a variance to the fence location and height regulations on a corner lot. The applicant proposes a 4-foot tall black aluminum ornamental fence at the corner of South Woodland and Chadbourne Roads. The fence is proposed to be located 5 feet off the Chadbourne and South Woodland Road sidewalks. Code requires that fences located in corner side yards not extend in front of the setback line of the principal building on the adjacent lot. The adjacent house on Chadbourne Road is set back 50 feet and the adjacent house on South Woodland Road is set back 45 feet. Code allows a fence height of 3 feet tall in a corner front yard. The fence is proposed to be screened from the street view by an existing hedge. Mr. Feinstein showed pictures of the site. He stated this is a request for a variance to the fence regulations on this corner lot at South Woodland and Chadbourne Roads. The applicant proposes to erect a 4-foot tall black ornamental aluminum fence 5 feet off the South Woodland and Chadbourne Road sidewalks. Code requires a 45 foot setback from South Woodland Road and a 50 foot setback from Chadbourne Road in this instance. Code allows a maximum 3-foot tall front yard fence. The fence is proposed behind and existing 4-foot tall hedge. Staff supports this request on this pie-shaped corner lot. John Fitzwater, homeowner, said this is a uniquely shaped lot. The new fence would be located behind an existing hedge. A code conforming fence would only allow a very small area. The type of fence they have chosen will not encroach on the front view of the house. This will also allow them to protect their dog from the traffic on South Woodland Road. They spoke with their neighbors and all have indicated support. At the corner, they have decided to pull the fence and hedge back 10 feet to allow better visibility. Mr. Malone said that intersection is difficult to see with the old 20 foot tall bushes. Some of the hedge has thinned out when it was trimmed. Mr. Fitzwater said they have proactively trimmed the hedge. It will be maintained at a lower height. It will fill back in as it re-grows. They have also removed a couple sapling trees. Mr. Russell said he likes that the yard has been cleaned up. Moving the hedge back at the corner is good. The hedge must remain as proposed for his support of this proposal. Dr. Ganning agrees a fence by code does not hardly allow any fenced area. Mr. Fitzwater said they are trying to keep the front yard on South Woodland open and enclose the yard beside the front of the house. Mr. Malone opened the Public Hearing. Mr. Feinstein described the following support letters: Christopher Cole, 3155 Chadbourne Road, expressed support for the proposal. Nevin Jenkins, 14410 South Woodland Road, advocates for the style and location of fence. John Whitney, 2997 Chadbourne Road, indicates this will be a nice addition to the house. Michael Miles, 2976 Chadbourne Road, writes that this fence plan is a good step forward. 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: Malone, Boyle, Russell Nays: Ganning Motion Carried * * * * Board of Zoning Appeals & City Planning Commission 10/01/2024 Minutes Page 5845 #2269. MARGOLIUS RESIDENCE – 2646 WICKLOW ROAD: A Public Hearing was held on the request of Richard Margolius, 2646 Wicklow Road, to the Board of Zoning Appeals for a variance to the location requirements for a mechanical unit. The applicant proposes to locate a mini split HVAC unit on a rear garage roof. The unit is proposed to provide HVAC for the second floor. Code does not allow a rooftop location in residential zoning districts. The applicant proposes to screen the unit with the existing roof parapet and extensive existing trees located along the property lines. Mr. Feinstein showed pictures of the site. He stated this is a request for a variance to the location of HVAC equipment. The applicant proposes to locate a mini-split system heat pump on the second floor on the garage roof. Code allows outdoor mechanical equipment in the rear yard, not on a rooftop location. The HVAC equipment is screened from view by a roof parapet and existing trees along the property line. Staff supports this request. Mr. Margolius said this is a variance request for air conditioning unit to be placed on the garage roof directly below the access to the attic space it serves. This is the only location, according to the contractors. He has a 1917 house that does not have central air conditioning. It is on the back yard of the corner lot. His lot is non-conforming per Section 1221.08. The rear property line is 4.6 feet off the garage. This does not meet code either. The view of the area is blocked by the parapet wall and the existing trees. The unit will be more effective to have it located on the garage roof. Mr. Malone asked if it will be visible from the back yard, but not the street. Mr. Margolius said it will only be visible in the rear yard from a very small angle. Mr. Malone asked if there is precedent. Mr. Feinstein said there is precedent for a front roof top location detailed in the Staff Report. The unit replaces the exhaust fan on the rear house wall. Mr. Malone opened the Public Hearing. No comments were received in relation to this application. Mr. Margolius said his neighbors support the project. It will be very quiet. Dr. Ganning said this seems to be a smart solution with a unique lot configuration. 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: Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * Board of Zoning Appeals & City Planning Commission 10/01/2024 Minutes Page 5846 #2270. KREMER RESIDENCE – 14707 SHAKER BOULEVARD: A Public Hearing was held on the request of Katelyn Kremer, 14707 Shaker Boulevard, to the Board of Zoning Appeals for a variance to the fence location and height regulations for corner lots. The applicant proposes to install a 4-foot tall black aluminum ornamental fence on this corner lot at Shaker Boulevard and Leighton Road. The fence is proposed to be located 5 feet off the Leighton Road sidewalk. Code requires that fences located in corner side yards not extend in front of the setback line of the principal building on the adjacent lot. The adjacent house on Leighton Road is set back 75 feet. Code allows a fence height in a corner side yard of 3 feet tall. The ornamental aluminum fence is proposed to be screened with an existing hedge. Mr. Feinstein showed pictures of the site. He stated this is a request for a variance to the corner lot fence requirements. The applicant proposes a 4-foot tall black ornamental aluminum fence, 5 feet behind the Leighton Road sidewalk. Code requires a 75 foot setback on Leighton Road for a corner lot fence based on where the front wall of the adjacent house is located. Code allows a maximum fence height of 3 feet tall in this location. The fence is proposed behind an existing hedge. Staff supports this request. Katelyn Kremer, homeowner, said there are existing shrubs on the lot, but they have a 95 pound dog. He mostly obeys, but does like children. They do not want either kids, or their dog to go through the hedge. The hedge is 4.5 feet tall. They propose to infill landscaping from the view of Shaker Boulevard where the fence is visible and set back from the street. This is a more traditional corner lot and side yard request. Dr. Ganning said a child and a dog can get through hedges. This is a nice fence design behind the existing hedge. Mr. Malone opened the Public Hearing. No comments were received regarding this application. Donna Ferrante, 14412 Larchmere Boulevard, said she is a neighbor who supports the request to add safety and still be visually pleasing. 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. Roll Call: Ayes: Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * #2271. CARSON RESIDENCE – 3002 MANCHESTER ROAD: A Public Hearing was held on the request of Jeff Foster, Payto Architects, on behalf of Justin Carson, 3002 Manchester Road, to the Board of Zoning Appeals for a variance to the rear yard setback in order to construct a mudroom and attached garage. The applicant proposes to renovate an existing two car attached garage into living space and construct a new attached two-car garage Board of Zoning Appeals & City Planning Commission 10/01/2024 Minutes Page 5847 and mudroom in the rear yard. The new mudroom and attached garage extend to 10 feet from the rear property line. Code requires a 25-foot rear yard setback in the SF-2 Single Family Residential zoning district. Mr. Feinstein showed pictures of the site. He stated this is a request for a variance to the rear yard building setback. The applicant proposes to renovate the existing attached garage into living space and build a new two car garage. The attached garage extends to within 10 feet of the rear property line. Code requires a 25-foot rear yard building setback in the SF-2 zoning district. The one-story flat roof garage is proposed to be screened with existing landscaping at the property lines. The Architectural Board of Review reviewed and continued the design with some comments. The revised plans will be reviewed by the Architectural Board of Review on Monday, October 7, 2024. Staff supports this request with the condition that the existing landscaping remains. Jeff Foster, Payto Architects, described the project design and additions to the house. He said the neighbor’s detached garage is visible to the street. This solution keeps the garage attached and side facing which is better. Mr. Malone asked about the available turning radius into the garage. Mr. Foster said the garage is held back from the house to enable that turning movement. Mr. Boyle asked about the total amount of asphalt. Mr. Foster said the amount of asphalt will decrease. This is a one story garage. They have adjusted the design to respond to the Architectural Board of Review comments. Mr. Russell suggested the landscaping on the rear property line could be reinforced with evergreens. Mr. Foster said that is a good suggestion. Mr. Malone opened the Public Hearing. Mr. Feinstein summarized the comments Mr. Downey, a neighbor, has concerns about exterior lighting. Ms. Braverman asked if they propose a light on the garage facing south. Mr. Foster said they do and will submit a cut sheet. They will make sure to adjust the lights to shine down. Dr. Ganning asked if there are any drainage issues. Mr. Foster said it will be graded to make sure it does not spill over to the neighbors. 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 with the condition that the existing landscaping along the property lines remain. Roll Call: Ayes: Malone, Boyle, Ganning, Russell Board of Zoning Appeals & City Planning Commission 10/01/2024 Minutes Page 5848  Nays: None Motion Carried * * * * CITY PLANNING COMMISSION #2267. POSNER PROPERTY – 3393 NORWOOD ROAD/GARNETT PROPERTY – 18668 PARKLAND DRIVE: A Public Hearing was held on the request of Jeffrey and Monique Posner, 3393 Norwood Road, to the Board of Zoning Appeals and City Planning Commission for subdivision of land in order to subdivide their lot with the Garnett property at 18668 Parkland Drive in order to resolve an encroachment. A portion of the Posner’s driveway on their Norwood Road lot encroaches on the rear yard of the Garnett property on Parkland Drive. The driveway is integral to the Posner’s property. To resolve the encroachment, both property owners have agreed to subdivide their land. The Posner’s propose to purchase the encroachment area from the Garnett’s. The parcels, 736-03- 032 and 736-03-006, are proposed to be altered in order to transfer approximately 600 square feet in the encroachment area. The revised lots meet the lot size requirements in the SF-2 Single Family Residential zoning district. The rear yard building setback at 18668 Parkland Drive is reduced to 12.8 feet at the closest point due to the movement of the shared rear property line. A 25-foot rear yard setback is required. Mr. Feinstein showed pictures of the site. He stated this is a request for subdivision of land and a variance to the rear yard building setback. The applicants propose to subdivide the rear of their properties to resolve a disputed encroachment. The rear property line is proposed to move about 6 to 8 feet east and the Posner’s will purchase 600 square feet of land from the Garnett’s. The movement of the property line creates a 12.8-foot rear yard setback to the closest corner of the Garnett residence. Code requires a 25- foot rear yard building setback. Staff supports this request with the condition that the existing landscaping remains, and that a final plat is submitted to the City and recorded with the County. Jeffrey Posner, said their property is at 3393 Norwood Road, and the Garnett property is on Parkland Drive. Ms. Garnett’s representative is at the meeting. He described the driveway encroachment has existed since at least 1993 and probably before that. The area is buffered with a hedge and plants. If the property is not extended, they would have problems getting into their garage. They understand the hedge will remain. The neighbor’s house is already less than the required 25-foot setback. The parties came to an accommodation in the interest of everyone, especially successive owners of the property. The situation is created by the nearby street corner and the resulting angle of the rear property lines. This is a minimal square foot change that does not make a difference to the rear lot area. This formalizes the existing driveway, hedge, and landscaping. Mr. Boyle asked the situation when the applicant moved in. Was this on the mortgage survey? Mr. Posner said the bank did show the driveway encroachment when they moved in. It is a pre-existing driveway location. Board of Zoning Appeals & City Planning Commission 10/01/2024 Minutes Page 5849 Adam Youth, representing Ms. Garrett, 18668 Parkland Drive, said their client approves of the proposal. Ms. Garrett is attending by Zoom. Mr. Gruber said there is still a pending lawsuit. He assumes there will be a signed plat when the lawsuit is finalized. Mr. Youth said yes, this is part of the settlement. They want to perform any administrative remedies to resolve the situation. Mr. Malone opened the Public Hearing. No comments were received relative to this application. It was moved by Mr. Malone 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 following conditions: 1) the existing rear yard landscaping is maintained; and 2) a final plat is submitted to the city and recorded at the county. Roll Call: Ayes: Malone, Boyle, Ganning, Russell Nays: None Motion Carried * * * * There being no further business, the meeting was adjourned at 8:15 p.m. The next meeting will be Wednesday, November 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 10/01/2024 Minutes Page 5850