Board of Zoning Appeals & City Planning Commission

Board of Zoning Appeals & City Planning Commission Minutes Tuesday, January 7, 2025 7 P.M. City Hall Council Chambers Members Present: David E. Weiss, Mayor Sean P. Malone, Council 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 7:00 p.m. * * * * Approval of the December 3, 2024 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 Motion Carried * * * * #2274. GILTZ COMPANY – 3561 and 3567 CHELTON ROAD: A Public Hearing was held on the request of Harry Giltz, Giltz Company LLC, 3561 and 3567 Chelton Road, to the Board of Zoning Appeals and City Planning Commission for site plan review, subdivision of land, and variances to the house width and garage regulations for two new single family attached houses. The applicant proposes to construct two new attached, two-bedroom houses on these vacant lots, with attached garages located behind the houses. One house is a one-story design and is a mobility impaired, accessible unit and the other house is a two-story unit. Three vacant lots are proposed to be subdivided into new lots for these attached houses and the remaining lot is to be reconfigured for the single house at 3571 Chelton. The minimum required house width is 55% of the lot width. A variance is required for 3561 Chelton as this two-story house is only 42% of its 40-foot wide lot. Both garages are proposed to be attached to the rear of the homes. A detached garage is required on this block as the majority of existing garages are detached. A variance is required as the one-story accessible house has a one-car garage proposed. Code requires a two-car garage. 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, subdivision of land and variances for two attached single family houses. The applicant proposes the two attached single- family houses on two reconfigured city-owned vacant lots. These houses are the same design as the houses under construction on Menlo Road. The homes have attached garages. Code requires the same type of garage as the majority of the street, which has detached garages. The one-story accessible unit has a 1 ½ car garage. Code requires a two car garage. The two story unit is only 42% of the width of the 40 foot wide lot. Code requires a house to be 55% of the lot width. The Architectural Board of Review reviewed and approved the design preliminarily for the design and scale. Final drawings including color schemes need Architectural Board of Review approval. This home is being developed with the adjacent single family house. Staff supports the request with the following conditions: 1) receive final Architectural Board of Review approval; 2) retain the north property line hedge and move the arborvitae to the side yard; 3) add HVAC unit landscape screening; 4) submit a maintenance and cross easement agreement; and 5) submit a final plat with the city and record it with the county. Mr. Feinstein showed the plans and a map of new infill homes in the neighborhood. Chris Freeman, representing Mr. Giltz, said they are getting these lots from the County Land Bank and intend to build accessible housing with full accessibility in mind. There is no other housing for this market in Shaker Heights. The three lots are now each 45 feet by 160 feet. They propose a reconfiguration of each lot to be more tailored to this type of house. The lot sizes are close to the existing configuration. They meet lot width requirements now, and still do when the lots are reconfigured. The driveway locations do limit each house width. The combined houses meet the general massing requirements. Their original thought was two sets of two attached homes, but they just did not fit on these three lots. They decided on two attached and one standalone detached single family home adjacent. Dr. Ganning asked if the dormers are decorative. Mr. Freeman said yes, he believes they are. Mr. Malone said the variances are appropriate. He asked if the Development Agreement involves any specifics for the attached houses. He asked if there is a divider between the front porches. Mr. Feinstein said there is a shared maintenance agreement and cross easement required, as was for the same housing design at the Menlo Road sites. Mr. Freeman said there is a divider. He noted the Menlo homes are the same and easements were recorded for those lots. Mr. Russell asked if the tree can be moved to the middle of the front yard. Dr. Ganning asked about the HVAC equipment. Does the location meet code requirements? Mr. Feinstein said yes, they do, but require landscape screening. Board of Zoning Appeals & City Planning Commission 01/07/2025 Minutes Page 5680 Mayor Weiss opened the Public Hearing. No comments were received in regard to this application. 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 following conditions: 1. Final Architectural Board of Review approval is needed including final color scheme. 2. Retain the front yard hedge along the north property line and move all the proposed arborvitae to the side yard as approved by staff. 3. Relocate the front yard tree off the side property line. 4. A maintenance plan, cross easement and agreement for the roof, porch and common walls is submitted for staff review and recorded with the County. 5. Receive approval from staff for code conforming air conditioning condensing unit landscape screening. 6. A final revised plat is submitted to the City and recorded at the County. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * #2275. GILTZ COMPANY – 3571 CHELTON ROAD: A Public Hearing was held on the request of Harry Giltz, Giltz Company LLC, 3571 Chelton Road, to the Board of Zoning Appeals and City Planning Commission for site plan review, subdivision of land, and variances to the house width and garage regulations for a new single-family house. The applicant proposes to construct a new single family two-bedroom home on this vacant lot with an attached garage located at the rear of the house. The reconfigured lot measures 47 feet by 160 feet and 7,520 square feet, which is the remainder from the three lot reconfiguration that includes 3561 and 3567 Chelton. The minimum house width is required at 55% of the lot width. A variance is required as the house is only 38% of its lot width. The garage is proposed to be attached to the rear of the home. A detached garage is required on this block as the majority of existing garage are detached. 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, subdivision of land, and variances for a new single-family house. The applicant proposes a single-family house on the third vacant lot on Chelton Road adjacent to the two attached houses. This house is on a reconfigured 47 foot wide lot. The house is only 38% of this lot width. Code requires a house be 55% of the lot width. The attached garage requires a variance as the majority of garages on Chelton Road are detached. Other setback requirements are met. The Architectural Board of Review preliminarily approved the design and scale of the house. Final design review including color scheme is needed. Staff supports the request with the following conditions: 1) obtain final Architectural Board of Review approval; 2) replacement of the tree lawn tree; 3) landscape screening is added around the HVAC unit; and 4) final plats are submitted to the city and recorded with the county. Board of Zoning Appeals & City Planning Commission 01/07/2025 Minutes Page 5681 Mr. Freeman said this single home has been added since there is not enough room for two units like the previous application. The width variance is reasonable due to the driveway location and fits the neighborhood. The garage is attached to the house by a breezeway. Mr. Russell said the different design is appropriate. Is there different landscaping? He does not want all three lots to look exactly the same. Dr. Ganning said an 18 foot wide house does set a precedent. The precedent for house width variances is for homes on larger lots. Ms. Braverman said this case is different as the home has two stories and the massing of the single house with the two story front porch. The street is a mix of bungalows and Cleveland double homes together which makes this house massing appropriate. Dr. Ganning said she appreciates the context and visual massing of the neighboring two homes as context on the street. Mayor Weiss opened the Public Hearing. No comments were received regarding this application. Mr. Russell said the garage is wider than the house. The rear of the garage is visible to the street. He said the landscaping needs to have better diversity and to screen the garage front the street view on the back. Mr. Feinstein said some landscaping could be moved from the side property line to the rear corner of the garage. 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 following conditions: 1. Final Architectural Board of Review approval is required including final color scheme. 2. Replace the tree lawn tree. 3. Relocate some arborvitae to the rear corner of the garage to soften the view of the rear wall of the garage from the street. 4. Receive approval from staff for code conforming air conditioning condensing unit landscape screening. 5. Revise the landscape plan to differentiate the overall types and species of landscaping from the other building for staff review. 6. A final revised plat is submitted to the City and recorded at the County. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * Board of Zoning Appeals & City Planning Commission 01/07/2025 Minutes Page 5682 #2276. YRM CORPORATION – 3553 PENNINGTON ROAD: A Public Hearing was held on the request of Ishmael Martin, YRM Corporation, 3553 Pennington Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and a variance to the lot size requirements 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 40 feet by 130 feet and 5,200 square feet. Code requires a minimum lot size of 5,600 square feet in the SF-3 Single Family Residential zoning district. 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 and variances for 8 new homes on Pennington Road. These 3 bedroom colonial homes are a similar design to several of the seven (7) homes this developer has constructed on Sudbury Road. All eight (8) homes need zoning variances for the lot size. The SF-3 zoning ordinance requires a 5,600 square foot lot. Four (4) of the lots are also only 38 feet wide when code requires a 40 foot lot width. These same four homes require a side yard setback variance of 3 feet when 5 feet is required due to that lot width. He showed pictures and plans for each house. Each item will be voted on separately. The Architectural Board of Review approved the home designs. Revisions required by the Architectural Board of Review have been made to these plans. Staff recommends approval with slightly different tree and landscaping conditions for each. Ishmael Martin, YRM Corp., said he would like to fill up the neighborhood with new houses on the vacant lots. The goal is to bring back the integrity of this neighborhood’s housing to the city. Mayor Weiss asked about the different color schemes on the houses. Mr. Feinstein went through the different plans to demonstrate the different color palettes for each home. Dr. Ganning asked why is there a 5 foot setback requirement when 3 feet was allowed in the past. Mr. Feinstein said the city’s original side yard setback was based on a percentage of the lot width in one single family zoning district. The zoning code changes in 1995 created three different single family zoning districts based on lot size. The SF-3 district has a 5 foot side yard setback, which works for 90 percent of the lots in the zoning district, but not on the smallest of lots on this street that are less than 40 feet wide. Based on these lot widths, the old code did allow for a 3 foot side yard setback which is also the minimum for the Building code. Mayor Weiss asked if there are invasive species proposed with any of the landscape plans. Mr. Martin said there are not. Mayor Weiss opened the Public Hearing. No comments were received in regard to this application. Dr. Ganning asked about the HVAC equipment and whether it meets zoning location requirements. Mr. Feinstein said the HVAC units meet code location requirements, just not the landscape screening requirement. Board of Zoning Appeals & City Planning Commission 01/07/2025 Minutes Page 5683 Mr. Malone asked how the homes on Sudbury have been received. Mr. Martin said the neighbors on Sudbury Road are great. The adjacent homeowners were worried at the beginning, but they have come together. The homes are sold. They are building the last two of the homes and are taking offers. It was moved by Mr. Russell and seconded by Dr. Ganning to approve the site plan review and lot size variance request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the following conditions: 1. Tree protection fencing is installed to protect the northern property line trees and the street tree; and 2. A revised landscape plan needs to be submitted for staff approval including air conditioning condensing unit screening. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * #2277. YRM CORPORATION – 3562 PENNINGTON ROAD: A Public Hearing was held on the request of Ishmael Martin, YRM Corporation, 3562 Pennington Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and a variance to the lot size requirements 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 40 feet by 115 feet and 4,600 square feet. Code requires a minimum lot size of 5,600 square feet in the SF-3 Single Family Residential zoning district. All location and setback requirements are code conforming. Site plan review is required for all new houses. See the conversation for 3553 Pennington Road. It was moved by Mr. Russell and seconded by Dr. Ganning to approve the site plan review and lot size variance request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the following conditions: 1. Tree protection fencing is installed to protect the tree lawn tree, or replace it; and 2. A revised landscape plan needs to be submitted for staff approval including air conditioning condensing unit screening. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * Board of Zoning Appeals & City Planning Commission 01/07/2025 Minutes Page 5684 #2278. YRM CORPORATION – 3607 PENNINGTON ROAD: A Public Hearing was held on the request of Ishmael Martin, YRM Corporation, 3607 Pennington Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and variances to the lot width, size, and side yard setback requirements 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 38 feet by 130 feet and 4,940 square feet. Code requires a minimum lot width of 40 feet and size of 5,600 square feet in the SF-3 Single Family Residential zoning district. The house is set back 3 feet off the side property line on the side opposite the driveway. Code requires a 5 foot side yard setback. All other location and setback requirements are code conforming. Site plan review is required for all new houses. See the conversation for 3553 Pennington Road. It was moved by Mr. Russell and seconded by Dr. Ganning to approve the site plan review and lot size, width, and setback variances request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the following conditions: 1. The proposed front yard shade tree is planted further back from the sidewalk. 2. Tree protection fencing is installed to protect the tree lawn tree. 3. A revised landscape plan needs to be submitted for staff approval, including air conditioning condensing unit screening. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * #2279. YRM CORPORATION – 3633 PENNINGTON ROAD: A Public Hearing was held on the request of Ishmael Martin, YRM Corporation, 3633 Pennington Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and variances to the lot width, size, and side yard setback requirements 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 house is set back 3 feet from the side property line opposite the driveway. Code requires a 5 foot side yard setback. The property is 38 feet by 130 feet and 4,940 square feet. Code requires a minimum lot width of 40 feet and size of 5,600 square feet in the SF-3 Single Family Residential zoning district. All other location and setback requirements are code conforming. Site plan review is required for all new houses. See the conversation for 3553 Pennington Road. It was moved by Mr. Russell and seconded by Mr. Malone to approve the site plan review and lot size, width, and setback variances request based on the findings of fact and conclusions of law as set forth Board of Zoning Appeals & City Planning Commission 01/07/2025 Minutes Page 5685 in the Action Sheet with the condition that a revised landscape plan needs to be submitted for staff approval including air conditioning condensing unit screening. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * #2280. YRM CORPORATION – 3653 PENNINGTON ROAD: A Public Hearing was held on the request of Ishmael Martin, YRM Corporation, 3653 Pennington Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and a variance to the lot size requirements 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 40 feet by 130 feet and 5,200 square feet. Code requires a minimum lot size of 5,600 square feet in the SF-3 Single Family Residential zoning district. All location and setback requirements are code conforming. Site plan review is required for all new houses. See the conversation for 3553 Pennington Road. It was moved by Dr. Ganning and seconded by Mr. Russell to approve the site plan review and lot size variance request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the condition that a revised landscape plan needs to be submitted for staff approval including air conditioning condensing unit screening. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * #2281. YRM CORPORATION – 3670 PENNINGTON ROAD: A Public Hearing was held on the request of Ishmael Martin, YRM Corporation, 3670 Pennington Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and variances to the lot width, size and side yard setback requirements 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 house is set back 3 feet from the side property line opposite the driveway. Code requires a 5 foot side yard setback. The property is 38 feet by 115 feet and 4,370 square feet. Code requires a minimum lot width of 40 feet, and size of 5,600 square feet in the SF-3 Single Family Residential zoning district. All other location and setback requirements are code conforming. Site plan review is required for all new houses. Board of Zoning Appeals & City Planning Commission 01/07/2025 Minutes Page 5686 See the conversation for 3553 Pennington Road. It was moved by Mr. Malone and seconded by Mr. Russell to approve the site plan review and lot size, width, and setback variances request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the condition that a revised landscape plan needs to be submitted for staff approval including air conditioning condensing unit screening. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * #2282. YRM CORPORATION – 3693 PENNINGTON ROAD: A Public Hearing was held on the request of Ishmael Martin, YRM Corporation, 3693 Pennington Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and a variance to the lot size requirements 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 40 feet by 130 feet and 5,200 square feet. Code requires a minimum lot size of 5,600 square feet in the SF-3 Single Family Residential zoning district. All location and setback requirements are code conforming. Site plan review is required for all new houses. See the conversation for 3553 Pennington Road. It was moved by Mr. Russell and seconded by Dr. Ganning to approve the site plan review and lot size variance request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the condition that a revised landscape plan needs to be submitted for staff approval including air conditioning condensing unit screening. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * #2283. YRM CORPORATION – 3734 PENNINGTON ROAD: A Public Hearing was held on the request of Ishmael Martin, YRM Corporation, 3734 Pennington Road, to the Board of Zoning Appeals and City Planning Commission for site plan review and variances to the lot width, size and side yard setback requirements 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 stoop and basement. The property is 38 feet by 115 feet and 4,370 square feet. Code requires a minimum lot width of 40 feet, and lot size of 5,600 square feet in the SF-3 Single Family Residential Board of Zoning Appeals & City Planning Commission 01/07/2025 Minutes Page 5687 zoning district. The house is set back 3 feet from the side property line opposite of the driveway. Code requires a 5 foot side yard setback. All other location and setback requirements are code conforming. Site plan review is required for all new houses. See the conversation for 3553 Pennington Road. It was moved by Mr. Malone and seconded by Mr. Russell to approve the site plan review and lot size, width and setback variances request based on the findings of fact and conclusions of law as set forth in the Action Sheet with the following conditions: 1. Tree protection fencing is installed to protect the tree lawn tree. 2. A revised landscape plan needs to be submitted for staff approval including air conditioning condensing unit screening. Roll Call: Ayes: Weiss, Malone, Ganning, Russell Nays: None Motion Carried * * * * There being no further business, the meeting was adjourned at 8:30 p.m. The next meeting will be February 4, 2025. _________________________________ _________________________________ 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 01/07/2025 Minutes Page 5688