Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS Minutes of Meeting Held October 8, 2013 7:00 p.m. Council Chambers Date Time Place Members Present: Kevin Heilmeier, Melanie Bushey, Richard Schunk, Richean Kuzior and David Cooper Members Absent: Chaired by: Kevin Heilmeier Secretary: Velma Williams  Regular meeting  Special Meeting PRESENT: Megan Raber, Law Director Roger Lyons, Zoning Department ITEMS TO BE DISCUSSED Item #1 Case No. 931 Kyle & Tesse Heller – Applicant/Owner 988 Beechwood Drive Variance requested from Subsection 1154.09 (a); Minimum side yard setback of 10 feet from required; Request variance to 3 feet For review and approval. Item #2 Case No. 932 Dave Thomas and Son Construction – Applicant Fredrick C. Kerscher – Owner 230 Fawnwood Drive Variance requested from Subsection 1155.07 (a) Minimum front yard setback of 50 feet required; Request setback to 45 feet For review and approval. The October 8, 2011 meeting of the Board of Zoning Appeals was called to order at 7:00 p.m. by Chairman, Kevin Heilmeier. The meeting was opened with the Pledge of Allegiance. Roll called. All members present. Mr. Heilmeier: I would entertain a motion for approval of the September 10, 2013 meeting minutes. Board of Zoning Appeals – October 8, 2013 2. Mr. Schunk: So moved. Mrs. Bushey: seconded the motion. Roll called. All members voted in favor (5-0). Mr. Heilmeier: Is there any agenda additions for tonight’s meeting? Mr. Lyons: No, sir. Mr. Heilmeier: Any correspondence or communications? Mr. Lyons: No sir. Mr. Heilmeier: Thank you. It is now 7:01 p.m. I’ll declare the Public Hearing open. Is the applicant here? Item #1 Case No. 931 Kyle & Tesse Heller – Applicant/Owner 988 Beechwood Drive Variance requested from Subsection 1154.09 (a); Minimum side yard setback of 10 feet from required; Request variance to 3 feet For review and approval. Mr. Heller: Yes. Mr. Heilmeier: Sir, come up and we’ll swear you in. Mr. Kyle Heller was sworn in. Mr. Heilmeier: State your name and address, please. Mr. Heller: Kyle Heller, 988 Beechwood Drive. Mr. Heilmeier: Go through why you’re requesting the variance. Mr. Heller: We’re looking to put an addition on the east side of the house, 14’ addition. To build within the eaves or overhang would be 3’ to the property line. We’re looking for a variance to go out that way. Mr. Heilmeier: Is there anybody in the audience would like to speak on behalf of this variance? Mr. Mayor, I think you have some comments you’d like to make. Mayor Kline: Thank you, Mr. Chairman. On behalf of the city, the lot that they’re trying to get their variance close to actually belongs to the City of Tallmadge. As you Board of Zoning Appeals – October 8, 2013 3. can see up on the photograph that I have up, for the record that is the Summit County Ortho Maps dated 2005, just for the record. The city owns the lot that I’m pointing to now that’s right off of Beechwood. This is their house there. They approached the city to purchase 10’ of our property and we thought and talked about it but there’s a gas line that travels down closer to their property then we have the water line and we have an electric line going to that so the city does not have any intention of ever building on that lot. I’m not opposed to this variance at all. I’m okay if this Board wanted to grant it. Maca Pool is back in behind it. Those utilities actually go back in to the pool. In lieu of actually selling property to them, it would be much easier just to grant the variance to them. Mr. Heilmeier: Is there anybody else in the audience would like to speak in favor of this variance? Anybody in the audience like to speak in opposition of this variance? At this time, I’ll close the Public Hearing (7:05 p.m.). Does the Board have any questions for the applicant or the city? Mrs. Kuzior: Mr. Chairman? Mr. Heilmeier: Yes? Mrs. Kuzior: I don’t see any problem with this. Since the city has stated that they have no problem with the variance and there isn’t going to be anybody there to encroach on the land, I don’t see a problem with this. I think it will enhance the property and the neighborhood. Mr. Heilmeier: Any other questions? Mrs. Bushey: I believe his hardship is that he wasn’t able to buy the property. Mr. Heilmeier: I’ll entertain a motion for the variance. Mr. Schunk: I’ll move that the application for a variance from Subsection 1154.09 (a); minimum side yard setback of 10’ required; requesting a variance to 3’, I recommend this be granted. Mrs. Kuzior: seconded the motion. Mr. Heilmeier: Any further discussion at this time? I do have one question for the city. At one point it says 3’ and on the letter from the applicant it says 5’. Do we need to adjust anything? Mr. Lyons: The 5’ was to the foundation and they have a 2’ overhang so 3’ is correct. Mr. Heilmeier: So we’re okay with the way it’s written. Mr. Lyons: Yes. Board of Zoning Appeals – October 8, 2013 4. Mr. Heilmeier: Any other questions? At this time, we’ll have a roll call, please. Roll called. All members voted in favor (5-0). Mr. Heilmeier: Sir, your variance passed. Mr. Heller: Thank you. Mr. Heilmeier: Thank you. It is now 7:06 p.m. Item #2 Case No. 932 Dave Thomas and Son Construction – Applicant Fredrick C. Kerscher – Owner 230 Fawnwood Drive Variance requested from Subsection 1155.07 (a) Minimum front yard setback of 50 feet required; Request setback to 45 feet For review and approval. Mr. Heilmeier: Is the applicant present? I now declare the Public Hearing open (7:06 p.m.). Mr. David Thomas was sworn in. Mr. Heilmeier: State your name and address please. Mr. Thomas: David Thomas, 961 Treat Boulevard, Tallmadge, Ohio. Mr. Heilmeier: Mr. Thomas, you are the contractor, correct? Mr. Thomas: Yes. Mr. Heilmeier: Okay, you want to go through the request for the variance? Mr. Thomas: We’re going to put a porch across the front of their house. We’re going to come 5’ closer than the 50’ setback to 45’. It’s just a roof, like a covered walkway. There should be, you should have some drawings. Mr. Heilmeier: Is there anybody in the audience would like to speak on behalf of this variance? Anybody in the audience that would like to speak on behalf of this variance? Anybody in this audience would like to speak in opposition of this variance? Again, anybody in opposition? Okay, we’ll close the Public Hearing and we’ll turn it over to the Board. (7:07 p.m.) Mrs. Bushey: Dave, is this going to have any kind of closure? Mr. Thomas: No, it’s all open. Board of Zoning Appeals – October 8, 2013 5. Mrs. Bushey: So you can see the nice stone brick. Mr. Thomas: Yes, right. You’ll still be able to see the stone. What we’re doing is extending the cantilever of the second floor out so it will be 8’ wide. It will be the ceiling of the porch. The roof just comes up under the windows in the front. Four posts and that’s about it. Mr. Heilmeier: any other questions? Could we have a motion please? Mrs. Kuzior: I’ll make a motion that we approve the variance for the property located at 230 Fawnwood Drive; Subsection 1155.07 (a); minimum front yard setback of 50’ required; requesting the variance to 45’. Mrs. Bushey: seconded the motion. Mr. Heilmeier: Any further discussion? Roll called. All members voted in favor (5-0). Mr. Thomas: Thank you very much. Mrs. Kuzior: I’ll make a motion that we adjourn. Mr. Cooper: seconded the motion. All members voted in favor (5-0). Meeting adjourned at 7:15 p.m. Respectfully submitted, ______________________________________ ______________________________________ Velma J. Williams, Secretary Kevin Heilmeier, Chairperson