Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS Minutes of Meeting Held November 12, 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: John Scavelli, Assistant Law Director Roger Lyons, Zoning Department ITEMS TO BE DISCUSSED Item #1 Case No. 933 Joseph A. Trecaso – Applicant/Owner 567 Dunbar Road Variance requested from Subsection 1154.06 (a) and (c); Minimum lot width of 100 feet required at street right of way and at minimum front yard setback Request variance to 85 feet For review and approval. The November 12, 2013 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 need the approval of the minutes of the meeting October 8, 2013. Mr. Schunk: So moved. Mr. Bushey: seconded the motion. Roll called. All members voted in favor (5-0). Mr. Heilmeier: Is there any agenda additions for tonight’s meeting? Board of Zoning Appeals – November 12, 2013 2. Mr. Lyons: No sir. Mr. Heilmeier: Any correspondence or communications? Mr. Lyons: No sir. Mr. Heilmeier: At this time, I will make a statement. Due to a personal and professional relationship with the applicant, at this time I’m going to recues myself from this case and let the Vice Chair run the meeting at this point. Mrs. Kuzior: The next item of business is the Public Hearing for Case No. 933. Item #1 Case No. 933 Joseph A. Trecaso – Applicant/Owner 567 Dunbar Road Variance requested from Subsection 1154.06 (a) and (c); Minimum lot width of 100 feet required at street right of way and at minimum front yard setback Request variance to 85 feet For review and approval. Mrs. Kuzior: I now declare the Public Hearing open (7:00 p.m.). Is the applicant present? Please go to the podium. Please state your name. Mr. Trecaso: Joseph A. Trecaso. Mr. Joseph A Trecaso was sworn in. Mrs. Kuzior: Can you tell us why you’re seeking this variance. Mr. Trecaso: To legalize my lot. I live at 577 Dunbar Road. North of me is another lot that I own which is 100 x 430 and my lot is 100 x 430. What I need is to make the lot legal, I’ve been using this here to extend my driveway for 40 years. I had it cemented about 15 years ago. Now it’s all part of my house and I’m 15’ over onto that property. What I would like to do is get the variance so its 85’ for that lot and 115 for my lot. In other words, when I pull into my driveway I need that extra space to back into my garage which is underneath. Mrs. Kuzior: Mr. Trecaso, are you doing this so that you can sell this extra lot? Mr. Trecaso: Yes. Mr. Schunk: So you live at 577 and the lot at 567 is also yours but you want to reduce the width from 100’ wide to 85’. Mr. Trecaso: Yes. Board of Zoning Appeals – November 12, 2013 3. Mr. Schunk: So you’re going to have that lot resurveyed. Mr. Trecaso: Right. Mrs. Kuzior: So how many acres do you have? Mr. Trecaso: Both of them lots together is 2’ less than two acres. Just about two acres. Mrs. Kuzior: So when you take land from the other one it will be about ¾ of an acre? Mr. Trecaso: Yes. Mrs. Kuzior: Okay. Mrs. Bushey: You have the lot for sale right now. There’s a sign. Do you have anyone interested in it? Mr. Trecaso: I have it for sale. What did you say? Mrs. Bushey: You have a for sale sign on the lot right now. Do you have any takers that are interested? Mr. Trecaso: No. I’ve had a call or two but they just ask questions and hang up. They want to know if the driveway goes with it. No, the driveway stays with me. Mrs. Kuzior: Are there any comments from the Board? I’ll entertain a motion. I’ll make a motion that we approve the variance for the property located at 567 Dunbar Road. Variance requested from Subsection 1154.06 (a) and (c) minimum lot width of 100 feet required at street right of way and at minimum front yard setback; request variance to 85’. Mrs. Bushey: seconded the motion. Mrs. Kuzior: Please call the roll. Mr. Schunk: Can I just get a clarification. That variance is for lot number 567, correct? Roger, couldn’t Mr. Trecaso also accomplish the same thing by allowing or by taking an easement on that property? Mr. Lyons: That would be a possibility. A person driving down the street won’t be able to tell the difference. Mr. Schunk: Exactly but I’m just wondering if it would help make the lot more saleable by sticking an easement on the lot. Mr. Trecaso: Then I would take 15’ of his lot. He’d still have to stay over. Board of Zoning Appeals – November 12, 2013 4. Mr. Schunk: It would still be the same. Mr. Trecaso: I know that Gene Riggins mentioned that. I don’t know how that would work, the easement. If they would sell the property they would have to approve of that. Mr. Schunk: The easement would go with it. Mr. Trecaso: Would go with it. I just wanted to make it cut and dry. I don’t know. It would be a lot easier for me. Mr. Lyons: Just one other point in that regard, when you move the property line over to the 85’ mark then his setback will be from the new property line of 10’ minimum side yard whereas with the easement there, he could be right up to that easement line. Mr. Trecaso: Yes, that makes sense. True. Mr. Lyons: Just another point, you do have a year in which you would have to act on the variance. Then it expires. If you decide at some point that you would prefer an easement over an 85’ wide lot, you could still do that. Mr. Trecaso: Okay. Mrs. Kuzior: Would the easement just be for the driveway then? It would just be that section of the driveway that would be in the easement or would it be the whole length of the Mr. Lyons: He could make it whatever he wanted. Mrs. Kuzior: Either way. Mr. Lyons: Whatever he wants. He could also, the 85’, typically you have a rectangular lot but he could jut around the driveway as long as he stays with the 85’ if the variance is granted. Mrs. Kuzior: It might make it more saleable. Mr. Trecaso: What if they wouldn’t go for the easement. What if they wouldn’t like that, the buyer? Mr. Lyons: Right. Mr. Trecaso: That’d be another problem I’d have to come up with a solution. I figure this other way, it would be cut and dry. That’s the size of the lot. What makes it simplest? Mr. Schunk: You’re taking 15’ off that lot clear back to the rear of the property. Board of Zoning Appeals – November 12, 2013 5. Mr. Trecaso: Yes. Mr. Lyons: He wouldn’t have to but he could. Mr. Schunk: Yes. Mr. Trecaso: Oh. Mr. Lyons: You could take it 85’ back 100’ or whatever you wanted to take it back and then square it off. Mr. Trecaso: That’s food for thought. It wouldn’t bother me. Mr. Lyons: It would be up to you. We could talk about it whenever you think about your different options. Mr. Trecaso: Okay. Mrs. Kuzior: Would they do that when they made the new deed? Is that how they would do that? Mr. Lyons: They would have to go through a minor subdivision approval process where he would hire a surveyor and he would make a drawing and new legal descriptions for the two pieces. Mr. Scavelli: It would have to be recorded. Mrs. Kuzior: That’s going to happen anyway if he does this, right? Mr. Lyons: Yes. Mrs. Kuzior: Either way; with the easement or without the easement, he’s going to have to do that to sell it. Mr. Lyons: Well the easement that would be totally up to him. That wouldn’t involve the city. Mrs. Kuzior: Oh, okay. Mr. Lyons: I did notice as I looked at the GIS map in the application, it appears that the property just south of his property which is probably 587 Dunbar, it does show to be 85’ wide. There is at least that lot within the neighborhood. Mr. Trecaso: I think there would be less complication if we would just get the 85’ rather than try to say to somebody well you got an easement here and then he says I don’t know if I like that. Then I got to come back here again. Board of Zoning Appeals – November 12, 2013 6. Mrs. Kuzior: Well, if we vote on it tonight, it’s good for a year. Mr. Trecaso: Okay. Mrs. Kuzior: Then you can decide what you want to do. We’re going to vote on it regardless and then you can decide what you want to do. You can think about it. Mr. Trecaso: Okay. I have the option either way then. Mrs. Kuzior: Yes. Mr. Trecaso: Okay, very good. Roll called. All members present voted in favor with the exception of Mr. Heilmeier who did not vote (4-0). Mrs. Kuzior: Your variance has passed. Mr. Trecaso: Oh, thank you! Mr. Heilmeier: I’ll entertain a motion for adjournment, please. Mrs. Bushey: So moved. 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