Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS Minutes of Meeting Held May 8, 2018 7:00 p.m. Council Chambers Date Time Place Members Present: Richean Kuzior, Tim Gregg, Richard Schunk, Chuck Victor Members Absent: Chaired by: Richean Kuzior Secretary: Regina Conti  Regular meeting  Special Meeting ADMINISTRATION PRESENT: Megan Raber, Law Director Adam Paul, Planning and Zoning Manager ITEMS TO BE DISCUSSED Case No. 1001 Gary D. Ellis – Applicant/Owner 749 S. Munroe Rd. Variance requested from Subsection 1154.08 (a) Minimum rear setback of 25 feet required. Request variance to 10 feet. For review and determination Case No. 1002 Jeffrey Rettberg – Applicant/Owner 207 Indian Hills Dr. Variance requested from requirements of Subsection 1117.10 City Construction Standards, maximum residential driveway approach width, 30 feet. Variance requested to allow 40 feet of width. For review and determination Case No. 1003 George Nehrenz, Jr. 729 S. Munroe Rd. Variance requested from Subsection 1154.03 (c) Accumulative area for all accessory buildings shall not exceed 900 sq. ft. Request variance to 1,205 square feet. For review and determination The May 8, 2018 meeting of the Board of Zoning Appeals was called to order at 7:00 p.m. by Chairman, Richean Kuzior. The meeting was opened with the Pledge of Allegiance. Roll called. All members were present with the exception of Melanie Bushey. Mrs Kuzior: I move to excuse Mrs Bushey. Mr Gregg: I second. Roll called. All members present voted in favor (4-0). Board of Zoning Appeals – May 8, 2018 2. Mrs Kuzior: The next item of business is the approval of the minutes for April 10, 2018. Do I have a motion? Mr Schunk: So moved. Mr Gregg: Second. Roll called. All members present voted in favor (4-0). Mrs Kuzior: Mr Paul, do we have additions to the agenda? Mr Paul: No. Mrs Kuzior: Okay. It is now 7:04 and I would like to hear case 1001 Gary D Ellis, applicant. Please state your name and address for the record. Case No. 1001 Gary D. Ellis – Applicant/Owner 749 S. Munroe Rd. Variance requested from Subsection 1154.08 (a) Minimum rear setback of 25 feet required. Request variance to 10 feet. For review and determination Mr Gary Ellis 749 S Munroe Rd Tallmadge OH. Mr Gary Ellis was sworn in. Mrs Kuzior: I open the public hearing. Can you tell us why you are seeking this variance? Mr Ellis: Yes. I would like to put a garage in my back yard and I am asking for a setback variance from 1154.08 from 25 feet to 10 feet where I could move the garage back 10 feet so the garage door would be able to go in without cutting down a real nice maple tree sitting in the middle of my backyard. I am basically asking for that setback variance from 25 feet to 10 feet. Mrs Kuzior: from the back lot? Mr Ellis: from the back lot. Side lot is okay. Just the back is what I am asking for. I tried to do many pictures. That would be if I put it at 25 foot right there, the garage door is going to be on this end – this tree would have to be removed. I would like to leave it there – it is a very nice tree. It is really about the tree issue. I do have the right size – the garage will not be over the 900 square feet. And I do have a shed there – so if I am granted this to be able to put the garage there- then the storage shed will be removed. Mrs Kuzior: So the two together are over 900 sq ft? Mr Ellis: Yes they would be. The garage is seven something and the shed is 10x12. It would be over slightly if they were both there. I do understand that it can’t be over the 900 sq ft. I would remove the shed. Mrs Kuzior: have you spoken to your neighbors about this plan? Mr Ellis: Yes – they have said we have no issues. Mrs Kuzior: Is there anybody in the audience that would like to speak on this case? No. Do we have questions from the Board? Okay I close the public hearing. I am in favor of this because I don’t like to cut down big, beautiful trees. I think that is his hardship. So I would be in favor of this. I think it will enhance your property. Can I hear more comments from the Board? Board of Zoning Appeals – May 8, 2018 3. Mr Victor: I agree with your comment that if we can save the tree and do minimal adversity to anyone else – it is a good deal. Mr Gregg: I agree. It looks like a good plan. Mrs Kuzior: Okay I will entertain a motion. Mr Gregg: I move to approve the variance request for applicant Gary D Ellis at 749 S Munroe for the requested variance from subsection 1154.08 minimum rear yard setback from 25 feet to 10 feet based on the plans and the application submitted and dated April 11, 2018 and the evidence presented. 1. That the strict application of the provisions of the Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of the Zoning Code. 2. There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood; 3. The granting of such a variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought and will not materially impair the purpose of this Zoning Code. Mrs Kuzior: I’ll second. Is there any discussion? Roll called. All members present voted in favor (4-0). Mrs Kuzior: your variance has been approved. Thank you. Mr Ellis: Thank you. Am I done? Do I have to come back in? To get my building permit? Mr Paul: You do begin the standard zoning process here. You apply for an accessory structure permit downstairs and after that is reviewed and approved you will need to apply and obtain a building permit from Summit County. Case No. 1002 Jeffrey Rettberg – Applicant/Owner 207 Indian Hills Dr. Variance requested from requirements of Subsection 1117.10 City Construction Standards, maximum residential driveway approach width, 30 feet. Variance requested to allow 40 feet of width. For review and determination. Mrs Kuzior: it is now 7:10 pm and I open the public hearing for case 1002, Jeffery Rettberg. Is the applicant present? Please come to the podium. Jeffery Rettburg, 207 Indian Hills Dr, Tallmadge Ohio. Mr Rettburg was sworn in. Mrs Kuzior: Can you tell us why you are asking for this variance? Mr Rettberg: Currently I have 3 cars and one of the cars I bring home from time to time is a City car. My driveway is so short that having 3 cars - I had to widen out my driveway. I was parking on the street. When I parked on the street – one night I got egged. When I parked in my driveway and it was a two car driveway my wife backed into the car. To come out of the garage there is not enough width to get around. So my goal is to make it 30 feet wide, 40 feet at the apron and that is why I am seeking a variance. My hardship is trying to maneuver cars in the driveway. Board of Zoning Appeals – May 8, 2018 4. Mrs Kuzior: have you spoken to any of your neighbors about this? Mr Rettberg: Yes, I have spoken to numerous neighbors, and none of them have an issue. Mrs Kuzior: Okay. And they also could have come because they were given notice of this. Mr Rettberg: Yes – they could have come. If you drove by my property you can see where I parked one car on the gravel for the winter because if it was in my driveway it would have hindered me getting my car in and out and if it was parked on the road it would be in the way when the plows went through. Mrs Kuzior: how long is your driveway? Currently? Mr Rettberg: About 20 some feet. Mrs Kuzior: I think it is a nuisance to park on the street, too. Mr Rettberg: it has been a headache to park on the street. My neighbor has a number of children – and they seem to park on my side of the street and park along my house. I understand that is what they need to do. They have numerous cars in their driveway -they are jockeying in and out. This is existing here. I want to come 3 feet out over here from the side of the house. At this point I want to flare – this is why I am going for the variances – for the flares – over here and over here. And here is where the slab is right now. I am coming over 10 feet from here approximately to come down this way. I will take out the sidewalk and now. If you went by the house you saw my apron was put in by the City some years ago and it is all heaved. So I will take out the apron and put 6 inches of concrete there. I will have the curb cut. I would have had the curb cut already but I had a delay with the variance. I will cut the curb from here to here. It’s about a section from here to here and a small section over here to give me the room so I can pull out and pull in and be able to swing. With the current conditions, the 30 foot, I would have to come straight out and wouldn’t be able to jockey the car. So that is the goal. This is all gravel right now. I took out all these bushes and I moved the mailbox – approximately over here. Then I will come down from along the house here to give me width here. This way if someone parks here they are not falling out into the lawn. I can pull a car out here and I can have another car sitting here – giving us adequate space. It is a short span – it might be deceiving by the plot. If this is approximately 20 some odd feet – you can see. If I pull in my car is from here to here. I don’t know if anyone drove by to see that. Mrs Kuzior: I don’t think it will look out of place, either. Because it is not coming beyond your house. Mr Rettberg: My door is right here – so I am coming over here. This is all going to be concrete here and they will redo the concrete along here. It should look nice and it will be a plus to what I have now. Mrs Kuzior: A lot of times these corner lots are hard to maneuver. Mr Rettberg: It is such a short span. If you were to go up the road over here - there is one over there that is at least 3 wide; there is two going on Fawnwood that are at least 3 wide and there are corner lots as well because it is such a short driveway. So there are existing ones as well. Mr Schunk: Right now with your parking situation you have to leave the end of the car hanging over the sidewalk? Mr Rettberg: No it doesn’t hang over the sidewalk. The other thing is - if I didn’t change this I don’t have the room to go like this. And that is why I want to be able to pull straight back. Someone said – you can go wider – as wide as you wanted at the top - but that does not do me any good because I can’t jockey! That is my hardship. Mr Victor: On your plot – your sketch - 30 feet plus 3 and 3 – actually 36 feet with the flares and the variance is saying 40. It is going to be less than that, correct? Board of Zoning Appeals – May 8, 2018 5. Mr Rettberg: I went for more in case it is off a little bit. I am hoping it is less that 40 but in case when he does it – it goes out 5 feet to get the right angle. It could be 3-5. Mr Victor: Okay. I understand. Mr Paul: If I may, also Mr Victor, it is advisable to apply in that way just in the event there is need for play and we often time advise applicants to do so. Mr Victor: Okay. Mrs Kuzior: There isn’t anyone in the audience that would like to speak on this case? Okay, I will close the public hearing. Do we have any discussion or questions from the Board for Mr Rettberg? Mr Gregg: No. It is within the framework of the house. I think it is a good plan. Mr Victor: having driven by the house he is correct that approach now has heaved considerably. Anything he does should help to improve the property. Mrs Kuzior: enhance it. Yes – I agree. Well, I think your hardship is the fact that you can’t use it as it presently is. We can entertain a motion. Mr Schunk: I will move to approve the variance request for applicant Jeffrey Rettburg owner/applicant at 207 Indian Hills Drive for the property located at that location from subsection 1117.10 City Construction Standards, maximum residential driveway approach width shall be 30 feet and the variance requested is to allow an approach width of 40 feet. Further that the requested variance is based on the plans dated April 12, 2018 and the evidence presented. 1. That the strict application of the provisions of the Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of the Zoning Code. 2. There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood; 3. The granting of such a variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought and will not materially impair the purpose of the Zoning Code. Mrs Kuzior: second. Roll called. All members present voted in favor (4-0). Mrs Kuzior: Your variance has passed. Mr Rettberg: Thank you very much. Mr Paul: Mr Rettberg, thank you sir. I remind you to obtain street opening permits through our office and then you will contact the street department for both Pre-Pour and final inspections when you are ready to go with the work. Mr Rettberg: I already have the permit for the curb cutting and I would like to proceed on that this week depending on if I can get the curb cutter set. Mr Paul: you can do so if you are permitted. I advise you to contact the Street Department just to let her know what your schedule is for that and any additional ones in the right of way and we will help you along with that. Mr Rettberg: Thank you sir. Mr Paul: Thank you very much. Board of Zoning Appeals – May 8, 2018 6. Mrs Kuzior: it is 7:21 and we will open case number 1003. George Nehrenz are you present? Case No. 1003 George Nehrenz, Jr. 729 S. Munroe Rd. Variance requested from Subsection 1154.03 (c) Accumulative area for all accessory buildings shall not exceed 900 sq. ft. Request variance to 1,205 square feet. For review and determination George William Nehrenz, Jr, 729 S Munroe Mr Nehrenz was sworn in. Mrs Kuzior: Can you tell us why you are seeking this variance? Mr Nehrenz: We are new residents of Tallmadge, moved here in March. We have been rehabbing the property at 729 S Munroe. We are just about done with the inside and now it is time to start working on the outside. I have a separate garage that is detached from our house. The way the property is set up, I live on a corner lot, I would really like to put a breezeway connecting the garage to the house. There are so many reasons – just listing some of them – moving from the garage to the house out of the elements; secure place for our pets; out of the elements; improving the overall nature of the home itself. It will give us more living space, approximately 300 sq feet – adding on to the house – adding value to the home and the property around. I appreciate your consideration to let me build this breezeway. I am going to attach the garage. The man door for the garage is here and the other man door for our home is here. I am going to put a breezeway straight across here. This is all concrete pad – so we will be using the existing concrete pad and building onto it. Mrs Kuzior: Is it just going to be a roof or is it going to have walls, etc. Mr Nehrenz: I will have storm doors and screen doors and use it for entertaining, have the grandkids over, have cookouts. Mrs Kuzior: I think it will enhance the property myself. I had a detached garage – and that is awful – in the rain, winter. So have you spoken to your neighbors about your plans? Mr Nehrenz: I have. I have not met everybody within 500 foot – there is 30 houses. I have talked to the immediate neighbors and they are excited to see someone putting in improvements. Mrs Kuzior: fixing up the place. Do you Board members have any questions for the applicant? I think you explained it pretty well. Mr Nehrenz: it will be nice – about ½ acre – it will be real nice property. Mrs Kuzior: I certainly understand the hardship of a detached garage. Mr Nehrenz: I would like to thank Mr Paul for his assistance. Mr Paul: absolutely, thank you, we appreciate that. Mrs Kuzior: Any questions from anyone? There is nobody in the audience to speak. I will close the public hearing. Any further discussion? I will entertain a motion. Board of Zoning Appeals – May 8, 2018 7. Mr Victor: I move to approve the variance request for George Nehrenz Jr, owner/applicant for the property located at 729 S Munroe Rd. Variance request from subsection 1154.03 Accumulative area for all accessory buildings shall not exceed 900 sq ft. Variance request to allow 1205 sq feet upon the showing based on plans and application submitted April 12, 2018 and evidence presented that: 1. The strict application of the provisions of the Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of the Zoning Code. 2. There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood 3. The granting of such a variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought and will not materially impair the purpose of this Zoning Code. Mr Schunk: second Roll called. All members present voted in favor (4-0). Mrs Kuzior: Your variance has passed. Mrs Kuzior: I move to adjourn. All members voted in favor (4-0). Meeting adjourned at 7:28 p.m. Respectfully submitted, ______________________________________ ______________________________________ Regina Conti, Secretary Richean Kuzior, Chairwoman