Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS MEETING MINUTES TUESDAY, DECEMBER 13, 2022 COUNCIL CHAMBERS 7:00 PM I. Call to Order Chair Chuck Victor called the meeting to order at 7:00 pm. II. Pledge of Allegiance III. Roll Call Commission Members present: Chuck Victor Richean Kuzior Melanie Bushey A motion to excuse Mr. Roy and Mr. Satterfield was made by Mrs. Kuzior and seconded by Mrs. Bushey. All members present voted in favor. (3-0) Administration present: Helene Hussing, Planning and Zoning Manager IV. Approval of Minutes A motion to approve the November 8, 2022 minutes was made by Mrs. Bushey and seconded by Mrs. Kuzior. All members present voted in favor. (3-0) V. Agenda Additions None VI. Correspondence & Communications 2023 BOARD OF ZONING APPEALS MEETING CALENDAR A motion to approve the calendar as presented was made by Mrs. Bushey and seconded by Mrs. Kuzior. All members voted in favor. (3-0) VII. Agenda Items a. Cases Case No. 1076 Angela Testa, applicant/owner 97 S Alling Rd – Accessory Structure • A Variance is requested from TCO 1103.03 B - Minimum Rear Yard Setback is 25 ft.  Request 15-foot variance, to allow 10-foot rear yard setback. • A Variance is requested from TCO 1103.03 B - Minimum Side Yard Setback is 10 ft.  Request 5-foot variance, to allow 5-foot side yard setback. Public Hearing opened at 7:03 pm. The representatives for this case, Carlo and Angela Testa, were sworn in. Board of Zoning Appeals December 13, 2022 Mr. and Mrs. Testa presented the plan according to the submitted plans. Discussion Mrs. Kuzior: How much larger is it than the old building? Mr. Testa: I'm not sure. Mrs. Hussing: The previous shed was under 200 sf so it met the setback but this one is over so it does not. Public Hearing closed at 7:09 pm. Mrs. Kuzior: I think the hardship here is the walnut tree in the backyard. It would be a shame to cut that down so I will be voting for it. Mr. Victor: Are your neighbors ok with it? Mrs. Testa: Yes, they have no concerns. The following motion was made by Mrs. Kuzior and seconded by Mr. Roy: I move to approve the variance request from Angela Testa, applicant and owner of the property located at 97 S Alling Dr for 2 variances requested from 1103.03 B minimum side yard setback is 10 feet to allow 5 feet and minimum rear yard setback is 25 feet to allow 10 feet, upon the showing based on the plans and application submitted dated November 16, 2022, and evidence presented that: 1. The strict application of the provisions of this Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this 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 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. And subject to the following condition: a. Approval by Summit County Department of Building Standards Additional Discussion Mr. Victor: I would add that the exceptional or extraordinary circumstances are the tree and that the variance has demonstrated that it will not be a detriment to the neighbors. I think it will be a nice addition. All members present voted in favor. (3-0) Case No. 1077 Eric Sonntag, applicant/owner 295 Northwest Ave – Lot Split & Lot Consolidation • A Variance is requested from TCO 1103.03 B - Minimum Side Yard Setback is 10 ft.  Request 4-foot variance, to allow 6-foot side yard setback. Public Hearing opened at 7:14 pm. The representative for this case, Eric Sonntag, was sworn in. Page 2