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AGENDAS & MINUTES / BOARD OF ZONING APPEALS / 2012:
 
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 Meetings Convened in December 2012:

December 17, 2012: Board of Zoning Appeals
AGENDA:

 
To meet in Special Session on Monday, December 17, 2012, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: Kimberly Colich, Chair; David Bader, Frank Novak, Russell Warren
 
Others: Paul Murphy, Director of Law; Larry Puskas, Building Inspector; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
 
Minutes:
 
Approve minutes of the Regular Meeting held August 13, 2012.
 
Approve minutes of the Regular Meeting held November 12, 2012.
 
Swear in Kim Colich, to renew her term on the Board of Zoning Appeals
 
Swear in Frank Novak, to renew his term on the Board of Zoning Appeals.
 
Case No. 2012-06:
 
Request of Tom McFiggin for and with the residents of Lyndhurst Park Estates, located at 4947 Countryside Road, for a variance from Chapter 1392.02 of the Planning and Zoning Code to erect an eight foot high stockade rear boundary fence. The fence would include parties at 4947, 4935, 4955, 4963, 4965, 4967 and 4971 Countryside Road, which abuts the YMCA property. This would exceed the six foot in height above natural grade that is allowed.
 
Case No. 2012-07:
 
Request of Old Carolina BBQ, located at 5100 Mayfield Road for a variance from Chapter 1170.09 (a)(1) of the Planning and Zoning Code for two additional monument signs. This would exceed the one monument sign permitted for commercial identification in the Community Business District. The Crossroads currently has two monument signs which are shared by all businesses within the shopping plaza
 
December 17, 2012: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals met in Special Session on Monday, December 17, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Kimberly Colich, Chair, David Bader, Frank Novak, Russell Warren
 
Others Present: Paul Murphy, Director of Law, Joe Mandato, Housing Inspector, Clarice J. White, Acting Secretary
 
It was moved by Mr. Warren, seconded by Mr. Novak that the reading of the minutes of the Regular Meeting held August 13, 2012, copies of which were mailed to all members, be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
It was moved by Mr. Bader, seconded by Mr. Novak that the reading of the minutes of the Regular Meeting held November 12, 2012, copies of which were mailed to all members, be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed with Mr. Warren abstaining.
 
Motion carried.
 
Mr. Murphy administered the Oath of Office to both Ms. Kim Colich and Mr. Frank Novak, to renew their terms on the Board of Zoning Appeals.
 
At this time, Mr. Murphy gave an overview of procedures.
 
Case No. 2012-06
 
Request of Tom McFiggin for and with the residents of Lyndhurst Park Estates, located at 4947 Countryside Road, for a variance from Chapter 1329.02 of the Planning and Zoning Code to erect an eight foot high stockade rear boundary fence. The fence would include parties at 4947, 4935, 4955, 4963, 4965, 4967 and 4971 Countryside Road, which abuts the YMCA property. This would exceed the six foot in height above natural grade that is allowed.
 
Grounds for appeal and Section 1329.02 of the Planning and Zoning Code were ready by Mr. Bader, Secretary.
 
Letters of invitation were sent to all pertinent property owners, a copy of which is made part of the permanent file.
 
Mr. Mandato stated no letters were received in answer to the notification sent by the Building Department.
 
The following witness signed the register and was sworn in by Mr. Murphy:
 
Tom McFiggin, 4947 Countryside Road
 
Mr. Tom McFiggin, 4947 Countryside Road, testified that presently and in years past, the YMCA has been a good neighbor. He then testified that he and his neighbors feel an eight (8) foot high stockade fence is warranted due to the fact that recently, the YMCA has removed a lot of scrub growth along the rear property line, which afforded the residents on Countryside Road screening from both noise and the YMCA's parking lot. He also stated testified there is an existing chain link fence on the YMCA's property that is in disrepair. He then submitted photographs of the view from the rear yards of Countryside Road looking towards the YMCA, showing symbols depicting a proposed stockade fence at both six (6) feet and eight (8) feet heights.
 
In answer to Mr. Warren's question, it was found that the YMCA is zoned residential; therefore a six (6) foot or an (8) foot high stockade fence is not warranted between the same zoning classifications, according to the zoning code; hence the request for a variance.
 
In answer to Mr. Warren's question regarding the purchase and placement of the proposed fence, Mr. McFiggin testified that he has spoken to the YMCA about the proposed fence; the YMCA is not opposed to the fence, however he has not asked the YMCA to pay for the cost of the proposed fence. In answer to the question regarding the placement of the proposed fence, Mr. McFiggin testified that there is one property owner along the rear property line of the YMCA that has not signed the contract for the erection of the proposed fence; however in speaking with that neighbor, he is not opposed to the proposed fence.
 
In answer to Mr. Novak's question, Mr. McFiggin testified that the property owner that has yet to sign the contract for the proposed fence, is not listed in the appeal. He then testified that one contractor will be doing the work, to keep a uniform look.
 
In answer to Mr. Bader's question regarding the side yard of 4971 Countryside, Mr. McFiggin testified that the proposed stockade fence will end at 4967 Countryside Road, and not include the side yard of 4971 Countryside Road.
 
It was noted that that special recommendation would have to be considered for a proposed side yard fence at 4935 Countryside Road.
 
F I N D I NG S
 
The Board finds:
 
1. There were no objections from abutting property owners.
 
2. Most of the abutting property owners are part of the group requesting a variance.
 
3. The grade of the property line is much lower than the grade of the house, which is a further justification for a height variance.
 
4. The YMCA is zoned 1 Acre, Single Family, but is found to be a commercial use, therefore an eight (8) foot high stockade fence is justified.
 
5. The portions of Lyndhurst Park Estates that abuts Mayfield Road have an existing eight (8) foot high stockade fence.
 
6. 4971 Countryside will not be included in the request for appeal, and 4935 Countryside is requesting an eight (8) foot high stockade fence on the side property line, to be contiguous with the rest of the rear yard fence along Countryside Road.
 
7. There is an existing stockade fence in that neighborhood, along Mayfield Road, which does not change the character of the neighborhood.
 
It was moved by Mr. Warren, seconded by Mr. Novak that recommendation be made to Council to confirm the decision of the Board to grant requested variance based on the above findings.
 
Roll Call: Yeas: Colich, Bader, Novak, Warren | Nays: None
 
Motion carried.
 
Case No. 2012-07
 
Request of Old Carolina BBQ, located at 5100 Mayfield Road for a variance from Chapter 1170.09 (a)(1) of the Planning and Zoning Code for two additional monument signs. This would exceed the one monument sign permitted for commercial identification in the Community Business District. The Crossroads currently has two monument signs which are shared by all businesses within the shopping plaza.
 
Grounds for appeal and Section 1170.09 (a)(1) were read by Mr. Bader.
 
Letters of invitation were mailed to all pertinent property owners, a copy of which is made part of the permanent file.
 
Mr. Mandato stated no letters were received in answer to the notification sent by the Building Department.
 
The following witnesses signed the register and were sworn in by Mr. Murphy:
 
Steve Eisenberg, 24500 Chagrin Bl, Suite 102, Beachwood
E. Dale Inkley, 5126 East Farnhurst
Todd Schafer, 13190 Kaufman (?) Ave
 
Mr. Steve Eisenberg, leasing and management of Crossroads, testified that his company has revamped the shopping center a number of years ago for optimum visibility of all the storefronts and various improvements to the parking lot. He then testified that currently, Old Carolina Barbecue Company is not visible from Mayfield Road due to Boston Market, which is a separate parcel, being in front of it. He then testified that by allowing Old Carolina Barbecue the additional signage, it would greatly increase the street identity of the restaurant.
 
In answer to Mr. Novak's question regarding other tenants that may want separate signage, Mr. Eisenberg testified that he can justify the separate sign due to the square footage and location of the store.
 
Mr. Bader stated that the existing signs on storefronts in the Crossroads are difficult to read from Mayfield due to the age and aesthetics of the signage.
 
Mr. Eisenberg testified that in the near future, his plan is to propose a new sign plan for the entire shopping center, which will include monument signs and storefront signs.
 
In answer to Ms. Colich's question regarding having Old Carolina Barbeque on the sign proposal in the future, Mr. Eisenberg testified that he doesn't feel that displaying Old Carolina Barbeque on a monument sign with the other tenants will give them the proper identity, exposure and recognition they need.
 
Mr. Bader stated his concern with the placement of the proposed three (3) foot by six (6) foot sign adjacent to the sidewalk along Richmond Road; he feels it gives limited sight distance to pedestrians and bicycle traffic.
 
Mr. Eisenberg testified that he is not opposed to repositioning the proposed sign along Richmond Road to where it would not impede visibility. In answer to Ms. Colich's question, Mr. Eisenberg testified that the proposed sign along Mayfield Road is two sided and perpendicular to Mayfield Road; the proposed sign along Richmond Road is V shaped for optimum visibility.
 
Ms. Colich recommended moving the proposed sign along Mayfield Road back further towards the shopping center.
 
Todd Schafer, owner of Old Carolina Barbeque, testified that he has invested a lot of money into advertising to create more exposure due to the location of the restaurant. He further testified that his goal is to give back to the community.
 
In answer to Mr. Inkley's questions, Mr. Eisenberg testified that it is not his intent to install electronic signs in the Crossroads. He further stated that Old Carolina stated they would opt out of the existing monument sign (listing all tenants) if they are granted a variance for a monument sign.
 
In answer to Mr. Warren's question, Mr. Schafer testified that the proposed signs will be illuminated by spotlights.
 
F I N D I N G S
 
The Board finds that:
 
1. There were no objections from abutting property owners.
 
2. The restaurant is in a unique location as to site lines, and is hidden from both Richmond and Mayfield Roads.
 
3. Old Carolina Barbeque has entrances on both Mayfield and Richmond Roads.
 
4. The restaurant is at a corner location in addition to it having the largest square footage in the shopping center, is still not visible to the traffic along both Mayfield and Richmond Roads.
 
5. The restaurant is immediately behind a building that is blocking it.
 
It was moved by Mr. Novak, seconded by Mr. Bader that recommendation be made to Council to confirm the decision of the Board to grant requested variance based on the above findings and following conditions:
 
1. The exact location of the proposed signs be studied to ensure the safety of pedestrian and bicycle traffic.
 
2. The placement of the proposed signs be approved by the Lyndhurst Police Department.
 
Roll Call: Yeas: Colich, Bader, Novak, Warren | Nays: None
 
Motion carried.
 
It was moved by Mr. Bader, seconded by Mr. Warren that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 9:00 p.m.
 
Kim Colich, Chair
 
Approved:
 
Attest:

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 Meetings Convened in November 2012:

November 12, 2012: Board of Zoning Appeals
AGENDA:

 
To meet in Regular Session on Monday, November 12, 2012, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: Kimberly Colich, Chair; David Bader, Frank Koss, Frank Novak, Russell Warren
 
Others: Paul Murphy, Director of Law; Larry Puskas, Building Inspector; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
 
Minutes:
 
Approve minutes of the Regular Meeting held August 13, 2012.
 
Approve minutes of the Regular Meeting held October 8, 2012.
 
Case No. 2012-05:
 
Request of Patrick Ackerman of Boyer Signs, a representative of Mar-Lou Shoes, for a variance from the provisions of Section 1170.18 of the Planning and Zoning Code. The applicant requests to construct an electronic moving digital message sign at 5471 Mayfield Road. The code limits these electronic signs to properties having five (5) or more acres and six hundred (600) feet of frontage.
 
November 12, 2012: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals of the City of Lyndhurst met in Regular Session on Monday, November 12, 2012 in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Kimberly Colich, Chair; David Bader, Frank Koss, Frank Novak
 
Member Absent: Russell Warren
 
Others Present: Paul Murphy, Director of Law; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
 
The minutes of the Regular Meeting held August 13, 2012, were tabled due to a lack of a quorum that was at this meeting.
 
It was moved by Mr. Koss, seconded by Mr. Bader that the reading of the minutes of the Regular Meeting held October 8, 2012, copies of which were mailed to all members, be dispensed with and said minutes stand approved as circulated.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Mr. Murphy gave an overview of procedures for area variances.
 
Case No. 2012-05
 
Request of Patrick Ackerman of Boyer Signs, a representative of Mar-Lou Shoes, for a variance from the provisions of Section 1170.18 of the Planning and Zoning Code. The applicant requests to construct an electronic moving digital message sign at 5471 Mayfield Road. The code limits these electronic signs to properties having five (5) or more acres and six hundred (600) feet of frontage.
 
Grounds for appeal and Section 1170.18 of the Planning and Zoning Code were read by Mr. Bader, Secretary.
 
Letters of invitation were mailed to all pertinent property owners, a copy of which is made part of the permanent file.
 
Mr. Mandato stated no letters were received in answer to the notification sent by the Building Department.
 
The following witnesses signed the register and were sworn in by Mr. Murphy:
 
Daniel Ungar, Business Owner, 5471 Mayfield Road
David Boyer, Boyer Signs
 
Mr. David Boyer, Boyer Sign Company, testified that he is proposing a sixteen (16) millimeter pixel electronic signage using the existing monument sign. He then presented to the Board existing signage that Boyer Sign Company has constructed for other establishments. He then further testified that the existing sign outside of city hall is a twenty (20) pixel electronic sign, and the electronic sign proposed for Mar-Lou Shoes is sixteen (16) pixels, which would be a cleaner and crisper sign. He then testified that Mar-Lou Shoes has an extensive selection of brand name shoes and would like to advertise them on the proposed electronic sign.
 
Mr. Novak stated that Mar-Lou Shoes has a frontage of one hundred eighty-eight (188) feet, and the code states six (600) feet is needed. He then asked the acreage of the property.
 
Mr. Boyer testified that the property is approximately three quarters of an acre.
 
In answer to Mr. Novak's question regarding operating the proposed electronic sign outside of business hours, Mr. Ungar testified that the store closes at 8:00 p.m. during the week and would ask that the sign be lit until 11:00 p.m., and the proposed sign will be off from 11:00 p.m. or midnight until 6:00 a.m. or 7:00 a.m. He further testified that no advertising on the proposed sign will be sold; however he would put community events on the proposed sign if requested. He also testified that he feels an electronic sign will enhance his business and the city.
 
Mr. Koss stated that there are three (3) existing signs on the property; two building signs, one on the south side, one on the west side and a monument sign. He further stated that those sign are very prominent and visible. He also stated that the property doesn't even come close to the required amount of land needed for an electronic sign, existing is only 32.5% of the frontage needed, only one business would be on the proposed electronic sign when the required amount is ten (10) businesses, proposed is ten (10) percent of the required businesses needed, and only seventeen (17) percent of the land area needed is proposed.
 
Mr. Ungar testified that electronic signs are the way that society is going; they are the wave of the future. He then testified that he feels the electronic message signs are cleaner, clearer and better looking than the average static signs that are prevalent everywhere.
 
Mr. Koss explained that the electronic sign at Legacy Village met the requirements of Section 1170.18 of the Planning and Zoning Code, and that the proposed electronic sign for Mar-Lou Shoes doesn't even come close to meeting those requirements.
 
Mr. Bader reiterated that the code is specific in regards to acreage, front footage, number of businesses on the proposed sign, and based on the proposal this evening; this Board has little or no discretion when it comes to recommending to council to grant such a large variance.
 
Mr. Ungar asked why legislation wasn't adopted to allow businesses such as his, to erect electronic signs.
 
Ms. Colich recommended that Mr. Ungar address Council on that issue.
 
F I N D I N G S
 
The Board finds that:
  • There are already three (3) business identification signs for that property; two building signs, one on the south side and one on the west side and one monument sign.
  • Eighty-three (83) percent more property is needed to qualify for the required five (5) acres, sixty-seven point five (67.5) percent more frontage is needed to qualify for the six hundred (600) foot frontage on a public right of way, and the proposal only shows ten (10) percent of the total businesses required on the proposed sign.
  • The actual electronic message center is sixteen and a half (16 1/2) square feet.
     
    It was moved by Mr. Koss, seconded by Mr. Novak that recommendation is made to Council to confirm the decision of the Board to deny requested variance based on the above findings.
     
    Roll Call:
     
    Yeas: Colich, Bader, Koss, Novak.
    Nays: None
     
    Motion carried.
     
    It was moved by Ms. Colich, seconded by Mr. Koss that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried, meeting adjourned at 8:10 p.m.

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     Meetings Convened in September 2012:

    September 10, 2012: Board of Zoning Appeals
    AGENDA:

     
    The Board of Zoning Appeals of the City of Lyndhurst will not hold a Regular Meeting during the month of September.
     
    Kimberly Colich, Chair
     
    September 10, 2012: Board of Zoning Appeals
    MINUTES:

     
    N/A

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     Meetings Convened in August 2012:

    August 13, 2012: Board of Zoning Appeals
    AGENDA:

     
    To meet in Regular Session on Monday, August 13, 2012, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
     
    Members: Kimberly Colich, Chair; David Bader, Frank Koss, Frank Novak, Russell Warren
     
    Others: Paul Murphy, Director of Law; Larry Puskas, Building Inspector; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
     
    Minutes:
     
    Approve minutes of the Regular Meeting held April 9, 2012.
     
    Case No. 2012-02:
     
    Request of Deborah Hirshkorn of 5148 Bridgewater Road, for a variance from the front yard setback requirements, as defined in Chapter 1160.05 (a) of the Planning and Zoning Code. She is seeking to construct a front porch that will encroach eighteen (18) feet into the forty (40) foot setback as defined for Bridgewater Road.
     
    Case No. 2012-03:
     
    Request of Christine A. Curtis and Donald W. Haugh of 1799 Brainard Road for a variance from Chapters 1160.03, Schedule of Accessory Buildings, Uses and Structures (a)(9) Recreational Facilities, of the Planning and Zoning Code, to permit the use of a forty (40) foot by twenty-seven (27) foot area for the construction of a garden railroad. The variance requested would be for the use and also location as setback requirements are not listed for this specific use.
     
    August 13, 2012: Board of Zoning Appeals
    MINUTES:

     
    The Board of Zoning Appeals of the City of Lyndhurst met in Regular Session on Monday, August 13, 2012 at 7:30 p.m. in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
     
    Members Present: Frank Koss, Frank Novak, Russell Warren
     
    Members Absent: Kimberly Colich, David Bader
     
    Others Present: Paul Murphy, Director of Law; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
     
    It was moved by Mr. Koss, seconded by Mr. Warren that the minutes of the Regular Meeting held April 9, 2012, copies of which were mailed to all members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
     
    At this time, Mr. Murphy gave an overview of proceedings tonight. He explained that there are five members on the Board of Zoning Appeals, but only three are present this evening. He further explained that all three Board members present would have to vote affirmatively for a requested case to be recommended to Council for approval, he then asked the applicants if they would like to wait to present their cases to a full Board. The responses from both applicants were no, they would like to have their case heard tonight.
     
    Case No. 2012-2
     
    Request of Deborah Hirshkorn of 5148 Bridgewater Road, for a variance from the front yard setback requirements, as defined in Chapter 1160.05 (a) of the Planning and Zoning Code. She is seeking to construct a front porch that will encroach eighteen (18) feet into the forty (40) foot setback as defined for Bridgewater Road.
     
    Grounds for appeal were read by Mr. Warren; Chapter 1160.05 (a) of the Planning and Zoning Code was read by Mr. Murphy.
     
    Letters of invitation were sent to all pertinent property owners, a copy of which is made part of the permanent file.
     
    Mr. Mandato stated no letters were received in answer to the notification sent by the Building Department.
     
    The following witnesses signed the register and were sworn in by Mr. Murphy:
     
    Deborah Hirschkorn, 5148 Bridgewater
    Mark Smith, 35241 Sullivan Dr., North Ridgeville OH 44039
    Ralph Jacobson, 1833 Bremerton Road
     
    Mr. Jacobson, 1833 Bremerton, fiancée of the applicant, testified that the existing house already encroaches about ten (10) feet into the front setback. He then presented pictures on his cell phone, of the existing porch, which is in disrepair. He testified that the existing porch which is too small, will be replaced with the proposed porch and will be at the same height, but with additional width.
     
    Mr. Mark Smith, 35241 Sullivan Dr., testified that the proposed porch will extend two more feet than the existing porch, and be wider. He then testified that it will be a vast improvement from what is existing, and the proposed porch will not have a roof.
     
    Mr. Koss stated that the existing step area is actually considered a stoop. He also stated that some of the houses on Bridgewater that have porches are set further back, and that he is not in favor of granting the variance due to the fact that if the variance is granted, the front setback will be reduced to twenty-two (22) feet.
     
    Ms. Hirschkorn, appellant, testified that when she moved in, the existing front steps were uneven, and will have to be redone anyway.
     
    In answer to Mr. Koss's question, Ms. Hirschkorn testified that when she purchased the house, a housing inspection was conducted, but she was never told about the front steps.
     
    Mr. Smith testified that he would compromise to have the proposed porch erected from the front door and continue across the front of the house to the driveway, and construct the steps at the driveway, instead of having the proposed porch encroach more into the front setback.
     
    Mr. Jacobson testified that the property in question is on a curve.
     
    Mr. Mandato stated that the Building Department would require the proposed structure to match the house.
     
    In answer to Mr. Warren's question, regarding the actual setback of the houses on Bridgewater, Councilman Ward stated that the homes on Bridgewater are existing, non-conforming in a ten thousand (10,000) square foot zoning district; none of the homes are at a forty (40) foot front setback. He then stated the compromised proposal would only encroach three (3) feet additionally than presently; if the appellant maintained the present width of the proposed porch, but lengthened it to the driveway, there would be no further encroachment.
     
    In answer to Mr. Warren's question, Mr. Murphy stated that according to the code, any change in a non-conforming use has to be in the direction of conformity.
     
    Mr. Smith testified that with the compromised proposal, the porch would be six (6) by sixteen (16) feet.
     
    Mr. Murphy explained that the Board also has to take into consideration how the proposal would look in relationship to the house.
     
    F I N D I N G S
     
    The Board finds:
  • All homes in the area are existing, non-conforming use in regards to the forty (40) foot setback.
  • Based on the time the house was built, the house and its porch would have conformed to the prior setback rule.
  • The lot and the house are on the curvature of the street.

  •  
    It was moved by Mr. Koss, seconded by Mr. Novak that recommendation be made to Council to grant the amended variance request to Ms. Deborah Hirschkorn of 5148 Bridgewater Road, for a six (6) by sixteen (16) foot porch, based on the above findings and following condition:
     
  • The ultimate structure is subject to the approval of the Building Department, as to aesthetics.

  •  
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
     
    Case No. 2012-03
     
    Request of Christine A. Curtis and Donald W. Haugh of 1799 Brainard Road for a variance from Chapters 1160.03, Schedule of Accessory Buildings, Uses and Structures (a)(9) Recreational Facilities, of the Planning and Zoning Code, to permit the use of a forty (40) foot by twenty-seven (27) foot area for the construction of a garden railroad. The variance requested would be for the use and also location as setback requirements are not listed for this specific use.
     
    Grounds for appeal were read by Mr. Warren; Chapter 1160.03 was ready by Mr. Murphy.
     
    Letters of invitation were sent to all pertinent property owners; a copy of which is made part of the permanent file.
     
    Mr. Mandato stated no letters were received in answer to the invitation sent by the Building Department.
     
    The following witnesses signed the register and were sworn in by Mr. Murphy:
     
    Christine Curtis, 1799 Brainard Road
    Donald Haugh, 1799 Brainard Road
    Jim Miozzi, 5669 Alberta Drive
    Mary Lou Brown, 5652 Alberta Drive
    Tim Carney, 1800 Brainard Road
    Joe Vitale, 1791 Brainard Road
    E. Dale Inkley, 5126 E. Farnhurst Road
    Ginny Schmitz, 5655 Alberta Drive
     
    Ms. Christine Curtis, 1799 Brainard Road, appellant, testified that she and Donald enjoy garden railroads and would like to put one in the back yard. She then presented the train and track to be used, if the variance is approved. She testified that there will be landscaping around the railroad and privacy fencing to keep the area secure. She further testified that she would like a raised bed for the railroad; the bed would be no more than twelve (12) inches high. She testified that lawn maintenance is much easier with a raised bed for the proposed railroad. She then testified that many residents have swing sets and other recreational equipment in their back yards, and doesn't see this request as much different.
     
    In answer to Mr. Koss's question regarding the proposed plan that was submitted, Ms. Curtis testified that new paving stones will be placed in the back yard, and the proposed railroad will be in an area of twenty-seven (27) by forty (40) feet.
     
    In answer to Mr. Mandato's question regarding the size of the trains, Mr. Haugh, 1799 Brainard Road, appellant, testified that although some decorative trains can be as big as four (4) feet, the one that he is proposing is about seven (7) inches tall, two (2) inches wide and DC powered.
     
    In answer to Mr. Novak's question, Mr. Haugh testified that the tracks can stay out year round, although he will store the trains and buildings in the basement.
     
    In answer to Mr. Koss's question regarding the dimensions of the biggest decorative (country style) building, Mr. Haugh testified that all items associated with the railroad are to scale; the biggest building will be eighteen (18) inches wide, twelve (12) inches deep and fourteen (14) inches high.
     
    In answer to Mr. Novak's question, Mr. Haugh testified that the train will not be running continuously; only when they turn it on.
     
    Mr. Murphy explained that the Board would have to define this request as either an accessory use or a recreational facility. He then asked if this request meets setback requirements.
     
    Mr. Haugh testified that all setback requirements were figured into the proposed plan, using the center line of Alberta Road.
     
    Mr. Novak stated in his opinion, the train, its track and buildings are not unlike a decorative pond, or waterfall in the back yard.
     
    In answer to Mr. Koss's question, Mr. Haugh testified that the buildings along the proposed train tracks will not be wired for electricity.
     
    Mary Brown, 5652 Alberta Drive, asked about the fencing surrounding the rear yard of the appellant.
     
    Mr. Haugh testified that the four (4) foot high chain link fence will be going back up, and have a chocolate brown vinyl coating. He further testified there will be landscaping.
     
    Joe Vitale, 1791 Brainard Road, testified that he has no objections to the variance being granted.
     
    A neighbor on Alberta, across the street, stated he has seen the proposed plans and has seen the trains set up in various locations, and feels this would be a beautiful attraction and design to the yard. He further stated that he knows Mr. Haugh will be putting in security cameras.
     
    Tim Carney, 1800 Brainard Road, testified that this proposal would be an asset to the community.
     
    In answer to Mr. Koss's question, Mr. Haugh testified that the trains are very quiet; neighbors may be able to hear them if there is no wind blowing or traffic.
     
    Ms. Curtis testified that there are volume controls on the trains.
     
    Mr. Haugh explained where the location of the trains will be. He further explained where the existing fence is, and where the dog run will be. He further testified that there is a retaining wall, and a swale, which will be backfilled with gravel in the rear yard.
     
    Ms. Curtis testified that there are slopes existing in the yard due to a swimming pool that was there, and as part of the new landscaping project, the existing concrete will be taken out.
     
    E. Dale Inkley, 5126 E Farnhurst Road, testified that he has a question regarding the answer that Mr. Haugh gave regarding the electrical wiring. He then asked the amount of voltage to be used.
     
    Mr. Haugh testified that twelve (12) volts will be used.
     
    F I N D I N G S
     
    The Board finds that:
  • Three neighbors strongly endorse the plans as proposed; and the fourth neighbor who questioned the proposal is now satisfied with the answers given.
  • There are no safety issues.
  • This proposal is no different than yard decorations, such as a pond or waterfall. The railroad element of this proposal is just a component of a landscape plan.
  • The train, its tracks and buildings are seasonal and removable.
  • The miniature buildings used in backyard railroading are no more than two (2) feet tall.
  • The maximum dimensions of the trains to be used in this project are forty-eight (48) inches long, by seven (7) inches high, by two (2) inches in width.
     
    It was moved by Mr. Warren, seconded by Mr. Koss that recommendation be made to Council to confirm the decision of the Board in Case No. 2012-03, to grant requested variance to Christine A. Curtis and Donald W. Haugh of 1799 Brainard Road, based on the above findings and following condition:
     
  • The height limitation of any railroad or its components located on this property be no more than two (2) feet.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
     
    Ginny Schmitz, 5655 Alberta Dr., testified she lives directly behind the appellants' house and asked to see a picture of the retaining wall.
     
    Mr. Haugh presented a picture of the retaining wall and testified that the yard will be extended out five (5) feet for landscaping purposes.
     
    In answer to Mr. Koss's question, Mr. Haugh testified that groundbreaking will start next month, and should be completed within a year and a half.
     
    It was moved by Mr. Koss, seconded by Mr. Novak that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried, meeting adjourned at 9:00 p.m.

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     Meetings Convened in July 2012:

    July 9, 2012: Board of Zoning Appeals
    AGENDA:

     
    The Board of Zoning Appeals of the City of Lyndhurst will not hold a Regular Meeting during the month of July.
     
    Kimberly Colich, Chair
     
    July 9, 2012: Board of Zoning Appeals
    MINUTES:

     
    N/A

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     Meetings Convened in June 2012:

    June 11. 2012: Board of Zoning Appeals
    AGENDA:

     
    The Board of Zoning Appeals of the City of Lyndhurst will not hold a Regular Meeting during the month of June.
     
    Kimberly Colich, Chair
     
    June 11. 2012: Board of Zoning Appeals
    MINUTES:

     
    N/A

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     Meetings Convened in May 2012:

    May 14, 2012: Board of Zoning Appeals
    AGENDA:

     
    The Board of Zoning Appeals of the City of Lyndhurst will not hold a Regular Meeting during the month of May.
     
    Kimberly Colich, Chair
     
    May 14, 2012: Board of Zoning Appeals
    MINUTES:

     
    N/A

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     Meetings Convened in April 2012:

    April 9, 2012: Board of Zoning Appeals
    AGENDA:

     
    To meet in Regular Session on Monday, April 9, 2012, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
     
    Members: Kimberly Colich, Chair; David Bader, Frank Koss, Frank Novak, Russell Warren
     
    Others: Paul Murphy, Director of Law; Larry Puskas, Building Inspector; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary.
     
    Administer Oath of Office for Russell Warren, to renew his term on the Board of Zoning Appeals.
     
    Minutes:
     
    Approve minutes of the Regular Meeting held August 8, 2011.
     
    Approve minutes of the Regular Meeting held September 12, 2011.
     
    Case No. 2012-01
     
    Request of Sister Agnes Marie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12') foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50') foot front yard setback.
     
    TABLED ITEMS:
     
    Case No. 2011-03:
     
    Request of Renew Contracting LLC, agent for Roland Sommerville, 5496 Lansbury Lane, for a variance from the provisions of Chapter 1160.05 of the Planning and Zoning Code. The applicant requests a 16'8" rear yard variance to allow the erection of a 12' x 12' deck.
     
    Case No. 2011-04:
     
    Request of Angela Williamson, 1175 Richmond Road for a variance from Chapter 1323.03 of the Planning and Zoning Code to allow a driveway extension up to the property line, not leaving the minimum 18" distance from the property line, which is required. A survey would also be required by the applicant to prove the minimum 18" is being established.
     
    April 9, 2012: Board of Zoning Appeals
    MINUTES:

     
    The Board of Zoning Appeals met in Regular Session on Monday, April 9, 2012 at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
     
    Members Present: Kimberly Colich, Chair, David Bader, Frank Koss, Frank Novak, Russell Warren
     
    Others Present: Paul Murphy, Director of Law; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
     
    It was moved by Mr. Koss, seconded by Mr. Bader that the reading of the minutes of the Regular Meeting held August 8, 2011, copies of which were mailed to all members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed with Ms. Colich and Mr. Novak abstaining.
     
    Motion carried.
     
    It was moved by Mr. Bader, seconded by Mr. Koss that the reading of the minutes of the Regular Meeting held September 12, 2011, copies of which were mailed to all members, be dispensed with and said minutes stand approved as circulated.
     
    The question was put to a voice vote and passed with Mr. Warren abstaining.
     
    Motion carried.
     
    At this time, the Oath of Office was administered to Mr. Warren by Mr. Murphy, to renew his term on the Board of Zoning Appeals.
     
    Mr. Murphy then outlined the requirements set by city council for granting or denying a request for an area variance.
     
    Case No. 2012-01
     
    Request of Sister Agnes Marie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12') foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50') foot front yard setback.
     
    Grounds for appeal and Section 1160.05 were read by Mr. Bader, Secretary.
     
    Letters of invitation were sent to all pertinent property owners, a copy of which is made part of the permanent file.
     
    Mr. Mandato stated no letters were received in answer to the notification sent by the Building Department.
     
    Mr. Bader stated that a letter from Mr. Joseph Ciuni, of the GPD Group, regarding storm water, to the city engineer Mr. Jeff Filarski was received, and entered into the permanent file.
     
    The following witnesses signed the register and were sworn in by Mr. Murphy:
     
    Barbara Bruck, 4907 Clubside Road
    Dale Veres, 1512 Clubside Road
    Joe Ciuni, GPD Group, 5595 Transportation Boulevard., Garfield Heights
    Sister Agnesmarie, SND, Julie Billiart School, 4982 Clubside Road
    Allen Segal, 4907 Clubside Road
    Kay McFadden, 1588 Clubside Road
     
    Mr. Joe Ciuni, GPD Group, Engineer, submitted photos of the property. He testified that there is a great need for increased parking, and due to the topography of the site, the placement of where to put the parking area is difficult. He further testified that there is an existing stone wall which will block the view of the proposed parking lot from the street. He testified that there will be increased landscaping between the existing stone wall and the proposed parking lot. He then testified that there is one way driving into the lot. He also testified that the storm sewer from Clubside Road will be extended to the edge of the proposed parking lot, and will be left open. He then testified that the tops of the cars may be seen beyond the existing stone wall, but there is a possibility that the grade of the proposed lot could be lowered.
     
    In answer to Mr. Koss's question regarding piping the stream to allow for more parking, Mr. Ciuni testified that no hydraulic calculation was done. He then testified there are currently pipes under the driveway, and felt that adding more could possibly increase water back up in the area.
     
    In answer to Mr. Koss's question regarding parking near the gatehouse, Mr. Ciuni testified that he was not asked to look to that area for parking, but he believed that the topography of that area is not conducive to a parking lot.
     
    Mr. Bader stated that he concurs that this is a difficult site to build on due to the topography, however he feels there is another option. He then submitted a sketch showing the drive going straight to intersect a portion of the guard rail system and continue due east; if that was done, the existing parking could be extended the existing parking could be extended and a variance may not be needed. He then stated that due to the proposed plans showing the change in the course of the stream, the proposal must be sent to the Ohio EPA, as stated in Mr. Ciuni's letter to Mr. Filarski, City Engineer.
     
    Mr. Bader stated that the sketch he drew shows twenty-nine (29) additional spaces, with no variance required, and suggested his alternate plan be considered.
     
    Sister Agnesmarie, Julie Billiart School, testified that she and the school are committed to three things; safety, academics and neighbors. She then testified that since the disability laws have changed, there has been an increase in the number of teachers and aides required at the school, and due to these changes and increased staff, the day to day parking needs at the school are inadequate. She testified that cars are currently parking along the driveway, close to the playground, and the area where outdoor physical education is held. She testified that parking cars in these locations is not safe for the children, or the adults. She further testified that she approached someone to acquire Mr. Lewis's adjacent property, but was told no.
     
    Barbara Bruck, 4907 Clubside Road, submitted a letter to the Board which will be made part of the permanent file, and testified that she felt neighbors on other streets in the Lyndhurst Park Estates should have been notified. She further testified that allowing a parking lot would compromise the integrity and character of the neighborhood. She testified about other schools that have parking problems and how the cities denied the requests for additional parking. She further testified she would rather see cars parked on Clubside Road rather than altering Julie Billiart School's property. She then testified that there is the possibility of renting parking lots for special events held at the school. She then testified she is opposed to the granting of the requested variance due to the reasons stated and due to increased traffic in the area.
     
    In answer to Mr. Koss's question regarding sharing parking with Hawken School, Councilman Ward stated that there is a need for day to day parking, which is what the request is for; not special event parking.
     
    Sr. Agnesmarie testified that Julie Billiart School and Hawken School do share parking when needed. She further testified that Clubside Road was utilized more for parking prior to the building of the additional road years ago, and neighbors were happy when the additional road was built.
     
    In answer to Mr. Novak's question, Sr. Agnesmarie testified that there are no plans for the expansion of the school building.
     
    Mr. Dale Veres, 1512 Clubside Rd, Chairperson of the Lyndhurst Park Estates Homeowners' Association, testified that he is in favor of the requested variance being granted due to the fact that he has witnessed the need for additional parking space at the Julie Billiart School. He then testified that parking along the curve of Clubside Road is very dangerous in the dark or inclement weather, especially when busses need to get through.
     
    Kay McFadden, 1588 Clubside Road, testified that she has no objection to the requested variance being granted. She further testified that she also feels that parking along Clubside Road is dangerous, especially at the curve.
     
    Alan Segal, 4907 Clubside Rd, testified that he would like to see proof that additional parking is needed in the area proposed. He testified that he feels parking would be reasonable on the street and suggested obtaining permission from homeowners to park in their driveways. He further testified that he doesn't see the association between safety and additional parking spaces, and furthermore, doesn't see the reason for any additional parking at the school. He then stated that Julie Billiart School is a wonderful school, and a large part of the Lyndhurst Park Estates, and feels that the entire neighborhood should have been notified of the meeting this evening, because the entire neighborhood would be affected by the granting of the variance.
     
    Mr. Warren clarified that the reason why this request is before the Board is because the proposal shows encroachment of over thirty-nine (39) feet into the fifty (50) foot front setback; if the parking did not encroach into the setback, no variance would be required and the parking lot could be built immediately. He then stated that it is a question of where the parking lot would be located, not whether it can be built.
     
    Mr. Dale Veres, 1512 Clubside Rd., testified that as the Chairman of the Lyndhurst Park Estates, he will make sure all homeowners receive information on this issue and will provide a copy of the notice sent by the Board of Zoning Appeals. He again reiterated the dangers of parking along Clubside Road, especially along the curve.
     
    Mr. Koss asked the applicant if they would like the Board to table their request to allow time to review the sketches that Mr. Bader had presented, or if they would prefer the Board act upon the requested variance as presented.
     
    After a short caucus between Mr. Ciuni and Sr. Agnesmarie, Mr. Ciuni stated that the applicant would like the Board to vote on the requested variance as presented.
     
    F I N D I N G S
     
    The Board finds that:
     
  • This issue may be obviated through other methods other than a variance, while matching or exceeding the number of parking spaces shown on the requested variance, and therefore the applicant had not established practical difficulty to the satisfaction of the Board

  •  
    It was moved by Mr. Warren, seconded by Mr. Koss that recommendation be made to Council to confirm the decision of the Board in Case No. 2012-01 to deny requested variance, based on the above finding.
     
    Roll Call:
     
    Yeas: Colich, Bader, Koss, Novak, Warren
    Nays: None.
     
    Motion carried.
     
    TABLED ITEMS
     
    Case No. 2011-03
     
    Request of Renew Contracting LLC, agent for Roland Sommerville, 5496 Lansbury Ln, for a variance from the provisions of Chapter 1160.085 of the Planning and Zoning Code. The applicant requests a 16'8" rear yard variance to allow the erection of a 12' x 12' deck.
     
    This case was recommended that Council confirm the decision of the Board to grant requested variance, based on the findings.
     
    Case No. 2011-04
     
    Request of Angela Williamson, 1175 Richmond Road for a variance from Chapter 1323.03 of the Planning and Zoning Code to allow a driveway extension up to the property line, not leaving the minimum 18" distance from the property line, which is required. A survey would also be required by the applicant to prove the minimum 18" is being established.
     
    It was moved by Mr. Bader, seconded by Mr. Koss that Case No., 2011-04 be removed from table due to failure of the applicant's response to the request of the Board for more information.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried.
     
    It was moved by Mr. Koss, seconded by Mr. Bader that the meeting be adjourned.
     
    The question was put to a voice vote and passed unanimously.
     
    Motion carried, meeting adjourned at 8:45 p.m.

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     Meetings Convened in March 2012:

    March 12, 2012: Board of Zoning Appeals
    AGENDA:

     
    The Board of Zoning Appeals of the City of Lyndhurst will not hold a Regular Meeting during the month of March.
     
    Kimberly Colich, Chair
     
    March 12, 2012: Board of Zoning Appeals
    MINUTES:

     
    To Be Posted

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     Meetings Convened in January 2012:

    January 9, 2012: Board of Zoning Appeals
    AGENDA:

     
    The Board of Zoning Appeals of the City of Lyndhurst will not hold a Regular Meeting during the month of January.
     
    Kimberly Colich, Chair
     
    January 9, 2012: Board of Zoning Appeals
    MINUTES:

     
    N/A

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