City of Lyndhurst, Ohio Board of Zoning Appeals
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February 8, 2010: Board of Zoning Appeals
AGENDA:

 
To meet in Regular Session on Monday, February 8, 2010, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: David Bader, Chairman; Kimberly Colich, 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.
 
Election of Officers for the year 2010.
 
Minutes:
 
Approve minutes of the Regular Meeting held October 12, 2009.
 
Approve minutes of the Regular Meeting held November 9, 2010.
 
Case No. 2010-01:
Request of Sally and Howard Ross, 5383 Golfway Lane, for a variance from the provisions of Section 1160.05 (table) "rear yard setback" of the Planning and Zoning Code. This applicant requests a seventeen (17') foot rear yard variance to allow the erection of a one story bedroom for an elderly parent.

 
February 8, 2010: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals of the City of Lyndhurst met in Regular Session on Monday, February 8, 2010, in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Frank Koss, Chairman; David Bader, Kimberly Colich; Frank Novak, Russell Warren.
 
Others Present: Paul Murphy, Director of Law; Larry Puskas, Building Inspector; Clarice J. White, Acting Secretary.
 
It was moved by Mr. Novak, seconded by Ms. Colich to elect the following slate of officers for the year 2010:
 
Frank Koss, Chairman
David Bader, Vice Chairman
Kim Colich, Secretary
 
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 October 12, 2009, 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. Warren, seconded by Mr. Bader that the reading of the minutes of the Regular Meeting held November 9, 2009, 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.
 
Case No. 2010-01
 
Request of Sally and Howard Ross, 5383 Golfway Lane, for a variance from the provisions of Section 1160.05 (table) "rear yard setback" of the Planning and Zoning Code. This applicant requests a seventeen (17') foot rear yard variance to allow the erection of a one story bedroom for an elderly parent.
 
Grounds for appeal and Chapter 1160.05 were read by Ms. Colich, Secretary.
 
Letters of invitation were mailed to all pertinent property owners, a copy of which is made part of the permanent file.
 
Mr. Puskas stated he received responses from Susan Sweig of 5384 Meadow Wood Boulevard, Charles and Marie Martis of 5391 Golfway Lane, and Allison Riley and Christopher Glantzis of 5375 Golfway Lane, all stating they had no objections to the variance being granted.
 
The following witnesses signed the register and were sworn in by Mr. Murphy:
 
Eli Mahler, 3947 Ash Lane, 44122
Howard Ross, 5383 Golfway Lane
 
Mr. Mahler, architect, testified that his client is requesting an addition to the existing house so that Mrs. Ross's elderly mother can move in with them. He further testified that Mrs. Ross's mother has been a resident of Lyndhurst for many years and that the adjacent neighbors have no objection to the granting of the variance. He then testified that the proposed addition would match the existing materials and colors of the house.
 
In answer to Mr. Koss's question regarding placing the addition on the existing concrete patio slab, Mr. Mahler testified that originally they thought to erect the addition at that location, no variance would be needed, but the proposed addition would block windows in that portion of the house.
 
Mr. Bader stated that the roof would have to be restructured if the proposed addition was built on the existing concrete slab.
 
In answer to Mr. Bader's question, Mr. Mahler testified that to only put a bedroom on the existing slab, and not a bathroom, as shown on the proposed plans, would be defeating the purpose because there is no bathroom on the first floor of the house.
 
Mr. Ross testified that this is the only portion of the house that would support an addition with a bedroom and bathroom on the first floor due to the roof lines and existing windows.
 
Mr. Mahler testified that it would be a hardship not having a bathroom on the first floor, where the elderly person would spend most of her time, even if she used an existing bedroom upstairs.
 
In answer to Mr. Bader's option to build the proposed addition in the front of the house, Mr. Ross testified that building the proposed addition in the front of the house would mean that the picture window would have to be removed, and the proposed addition would severely detract from the aesthetics of the house and neighborhood.
 
Findings:
 
The Board finds that:
 
  • The existing house is a split level, with no bathroom on the first floor.

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  • The design of the existing house does not allow for an addition within the setback due to the roofline, without major renovation.

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  • Adjacent neighbors, and the neighbor to the rear had no objections to the variance being granted.

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  • The existing house meets the forty (40') foot rear setback requirement.

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  • No special conditions exist pertaining to the land.

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  • A literal interpretation of the code would not deprive this property owner of rights enjoyed by other property owners.

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    It was moved by Mr. Bader, seconded by Mr. Warren that recommendation be made to Council to confirm the decision of the Board to deny requested variance based on the above findings.
     
    Roll Call:
     
    Yeas: Bader, Colich, Koss, Novak, Warren
    Nays: None
     
    Motion carried.
     
    It was moved by Ms. Colich, 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 8:25 p.m.


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