City of Lyndhurst, Ohio Board of Zoning Appeals
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November 9, 2009: Board of Zoning Appeals
AGENDA:

 
To meet in Regular Session on Monday, November 9, 2009, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: David Bader, Chairman; Frank Koss, Kimberly Colich,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 October 12, 2009.
 
Case No. 2009-05:
 
Request of Joanna Michalos of 5116 Kneale Drive for a variance from Chapter 1160.04 (a)(2) A & B of the Planning and Zoning Code to permit parking and/or storing of a commercial vehicle outside at any time in plain view.
 
November 9, 2009: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals of the City of Lyndhurst met in Regular Session on Monday, November 9, 2009 at 7:30 PM., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: David Bader, Chairman; Kimberly Colich, Frank Koss, Russell Warren.
 
Member Absent: Frank Novak
 
Others Present: Paul T Murphy, Director of Law; Larry Puskas, Building Inspector
 
In regards to the minutes of the Regular Meeting held October 12, 2009, Mr. Koss stated that on page 3, paragraph 6, line 2 should read: ". . . it would be in the best interest of the City to eliminate the exterior doors of the addition to prohibit the addition from becoming a rental unit in the future."
 
Case No. 2009-05
 
Request of JoAnna Michalos of 5116 Kneale Drive for a variance from Chapter 1160.04 (a) (2) A & B of the Planning and Zoning Code to permit parking and/or storing of a commercial vehicle outside at any time in plain view.
 
Grounds for appeal and Chapter 1160.04 (a) (2) A & B were read by Mr. Warren, Secretary.
 
Mr. Puskas stated letters of invitation were mailed to all pertinent property owners, a copy of which is made part of the permanent file. He further stated that Alice Burman of 5123 Kneale Drive was not able to attend, but submitted a letter which was distributed to the members of the Board.
 
The following witnesses signed the register and were sworn in by Mr. Murphy:
 
Scott Kautzman, 5115 Kneale Drive
Joann Michalos, 5116 Kneale Drive
William Gilbert, 5124 Kneale Drive
Frank Micale (?), 5109 (?) Kneale Drive
Michael Ciornek, 5116 Kneale Drive
 
Joann Michalos, 5116 Kneale Drive, property owner, testified that Michael, her fiancÚ is the foreman for Burton Scot, which is a seasonal job, and brings the truck home throughout the work season, then brings it back to the truck yard around Thanksgiving time. She further testified that Burton Scot prefers that the truck is brought to the employee's home to save time and fuel. She further testified that the truck is essential for Michael's job, and that neither was aware of the ordinances that prohibit commercial vehicles in a residential area. She also testified that this vehicle does not fit into the garage.
 
Mr. Warren stated that in the application for variance, there is no statement that would answer the question: "special conditions exist peculiar to the land or buildings in question."
 
Ms. Michalos testified that she cannot think of anything unique about her property, but that there are other people in Lyndhurst that keep their commercial vehicles at their houses.
 
Ms. Colich stated many other options in regards to housing the commercial vehicle, i.e., renting space or modifying the garage.
 
Mr. Koss stated that this size of truck blocks the view of traffic of people exiting their driveways, and considers it a safety hazard, due to the shortness of the driveways in that area.
 
Michael Ciornek, 5116 Kneale, appellant, testified that he knows there was a neighbor that complained about the commercial vehicle. He further testified that the vehicle is gone from sun up to sun down, and the vehicle is used only for work.
 
In answer to Mr. Koss's question, Mr. Ciornek testified that he could look into other options for his commercial vehicle, such as parking it in a commercial zoned area.
 
To clarify the application for variance, Mr. Bader stated that the vehicle was cited not because it has a company name on it, but because it has commercial license plates.
 
Scott Kautzman, 5115 Kneale Drive, testified that the reason this issue is before the Board is due to a lack of courtesy to the neighbors from the owner of the vehicle in question. He further testified that the truck is constantly parked in the street, in front of 5115 Kneale Drive for over seven (7) months. He then testified that he is trying to sell his house, and prospective buyers ask about the truck. He further testified that the company, Burton Scott, should find a solution for the vehicle.
 
? Kneale Drive, testified that many years ago, his father also had a commercial vehicle which was cited, and had to purchase another car to drive to where he parked the vehicle, which was in South Euclid.
 
William Gilbert, 5124 Kneale Drive, testified that he lives next door, and has no problem with the commercial vehicle as long as it is kept in the driveway and not the street. He then asked where it would be legal for Mr. Ciornek to park the vehicle.
 
Mr. Bader answered that Mr. Ciornek could park his vehicle in a commercially zoned district with permission from the property owner.
 
Mr. Murphy stated that he could also park his commercial vehicle in a residential zoned area if it is inside a garage.
 
Mr. Ciornek testified that after he was asked not to park his commercial vehicle in front of Mr. Kautzman's house, he did not. He further testified that he is a considerate person, and just trying to make a living.
 
Mr. Kautzman testified that the elderly neighbors have trouble getting out of their driveways due to the limited sight distance of the road.
 
At this time, Mr. Warren read a letter submitted by Alice Burman of 5123 Kneale Drive, who is opposed to the request for parking a commercial vehicle in a residential district.
 
In regards to the letter sent by the Board of Zoning Appeals to the mayor and council, in reference to Council's action on Board of Zoning Appeals Case No. 2009-04, Councilman Ward stated he spoke with the Building Commissioner asking for information on in-law suites. The Building Commissioner told Councilman Ward that in-law suites can be easily monitored by the Building Department. He told the Board to expect the change in the code. He further stated in regards to the frequency of requests for parking commercial vehicles in a residential areas, that further study will be done, and for this particular case, asked that the Board table the request since the commercial vehicle in question will be leaving the residential area within a couple of weeks, until the construction season begins next spring, and until this can be studied and resolved in a workshop session. He then emphatically directed the appellant to not park the commercial vehicle on the street at any time, and stated that he will inform the police department as well.
 
Findings
 
The Board finds that:
 
  • Three neighbors voiced their opposition to the request for variance being granted, two in person and one by letter.

  •  
  • No hardship is shown by the appellant in the application for variance to allow the variance.

  •  
  • The commercial vehicle in question cannot be parked in the existing garage due to the size.

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  • This is a direct action of the owner of the vehicle.

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  • The requested variance is not the minimum variance that will allow a reasonable use of the land or buildings.

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  • Denying the requested variance will not deprive the applicant of rights enjoyed by other property owners.

  •  
    It was moved by Mr. Koss, seconded by Mr. Warren that recommendation be made to Council to confirm the decision of the Board in Case No. 2009-05, to deny requested variance to Joanna Michalos of 5116 Kneale Drive, based on the above findings.
     
    Roll Call:
     
    Yeas: Bader, Colich, Koss, Warren
    Nays: None.
     
    Motion carried.
    Case No. 2009-05 is denied.
     
    It was moved by Ms. Colich, 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 8:25 p.m.


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