City of Lyndhurst, Ohio Planning Commission
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March 25, 2010: Planning Commission
AGENDA:

 
To meet in Regular Session on Thursday, March 25, 2010 at 7:30 PM. in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road. Mayor Joseph M. Cicero, Jr., presiding.
 
Members:
Commissioners: V F DeCrane, R S Febo, D J Sirk, J M Cicero, L A Schlessel.
 
Others: P T Murphy, Director of Law; T P Kunz, Building Commissioner; C J White, Secretary
 
Minutes:
 
Approve minutes of the Regular Meeting held February 25, 2010.
 
Review proposed amendments to Section 1164.04 (a) (3), Recreational Vehicles, of the codified ordinances.
 
March 25, 2010: Planning Commission
MINUTES:

 
The Planning Commission of the City of Lyndhurst met in Regular Session on Thursday, March 25, 2010 in the Conference Room of the Lyndhurst Municipal Center, 5301 Mayfield Road. Mayor Joseph M. Cicero, Chairman, presiding.
 
Members Present:
Commissioners: V F DeCrane, R S Febo, D J Sirk, J M Cicero, L A Schlessel
 
Others Present: P T Murphy, Director of Law; T P Kunz, Building Commissioner; C J White, Secretary
 
Mr. DeCrane stated the following amendment to the minutes of the Regular Meeting held February 25, 2010:
First page, last sentence should read: "He stated that the width of the landscape screening along Mayfield Road was increased from about five (5') feet to eight (8') feet."
 
It was moved by Mr. DeCrane, seconded by Mr. Febo that the reading of the minutes of the Regular Meeting held February 25, 2010, copies of which were mailed to all members be dispensed with and said minutes stand approved as amended.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Review proposed amendments to Section 1164.04 (a) (3), Recreational Vehicles, of the codified ordinances.
 
Mayor Cicero explained that the amendments to the ordinance were a result of an Ad Hoc committee meeting to discuss the regulations as they pertain to recreational vehicles; those changes are in the ordinance presented for discussion at this meeting.
 
Mr. Kunz explained that it was recommended that changes be made to the recreational vehicle ordinance. He further explained that an Ad Hoc committee was formed to study and to propose amendments to the recreational vehicle ordinance. He feels one of the best proposed change made to the ordinance was that no vehicle may extend into or within ten (10') feet of the right of way.
 
In answer to Mayor Cicero's question, Mr. Kunz stated that the issue of recreational vehicles has come up maybe once or twice every seven (7) to ten (10) years. He further stated that the current ordinance has worked very well from an enforcement standpoint since 1997. He then stated that the Ad Hoc committee took into consideration the enforcement of the ordinance, to which he is very appreciative.
 
In answer to Mayor Cicero's question, Councilman Schlessel stated that the reason this ordinance was reviewed is due to complaints received by certain members of Council, which may not have reached the Building Department.
 
In answer to Mayor Cicero's question, Councilman Ward stated that the Ad Hoc Committee was made up of Mr. Sirk, Councilman Frey, Himself, and Mr. Richard Clark, a resident who owns a motor home. He further stated that the Ad Hoc committee was assembled after the Planning Commission had reviewed information from City Council. He stated that if the recreational vehicle is not being used, or moved frequently, than it should be stored off site, which this proposed legislation allows for. He explained that he feels this proposed ordinance is sensitive to both the owners of recreational vehicles, and the aesthetics and rights of the neighborhood.
 
Mr. Clark asked if any calls were received by the Building Department by a possible new resident asking the restrictions on recreational vehicles, and further asked if the city realizes that restrictions on recreational vehicles may prohibit a certain demographic group of people from moving into the city.
 
Mr. DeCrane stated he felt the proposed amendments and definitions were redundant and confusing. He further stated he is in agreement with the proposed time frame of keeping recreational vehicles on private property. He stated that he would like to see the proposed ordinance simplified, if it can be, without losing the intent of the legislation.
 
Mr. Febo commended the Ad Hoc committee for their work. He asked if the proposed ordinance would pose restrictions and hardships for current residents who own recreational vehicles, who haven't caused any problems. He feels that this proposed ordinance may hurt residents more than it would help alleviate the problem.
 
Councilman Ward stated that this proposed ordinance is more restrictive than the existing ordinance. He further stated that now, there are more options to store recreational vehicles, such as commercial storage facilities.
 
Mr. Kunz stated that if and when this becomes law, the Board of Zoning Appeals may be inundated with residents who, prior to this ordinance, were not contrary to the previous ordinance regarding recreational vehicles. He then asked if there will be some type of grace period for current owners of recreational vehicles to come into compliance if and when the new ordinance is passed.
 
In answer to Mayor Cicero's question regarding constitutional rights, Mr. Murphy stated that the city would be enacting a zoning regulation, which would adversely affect someone's use of property, which is why there is a variance procedure, or the resident can take it to common pleas court.
 
Mr. Sirk explained that he was at one time going to purchase a recreational vehicle, but changed his mind due to it obstructing the view for both he and his family and neighbors, and due the vehicle hindering the aesthetics of the neighborhood. He further stated that he feels these types of vehicles can easily be stored off site for a nominal fee.
 
In regards to the portion of the proposed ordinance which says "motor homes can be parked on the property year round but not more than a ten (10) day period for loading and unloading . . ." Mr. Kunz asked if the motor home is taken off the property over the weekend, can it sit for another ten (10) days? He suggested verbiage to say a maximum of ten (10) days within a thirty (30) day period, or another time frame; he would need some type of time frame for enforcement reasons.
 
Councilman Ward stated that the proposed ordinance was written giving the Building Department leeway. He further stated that the owner of the recreational vehicle should show proof of loading or unloading.
 
It was moved by Mr. Sirk, seconded by Mr. DeCrane that recommendation be made to Council to approve proposed Ordinance No. 2009-63, pending consolidation of the definitions of the proposed ordinance, providing the intent remains the same.
 
Roll Call:
 
Yeas: DeCrane, Febo, Sirk, Cicero, Schlessel
Nays: None.
 
Motion carried.
 
It was moved by Councilman Schlessel, seconded by Mayor Cicero 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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