City of Lyndhurst, Ohio Board of Zoning Appeals
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April 12, 2010: Board of Zoning Appeals
AGENDA:

 
To meet in Regular Session on Monday, April 12, 2010, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: Frank Koss, Chairman; David Bader, 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 February 8, 2010.
 
Case No. 2010-02:
 
Request of Timothy A. Dusek, 1563 Richmond Road, for the preferred variance from Section 1160.04 (a) (6) of the Planning and Zoning Code, to permit the construction of a one hundred forty four (144') square foot, twelve (12') foot high storage building in the rear yard: Storage buildings are limited to one hundred twenty (120') square feet in area and eleven (11') feet in height. Variances of twenty (24') square feet and one foot respectively are requested.
 
Alternate Variance Request:
 
A variance from Chapter 1164.04 (a) (1) of the Planning and Zoning Code, to allow a one hundred sixty (160') square foot addition to the existing garage. Mr. Dusek is permitted to have a garage not larger than six hundred fifty eight (658') square feet in area. With the addition, the garage would be seven hundred thirty six (736') square feet in area. Thus, a variance of seventy-eight (78') feet is requested.
 
April 12, 2010: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals of the City of Lyndhurst met in Regular Session on Monday, April 12, 2010 in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Frank Koss, Chairman; David Bader, Kimberly Colich, Russell Warren
 
Member Absent: Frank Novak
 
Others Present: Paul Murphy, Director of Law; Joe Mandato, Housing Inspector; Clarice J White, Acting Secretary
 
It was moved by Mr. Bader, seconded by Mr. Warren that the reading of the minutes of the Regular Meeting held February 8, 2010, 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. 2010-02
 
Request of Timothy Dusek, 1563 Richmond Road, for the preferred variance from Section 1160.04 (a)(6) of the Planning and Zoning Code, to permit the construction of a one hundred forty four (144') square foot, twelve (12') foot high storage building in the rear yard: Storage buildings are limited to one hundred twenty (120') square feet in area and eleven (11') feet in height. Variances of twenty four (24') square feet and one foot respectively are requested.
 
Alternate variance request:
 
A variance from Chapter 1160.04 (a)(1) of the Planning and Zoning Code, to allow a one hundred sixty (160') square foot addition to the existing garage. Mr. Dusek is permitted to have a garage not larger than six hundred fifty eight (658') square feet in area. With the addition, the garage would be seven hundred thirty six (736') square feet in area. Thus, a variance of seventy-eight (78') feet is requested.
 
Grounds for appeal and Chapters 1160.04 (a)(6) and 1160.04 (a) (1) 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. 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:
 
Timothy Dusek, 1563 Richmond Road
Nick Stropki, 1551 Richmond Rd
E. Dale Inkley, 5120 E. Farnhurst Rd
 
Mr. Dusek, 1563 Richmond Road, testified that his existing garage is not large enough to store his three (3) motorcycles, a truck, and a trailer. He would like to store all vehicles inside, but now, he parks his truck in the driveway due to space constraints. He then presented photographs of the front of his house showing that when passing in front of his house, on Richmond Road, nothing in the rear yard can be seen, such as the vehicles or the garage. He then testified that two variance requests were presented so that the Board of Zoning Appeals could choose the one they thought best suited the property; he would prefer the first request, which requests a variance for a storage building. He further testified that if the first variance request is granted, the proposed storage facility would be built between the house and the garage; the addition to the existing garage, if granted, would also be built between the house and garage. He further testified that if granted, the proposed storage facility roof would be built with the same roof pitch as the existing house. He also testified that only the Richmond Road neighbors would be able to see the requested storage facility or proposed addition to the garage, but there is an existing six (6') foot high fence on his property. He then stated that the siding on the proposed storage building or the proposed addition to the garage would match the existing siding on the house.
 
Mr. Bader stated that a storage building, within code, would be ten (10') by twelve (12') feet, and should be substantial for parking three motorcycles, if the door is placed in a way that would allow the twelve (12') feet to be the width, and the ten (10') feet to be the depth.
 
Mr. Koss asked if a variance would be needed if the proposed storage building was built as shown on the proposed plans, in close proximity to the house.
 
Mr. Warren asked if there was a maximum percentage of yard area in which accessory buildings, in this case, the existing garage, and then the proposed storage facility or the proposed addition to the garage, could occupy.
 
In answer to Mr. Koss's question, Mr. Murphy explained that if the first variance request was granted, the proposed storage facility would have to be built at least twenty (20') feet from the existing house.
 
Mr. Koss stated he would be reluctant to grant a variance for the proposed storage building, due to the size of the backyard, stating that the house may be hard to sell in the future since the backyard is small and due to the amount and/or size of accessory buildings.
 
In answer to Mr. Koss's question, Mr. Dusek stated that his truck does fit into the garage, height wise, but since he purchased a trailer, he parks the truck in the driveway.
 
In answer to Mr. Warren's question whether a previous variance was granted for the existing garage, the secretary stated that no variance request was recorded.
 
In answer to Mr. Dusek's question, Mr. Bader stated that a garage must be thirty (30) feet from a house. He further stated that the existing garage is two (2') feet closer to the house than what the code allows.
 
Nick Stropki, 1551 Richmond Road, which is the other corner house across from Mr. Dusek's house, on the same side of Richmond Road, testified that he is not opposed to the granting of either variance request. He then commended Mr. Dusak on the upkeep of his property.
 
Members of the Board suggested other ideas to eliminate the need for a variance.
 
Mr. Mandato stated that even if Mr. Dusak proposed a ten (10') foot by twelve (12') foot shed, which is within code, a variance of two (2') feet would still be needed due to the small size of his lot.
 
Ms. Colich stated that if that were the proposal in front of the Board, a ten (10') by (12') foot shed, even though he would need a two (2') foot variance, she feels the Board would be more apt to grant the request, due to the minimal request and due to the size of the lot.
 
F I N D I N G S
 
The Board finds that:
 
  • Special conditions or circumstances do not exist peculiar to the land or buildings in this case.

  •  
  • The lot size of 1563 Richmond Road is eight thousand nine hundred sixty (8,960') square feet, which is smaller than the ten thousand (10,000') square foot lot prevalent throughout Lyndhurst.

  •  
  • The requested variance is substantial and there is reasonable use of the land without the granting of the requested variance.

  •  
  • The character of the neighborhood would be altered; the back yard of 1563 Richmond Road has a large garage, a deck, and a fence, which does not promote the open feeling within the city.

  •  
    It was moved by Mr. Warren, seconded by Ms. Colich that Case No. 2010-02 be tabled.
     
    The question was put to a voice vote and passed unanimously.
     
    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 8:30 p.m.


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