City of Lyndhurst, Ohio Planning Commission
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July 26, 2011: Planning Commission
AGENDA:

 
To meet in Special Session on Tuesday, July 26, 2011 at 7:00 p.m. in the Council Chamber 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, P A Ward
 
Others: P T Murphy, Director of Law; L Puskas, Building Inspector; C J White, Secretary
 
Minutes:
 
Approve minutes of the Regular Meeting held June 23, 2011.
 
Eagle Point Drive:
 
Review revised plans amending a Cluster Housing development proposal of Joseph Aveni, of Acacia Development Company, Ltd., located at the Acacia Country Club Estates. Previous meetings held: November 29, 2007, July 24, 2008, June 23, 2011, July 6, 2011.
 
July 26, 2011: Planning Commission
MINUTES:

 
The Planning Commission of the City of Lyndhurst met in Special Session on Tuesday, July 26, 2011 at 7:00 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road. Joseph M. Cicero, Chairman, presiding.
 
Members Present:
Commissioners: V F DeCrane, R S Febo, D J Sirk, J M Cicero, P A Ward
 
Others Present: T P Kunz, Building Commissioner; L Puskas, Building Inspector; C J White, Secretary
 
It was moved by Councilman Ward, seconded by Mr. Febo, that the reading of the minutes of the Regular Meeting held June 23, 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 unanimously.
 
Motion carried.
 
Eagle Point Drive
 
Review revised plans amending a Cluster Housing Development proposal of Joseph Aveni, of Acacia Development Company, Ltd., located at the Acacia Country Club Estates.
 
Mr. Joseph Aveni stated proposed revised plans had been submitted to the Planning Commission; the first sheet of the plan being the approved original subdivision, the second sheet is the revision of the original approved plan and the third sheet being colored rendering which shows all setbacks, which are in conformance with the zoning code. He further stated that fifty-three (53) units with eleven (11) being duplexes are shown. He stated that the lots are at least ten thousand (10,000) square feet, the front setbacks are thirty (30) feet, the rear setbacks are forty (40) feet; there is five (5) feet between individual homes and fifteen (15) feet between duplexes.
 
Mr. Febo presented two drawings of the proposed amended plans. He explained that the upper portion of the proposed amendment to the plan meets the Cluster Housing requirements of the code, and will not adversely affect the residents in that area and therefore, recommends approval; however the lots abutting Winchester Road, which he feels will adversely affect the abutting neighbors on Winchester Road, due to not meeting the requirements of the code, specifically Chapters 1161.01 Purpose and Intent, and 1161.11 Design/Construction, be denied.
 
At this time, the secretary read portions of Chapter 1161.01 and 1161.11.
 
Mr. Febo stated he is adamant that only single family homes abut single family homes, specifically on Winchester Road and Golfway Lane. He further stated that with the proposed amendment to the plan, the existing houses on Winchester Road would not be protected from loss of light, air and view, as stated in Chapter 1161.11.
 
Councilman Ward stated that there are three (3) duplex units shown on the proposed amendment to the plan abutting Winchester Road, two duplex units at the beginning of the street one with a minimum setback of forty (40) feet, and one with a greater setback; the duplex unit at the corner of Winchester Road and Golfway Lane also has a setback of greater than forty (40) feet. He further stated that since the duplexes are attached at the lot line, each having their own lot, there is fifteen (15) feet between structures. He stated that this proposed amendment to the plan is a credit to the city's process in being that the amount of duplexes has greatly decreased, and the amount of space between units has increased.
 
Mr. Aveni stated that there were six (6) duplex units previously proposed abutting Winchester Road, and as of this proposed amendment, three (3) were eliminated.
 
Mr. Sirk stated he is encouraged by the scaled down homes abutting Winchester Road on the proposed amendment to the plans.
 
Mr. Aveni stated that the homes on the proposed amendment to the plan which abut Winchester Road are one and a half (1) stories, and have a smaller footprint, are more desirable in today's housing market.
 
Mr. Kunz explained that if the plan that the Planning Commission has before them this evening was submitted back in 2006 when the original plan was submitted, it totally complies with all the requirements of a Cluster Single Family Development. A forty (40) foot rear yard setback is a minimum setback requirement in any ten thousand (10,000) square foot single family zoning district which applies to all the existing homes on Winchester Road, and Mr. Aveni is meeting that forty (40) foot setback requirement with the homes on Eagle Point Drive. He further pointed out that although Mr. Aveni purchased land that was zoned ten thousand (10,000) square foot single family district, once a conditional use permit was permitted for that property, the setback requirements would be applied to a subdivision in a ten thousand (10,000) square foot single family district would no longer apply. The only thing that matters are the setbacks and distances between properties, if Mr. Aveni chose, this could be a total condominium development where a person would just buy a home and the land around them would be held in common by the rest of the owners then maintained by the association; so there wouldn't be any property lines. That is why the codes states ten (10) feet between single family dwellings and fifteen (15) feet between duplex dwellings, twenty-five (25) feet from the nearest edge of the sidewalk or curb to the front setback of a house and a forty (40) foot rear yard. He then stated that Mr. Aveni, with this proposed amendment to the plan, meets all requirements. He further stated that he feels that when comparing the Cluster Development to what would be permitted in a ten thousand (10,000) square foot single family subdivision, there is very little difference except for the fact that in a cluster development, the code would allow the developer to build more homes closer together, which provides more green area and open space, which Mr. Aveni has chosen to do.
 
Mr. DeCrane stated that since the economy has not been good for eight years or so when this proposal was first introduced, the housing market has changed. He stated that he feels this proposed amendment meets the needs and desires of the public. He further stated that it is a positive sign that the builder is staying with the project.
 
Mr. Kunz reminded the Commission that each time a home is submitted for a building permit, a site plan drawn to scale showing the setbacks must be submitted to the Building Department and reviewed by the City Engineer for compliance with the setback and other regulations.
 
In answer to Mr. Febo's comments, Councilman Ward stated that all lots shown on the proposed amendment exceed the ten thousand (10,000) square foot lot regulation for that district. He further stated that Mr. Aveni has met the challenge, and worked with it by reducing the overall density of the project and has removed almost all of the duplexes along what abuts Winchester Road, and lastly, has increased the green space by having zero (0) lot lines for the duplexes. Mr. Sirk concurred.
 
It was moved by Mr. DeCrane, seconded by Councilman Ward that recommendation is made to Council to approve the revised plan amending a Cluster Housing Development located at the Acacia Country Club Estates depicted as C1, dated July 12, 2011, as to the number of dwelling units shown and the concept on the plan be approved subject to meeting the requirements of the Cluster Single Family zoning regulations.
 
Roll Call:
 
Yeas: DeCrane, Sirk, Cicero, Ward
Nays: Febo
 
Motion carried.
 
It was moved by Councilman Ward, seconded by Mr. Sirk that the meeting be adjourned.
 
The question was put to a voice vote and passed unanimously.
 
Motion carried, meeting adjourned at 7:37 p.m.


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