City of Lyndhurst, Ohio Board of Zoning Appeals
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April 11, 2011: Board of Zoning Appeals
AGENDA:

 
To meet in Regular Session on Monday, April 11, 2011, 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 July 12, 2010.
 
Elect Officers for the year 2011.
 
Case No. 2011-01:
 
Request of Greg Rochester of 4880 Countryside Road for a variance from the provisions of Section 1160.04 (a) 6 (A) of the Planning and Zoning Code. The requested variance would allow Mr. Rochester to erect a 14' x 16' storage shed. A variance of 104 square feet over the allowed maximum 120 square feet is requested.
 
April 11, 2011: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals met in Regular Session on Monday, April 11, 2011, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Kimberly Colich, Chairperson; David Bader, Frank Koss, Frank Novak, Russell Warren
 
Others Present: Paul Murphy, Director of Law; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary
 
It was moved by Mr. Novak, seconded by Ms. Colich, that the reading of the minutes of the Regular Meeting held July 12, 2010, copies of which were sent 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. Koss to elect the following slate of officers for the year, 2011:
 
Chairperson - Kimberly Colich
Vice Chair - Frank Novak
Secretary - David Bader
 
The question was put to a voice vote and passed unanimously.
 
Motion carried.
 
Case No. 2011-01
 
Request of Greg Rochester of 4880 Countryside Road for a variance from the provisions of Section 1160.04 (a) 6 (A) of the Planning and Zoning Code. The requested variance would allow Mr. Rochester to erect a 14' x 16' storage shed. A variance of 104 square feet over the allowed maximum 120 square feet is requested.
 
Grounds for appeal and Chapter 1160.04 (a) 6 (A) were ready by Mr. Bader, Secretary.
 
Letters of invitation were sent 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:
 
Greg Rochester, 4880 Countryside Road
Charles E. Hochstetler, 4855 Middledale
 
It was noted that there is more than forty (40) feet between the house and rear property line, therefore the appellant is allowed a one hundred twenty (120) square foot shed.
 
Mr. Greg Rochester, appellant, 4880 Countryside Road, testified that he is requesting this proposed shed to replace a smaller shed 16' wide by 12' feet, which was in disrepair due to the amount of standing water in his rear yard. He further testified that the height of the previous shed and the proposed shed is eleven (11) feet, and it is his intent to place the proposed shed at the same location as the previous shed.
 
In answer to Mr. Koss's question, Mr. Rochester testified that he believes the proposed shed will be at least three (3) feet from the rear property line. He further testified that the proposed plans distributed to the Board Members are smaller than what is requested, but will have a porch on the shed as shown.
 
Mr. Mandato stated that photos of the previous shed, and standing water were submitted by the applicant, however the printer in the Building Department was out of service. He further stated that the overhang shown is not counted as part of the square footage of the shed; overhangs are permitted by code.
 
In answer to Mr. Koss's question regarding the water problem in the rear yard, Mr. Rochester testified that he plans on digging a footer thirty-six (36) inches deep for a monolithic concrete slab, which will hold up to all the water.
 
In answer to Mr. Warren's question, Mr. Rochester testified that the original shed was larger than what is allowed by code.
 
In answer to Ms. Colich's question, Mr. Rochester testified that he needs the extra square footage in the tool shed because he has a small two (2) car garage, and has a lot of tools, children's toys, sporting equipment, extra slate shingles and yard equipment. He further testified that the baggage assembly on the lawnmower that he currently owns had to be removed to fit through the door of the previous tool shed. He also testified that he would like to put in a drawbridge door to the proposed shed. He then testified that the materials to be used on the proposed shed will match the existing house; the same siding and detail.
 
In answer to Mr. Warren's question, Mr. Rochester testified that he parks only one car in the garage, the other vehicle, a large SUV won't fit due to its height.
 
Mr. Charles E. Hochstetler, 4855 Middledale Road, testified that the letter of invitation was addressed to 4855 Clubside, when in fact, he lives at 4855 Middledale Road. He testified that he is directly behind the Rochester property, and has no objections to the variance being granted. He asked if he could plant shrubbery to screen the structure; he further asked if the non-conforming tool shed would detract from his property value, since he is selling the house.
 
In answer to Mr. Bader's question regarding moving the location of the proposed shed forward to provide adequate screening, Mr. Rochester testified that he would move the location of the proposed shed if so directed, however, there is so much standing water in the rear yard, that no vegetation would survive; he has tried planting shrubs in that area before with no success. He further testified that he has placed French drains in the rear yard, which helps the drainage, but doesn't completely alleviate the problem.
 
F I N D I N G S
 
The Board finds that:
 
  • The property in question and the abutting rear yard neighbor have deep lots.
  • The existing two (2) car garage was built smaller than the two (2) car garages newly built.
  • The appellant testified that the materials used to build proposed shed will match the existing house; siding and details and color.
  • Special conditions are not the result of previous actions of the applicant.
  • The granting of the variance would not change the character of the neighborhood.
  • There were no objections from abutting property owners; in fact the neighbor most affected was present and stated the same.

  •  
    It was moved by Mr. Warren, seconded by Mr. Novak that recommendation be made to Council to confirm the decision of the Board to grant requested variance based on the above findings and following conditions:
     
  • That the materials to be used are in keeping with the same architectural features and colors of the existing house on the property.
  • The variance granted is for the square footage only, there is no request for a height variance.

  •  
    Roll Call:
     
    Yeas: Bader, Koss, Colich, Novak, Warren.
    Nays: None
     
    Motion carried.
     
    It was moved by Mr. Koss, 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 8:15 p.m.


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