City of Lyndhurst, Ohio Board of Zoning Appeals
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December 17, 2012: Board of Zoning Appeals
AGENDA:

 
To meet in Special Session on Monday, December 17, 2012, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members: Kimberly Colich, Chair; David Bader, 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 August 13, 2012.
 
Approve minutes of the Regular Meeting held November 12, 2012.
 
Swear in Kim Colich, to renew her term on the Board of Zoning Appeals
 
Swear in Frank Novak, to renew his term on the Board of Zoning Appeals.
 
Case No. 2012-06:
 
Request of Tom McFiggin for and with the residents of Lyndhurst Park Estates, located at 4947 Countryside Road, for a variance from Chapter 1392.02 of the Planning and Zoning Code to erect an eight foot high stockade rear boundary fence. The fence would include parties at 4947, 4935, 4955, 4963, 4965, 4967 and 4971 Countryside Road, which abuts the YMCA property. This would exceed the six foot in height above natural grade that is allowed.
 
Case No. 2012-07:
 
Request of Old Carolina BBQ, located at 5100 Mayfield Road for a variance from Chapter 1170.09 (a)(1) of the Planning and Zoning Code for two additional monument signs. This would exceed the one monument sign permitted for commercial identification in the Community Business District. The Crossroads currently has two monument signs which are shared by all businesses within the shopping plaza
 
December 17, 2012: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals met in Special Session on Monday, December 17, at 7:30 p.m., in the Council Chamber of the Lyndhurst Municipal Center, 5301 Mayfield Road.
 
Members Present: Kimberly Colich, Chair, David Bader, 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. Warren, seconded by Mr. Novak that the reading of the minutes of the Regular Meeting held August 13, 2012, 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.
 
It was moved by Mr. Bader, seconded by Mr. Novak that the reading of the minutes of the Regular Meeting held November 12, 2012, 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 with Mr. Warren abstaining.
 
Motion carried.
 
Mr. Murphy administered the Oath of Office to both Ms. Kim Colich and Mr. Frank Novak, to renew their terms on the Board of Zoning Appeals.
 
At this time, Mr. Murphy gave an overview of procedures.
 
Case No. 2012-06
 
Request of Tom McFiggin for and with the residents of Lyndhurst Park Estates, located at 4947 Countryside Road, for a variance from Chapter 1329.02 of the Planning and Zoning Code to erect an eight foot high stockade rear boundary fence. The fence would include parties at 4947, 4935, 4955, 4963, 4965, 4967 and 4971 Countryside Road, which abuts the YMCA property. This would exceed the six foot in height above natural grade that is allowed.
 
Grounds for appeal and Section 1329.02 of the Planning and Zoning Code 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 witness signed the register and was sworn in by Mr. Murphy:
 
Tom McFiggin, 4947 Countryside Road
 
Mr. Tom McFiggin, 4947 Countryside Road, testified that presently and in years past, the YMCA has been a good neighbor. He then testified that he and his neighbors feel an eight (8) foot high stockade fence is warranted due to the fact that recently, the YMCA has removed a lot of scrub growth along the rear property line, which afforded the residents on Countryside Road screening from both noise and the YMCA's parking lot. He also stated testified there is an existing chain link fence on the YMCA's property that is in disrepair. He then submitted photographs of the view from the rear yards of Countryside Road looking towards the YMCA, showing symbols depicting a proposed stockade fence at both six (6) feet and eight (8) feet heights.
 
In answer to Mr. Warren's question, it was found that the YMCA is zoned residential; therefore a six (6) foot or an (8) foot high stockade fence is not warranted between the same zoning classifications, according to the zoning code; hence the request for a variance.
 
In answer to Mr. Warren's question regarding the purchase and placement of the proposed fence, Mr. McFiggin testified that he has spoken to the YMCA about the proposed fence; the YMCA is not opposed to the fence, however he has not asked the YMCA to pay for the cost of the proposed fence. In answer to the question regarding the placement of the proposed fence, Mr. McFiggin testified that there is one property owner along the rear property line of the YMCA that has not signed the contract for the erection of the proposed fence; however in speaking with that neighbor, he is not opposed to the proposed fence.
 
In answer to Mr. Novak's question, Mr. McFiggin testified that the property owner that has yet to sign the contract for the proposed fence, is not listed in the appeal. He then testified that one contractor will be doing the work, to keep a uniform look.
 
In answer to Mr. Bader's question regarding the side yard of 4971 Countryside, Mr. McFiggin testified that the proposed stockade fence will end at 4967 Countryside Road, and not include the side yard of 4971 Countryside Road.
 
It was noted that that special recommendation would have to be considered for a proposed side yard fence at 4935 Countryside Road.
 
F I N D I NG S
 
The Board finds:
 
1. There were no objections from abutting property owners.
 
2. Most of the abutting property owners are part of the group requesting a variance.
 
3. The grade of the property line is much lower than the grade of the house, which is a further justification for a height variance.
 
4. The YMCA is zoned 1 Acre, Single Family, but is found to be a commercial use, therefore an eight (8) foot high stockade fence is justified.
 
5. The portions of Lyndhurst Park Estates that abuts Mayfield Road have an existing eight (8) foot high stockade fence.
 
6. 4971 Countryside will not be included in the request for appeal, and 4935 Countryside is requesting an eight (8) foot high stockade fence on the side property line, to be contiguous with the rest of the rear yard fence along Countryside Road.
 
7. There is an existing stockade fence in that neighborhood, along Mayfield Road, which does not change the character of the neighborhood.
 
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.
 
Roll Call: Yeas: Colich, Bader, Novak, Warren | Nays: None
 
Motion carried.
 
Case No. 2012-07
 
Request of Old Carolina BBQ, located at 5100 Mayfield Road for a variance from Chapter 1170.09 (a)(1) of the Planning and Zoning Code for two additional monument signs. This would exceed the one monument sign permitted for commercial identification in the Community Business District. The Crossroads currently has two monument signs which are shared by all businesses within the shopping plaza.
 
Grounds for appeal and Section 1170.09 (a)(1) were read by Mr. Bader.
 
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:
 
Steve Eisenberg, 24500 Chagrin Bl, Suite 102, Beachwood
E. Dale Inkley, 5126 East Farnhurst
Todd Schafer, 13190 Kaufman (?) Ave
 
Mr. Steve Eisenberg, leasing and management of Crossroads, testified that his company has revamped the shopping center a number of years ago for optimum visibility of all the storefronts and various improvements to the parking lot. He then testified that currently, Old Carolina Barbecue Company is not visible from Mayfield Road due to Boston Market, which is a separate parcel, being in front of it. He then testified that by allowing Old Carolina Barbecue the additional signage, it would greatly increase the street identity of the restaurant.
 
In answer to Mr. Novak's question regarding other tenants that may want separate signage, Mr. Eisenberg testified that he can justify the separate sign due to the square footage and location of the store.
 
Mr. Bader stated that the existing signs on storefronts in the Crossroads are difficult to read from Mayfield due to the age and aesthetics of the signage.
 
Mr. Eisenberg testified that in the near future, his plan is to propose a new sign plan for the entire shopping center, which will include monument signs and storefront signs.
 
In answer to Ms. Colich's question regarding having Old Carolina Barbeque on the sign proposal in the future, Mr. Eisenberg testified that he doesn't feel that displaying Old Carolina Barbeque on a monument sign with the other tenants will give them the proper identity, exposure and recognition they need.
 
Mr. Bader stated his concern with the placement of the proposed three (3) foot by six (6) foot sign adjacent to the sidewalk along Richmond Road; he feels it gives limited sight distance to pedestrians and bicycle traffic.
 
Mr. Eisenberg testified that he is not opposed to repositioning the proposed sign along Richmond Road to where it would not impede visibility. In answer to Ms. Colich's question, Mr. Eisenberg testified that the proposed sign along Mayfield Road is two sided and perpendicular to Mayfield Road; the proposed sign along Richmond Road is V shaped for optimum visibility.
 
Ms. Colich recommended moving the proposed sign along Mayfield Road back further towards the shopping center.
 
Todd Schafer, owner of Old Carolina Barbeque, testified that he has invested a lot of money into advertising to create more exposure due to the location of the restaurant. He further testified that his goal is to give back to the community.
 
In answer to Mr. Inkley's questions, Mr. Eisenberg testified that it is not his intent to install electronic signs in the Crossroads. He further stated that Old Carolina stated they would opt out of the existing monument sign (listing all tenants) if they are granted a variance for a monument sign.
 
In answer to Mr. Warren's question, Mr. Schafer testified that the proposed signs will be illuminated by spotlights.
 
F I N D I N G S
 
The Board finds that:
 
1. There were no objections from abutting property owners.
 
2. The restaurant is in a unique location as to site lines, and is hidden from both Richmond and Mayfield Roads.
 
3. Old Carolina Barbeque has entrances on both Mayfield and Richmond Roads.
 
4. The restaurant is at a corner location in addition to it having the largest square footage in the shopping center, is still not visible to the traffic along both Mayfield and Richmond Roads.
 
5. The restaurant is immediately behind a building that is blocking it.
 
It was moved by Mr. Novak, seconded by Mr. Bader 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:
 
1. The exact location of the proposed signs be studied to ensure the safety of pedestrian and bicycle traffic.
 
2. The placement of the proposed signs be approved by the Lyndhurst Police Department.
 
Roll Call: Yeas: Colich, Bader, Novak, Warren | Nays: None
 
Motion carried.
 
It was moved by Mr. Bader, 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 9:00 p.m.
 
Kim Colich, Chair
 
Approved:
 
Attest:



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