City of Lyndhurst, Ohio Board of Zoning Appeals
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April 9, 2012: Board of Zoning Appeals
AGENDA:

 
To meet in Regular Session on Monday, April 9, 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 Koss, Frank Novak, Russell Warren
 
Others: Paul Murphy, Director of Law; Larry Puskas, Building Inspector; Joe Mandato, Housing Inspector; Clarice J. White, Acting Secretary.
 
Administer Oath of Office for Russell Warren, to renew his term on the Board of Zoning Appeals.
 
Minutes:
 
Approve minutes of the Regular Meeting held August 8, 2011.
 
Approve minutes of the Regular Meeting held September 12, 2011.
 
Case No. 2012-01
 
Request of Sister Agnes Marie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12') foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50') foot front yard setback.
 
TABLED ITEMS:
 
Case No. 2011-03:
 
Request of Renew Contracting LLC, agent for Roland Sommerville, 5496 Lansbury Lane, for a variance from the provisions of Chapter 1160.05 of the Planning and Zoning Code. The applicant requests a 16'8" rear yard variance to allow the erection of a 12' x 12' deck.
 
Case No. 2011-04:
 
Request of Angela Williamson, 1175 Richmond Road for a variance from Chapter 1323.03 of the Planning and Zoning Code to allow a driveway extension up to the property line, not leaving the minimum 18" distance from the property line, which is required. A survey would also be required by the applicant to prove the minimum 18" is being established.
 
April 9, 2012: Board of Zoning Appeals
MINUTES:

 
The Board of Zoning Appeals met in Regular Session on Monday, April 9, 2012 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 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. Koss, seconded by Mr. Bader that the reading of the minutes of the Regular Meeting held August 8, 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 with Ms. Colich and Mr. Novak abstaining.
 
Motion carried.
 
It was moved by Mr. Bader, seconded by Mr. Koss that the reading of the minutes of the Regular Meeting held September 12, 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 with Mr. Warren abstaining.
 
Motion carried.
 
At this time, the Oath of Office was administered to Mr. Warren by Mr. Murphy, to renew his term on the Board of Zoning Appeals.
 
Mr. Murphy then outlined the requirements set by city council for granting or denying a request for an area variance.
 
Case No. 2012-01
 
Request of Sister Agnes Marie, SND, on behalf of Julie Billiart School, 4982 Clubside Road, for a thirty-nine point twelve (39.12') foot variance from the provisions of Schedule 1160.05 of the Planning and Zoning Code, to permit the construction of a new parking lot within the required fifty (50') foot front yard setback.
 
Grounds for appeal and Section 1160.05 were read 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.
 
Mr. Bader stated that a letter from Mr. Joseph Ciuni, of the GPD Group, regarding storm water, to the city engineer Mr. Jeff Filarski was received, and entered into the permanent file.
 
The following witnesses signed the register and were sworn in by Mr. Murphy:
 
Barbara Bruck, 4907 Clubside Road
Dale Veres, 1512 Clubside Road
Joe Ciuni, GPD Group, 5595 Transportation Boulevard., Garfield Heights
Sister Agnesmarie, SND, Julie Billiart School, 4982 Clubside Road
Allen Segal, 4907 Clubside Road
Kay McFadden, 1588 Clubside Road
 
Mr. Joe Ciuni, GPD Group, Engineer, submitted photos of the property. He testified that there is a great need for increased parking, and due to the topography of the site, the placement of where to put the parking area is difficult. He further testified that there is an existing stone wall which will block the view of the proposed parking lot from the street. He testified that there will be increased landscaping between the existing stone wall and the proposed parking lot. He then testified that there is one way driving into the lot. He also testified that the storm sewer from Clubside Road will be extended to the edge of the proposed parking lot, and will be left open. He then testified that the tops of the cars may be seen beyond the existing stone wall, but there is a possibility that the grade of the proposed lot could be lowered.
 
In answer to Mr. Koss's question regarding piping the stream to allow for more parking, Mr. Ciuni testified that no hydraulic calculation was done. He then testified there are currently pipes under the driveway, and felt that adding more could possibly increase water back up in the area.
 
In answer to Mr. Koss's question regarding parking near the gatehouse, Mr. Ciuni testified that he was not asked to look to that area for parking, but he believed that the topography of that area is not conducive to a parking lot.
 
Mr. Bader stated that he concurs that this is a difficult site to build on due to the topography, however he feels there is another option. He then submitted a sketch showing the drive going straight to intersect a portion of the guard rail system and continue due east; if that was done, the existing parking could be extended the existing parking could be extended and a variance may not be needed. He then stated that due to the proposed plans showing the change in the course of the stream, the proposal must be sent to the Ohio EPA, as stated in Mr. Ciuni's letter to Mr. Filarski, City Engineer.
 
Mr. Bader stated that the sketch he drew shows twenty-nine (29) additional spaces, with no variance required, and suggested his alternate plan be considered.
 
Sister Agnesmarie, Julie Billiart School, testified that she and the school are committed to three things; safety, academics and neighbors. She then testified that since the disability laws have changed, there has been an increase in the number of teachers and aides required at the school, and due to these changes and increased staff, the day to day parking needs at the school are inadequate. She testified that cars are currently parking along the driveway, close to the playground, and the area where outdoor physical education is held. She testified that parking cars in these locations is not safe for the children, or the adults. She further testified that she approached someone to acquire Mr. Lewis's adjacent property, but was told no.
 
Barbara Bruck, 4907 Clubside Road, submitted a letter to the Board which will be made part of the permanent file, and testified that she felt neighbors on other streets in the Lyndhurst Park Estates should have been notified. She further testified that allowing a parking lot would compromise the integrity and character of the neighborhood. She testified about other schools that have parking problems and how the cities denied the requests for additional parking. She further testified she would rather see cars parked on Clubside Road rather than altering Julie Billiart School's property. She then testified that there is the possibility of renting parking lots for special events held at the school. She then testified she is opposed to the granting of the requested variance due to the reasons stated and due to increased traffic in the area.
 
In answer to Mr. Koss's question regarding sharing parking with Hawken School, Councilman Ward stated that there is a need for day to day parking, which is what the request is for; not special event parking.
 
Sr. Agnesmarie testified that Julie Billiart School and Hawken School do share parking when needed. She further testified that Clubside Road was utilized more for parking prior to the building of the additional road years ago, and neighbors were happy when the additional road was built.
 
In answer to Mr. Novak's question, Sr. Agnesmarie testified that there are no plans for the expansion of the school building.
 
Mr. Dale Veres, 1512 Clubside Rd, Chairperson of the Lyndhurst Park Estates Homeowners' Association, testified that he is in favor of the requested variance being granted due to the fact that he has witnessed the need for additional parking space at the Julie Billiart School. He then testified that parking along the curve of Clubside Road is very dangerous in the dark or inclement weather, especially when busses need to get through.
 
Kay McFadden, 1588 Clubside Road, testified that she has no objection to the requested variance being granted. She further testified that she also feels that parking along Clubside Road is dangerous, especially at the curve.
 
Alan Segal, 4907 Clubside Rd, testified that he would like to see proof that additional parking is needed in the area proposed. He testified that he feels parking would be reasonable on the street and suggested obtaining permission from homeowners to park in their driveways. He further testified that he doesn't see the association between safety and additional parking spaces, and furthermore, doesn't see the reason for any additional parking at the school. He then stated that Julie Billiart School is a wonderful school, and a large part of the Lyndhurst Park Estates, and feels that the entire neighborhood should have been notified of the meeting this evening, because the entire neighborhood would be affected by the granting of the variance.
 
Mr. Warren clarified that the reason why this request is before the Board is because the proposal shows encroachment of over thirty-nine (39) feet into the fifty (50) foot front setback; if the parking did not encroach into the setback, no variance would be required and the parking lot could be built immediately. He then stated that it is a question of where the parking lot would be located, not whether it can be built.
 
Mr. Dale Veres, 1512 Clubside Rd., testified that as the Chairman of the Lyndhurst Park Estates, he will make sure all homeowners receive information on this issue and will provide a copy of the notice sent by the Board of Zoning Appeals. He again reiterated the dangers of parking along Clubside Road, especially along the curve.
 
Mr. Koss asked the applicant if they would like the Board to table their request to allow time to review the sketches that Mr. Bader had presented, or if they would prefer the Board act upon the requested variance as presented.
 
After a short caucus between Mr. Ciuni and Sr. Agnesmarie, Mr. Ciuni stated that the applicant would like the Board to vote on the requested variance as presented.
 
F I N D I N G S
 
The Board finds that:
 
  • This issue may be obviated through other methods other than a variance, while matching or exceeding the number of parking spaces shown on the requested variance, and therefore the applicant had not established practical difficulty to the satisfaction of the Board

  •  
    It was moved by Mr. Warren, seconded by Mr. Koss that recommendation be made to Council to confirm the decision of the Board in Case No. 2012-01 to deny requested variance, based on the above finding.
     
    Roll Call:
     
    Yeas: Colich, Bader, Koss, Novak, Warren
    Nays: None.
     
    Motion carried.
     
    TABLED ITEMS
     
    Case No. 2011-03
     
    Request of Renew Contracting LLC, agent for Roland Sommerville, 5496 Lansbury Ln, for a variance from the provisions of Chapter 1160.085 of the Planning and Zoning Code. The applicant requests a 16'8" rear yard variance to allow the erection of a 12' x 12' deck.
     
    This case was recommended that Council confirm the decision of the Board to grant requested variance, based on the findings.
     
    Case No. 2011-04
     
    Request of Angela Williamson, 1175 Richmond Road for a variance from Chapter 1323.03 of the Planning and Zoning Code to allow a driveway extension up to the property line, not leaving the minimum 18" distance from the property line, which is required. A survey would also be required by the applicant to prove the minimum 18" is being established.
     
    It was moved by Mr. Bader, seconded by Mr. Koss that Case No., 2011-04 be removed from table due to failure of the applicant's response to the request of the Board for more information.
     
    The question was put to a voice vote and passed unanimously.
     
    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 8:45 p.m.


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