Planning Commission Meeting Minutes - March 25, 2013

The meeting was called to order by Chairman Fritz at 5:13 p.m.

PRESENT AT ROLL CALL: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
ABSENT: Mr. Bolek

Others Present: Greg Potts, Building Inspector, Aimee Lane, Assistant Law Director, Jeff Filarski, Village Engineer

Mayor Renda made a motion seconded by Mr. Stanard to approve the minutes of February 25, 2013.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS:
ABSTENTIONS: Mr. Fritz
MOTION CARRIED

Chairman Fritz stated that because tonight is the first night of Passover, some items on the agenda need to be rearranged in order to accommodate applicants who need to leave for their Passover celebration.


ML Tavern
34105 Chagrin Blvd.
Conditional Use Certificate - Outdoor Canopy & Seating

Chairman Fritz declared the public hearing open at 5:15p.m. At this time, Mrs. Lane administered the oath to those who wanted to speak at the hearing.

Brent LaCount with Design Collective, Inc, and Joe Siccone and Jerry Severin, owners of ML Tavern, were present at the meeting. Mr. LaCount stated that they are requesting a conditional use certificate for the proposed covering and outdoor seating on the existing outdoor patio. He stated that the previous business had a conditional use for the patio; however it was recommended to seek their own certificate so that it is specific to their business.

Since there were no audience members present who wanted to comment, Chairman Fritz declared the public hearing closed at 5:16p.m.

Mayor Renda stated that the Village did not receive any negative comments from the surrounding neighbors in response to the letter that was sent out to all the surrounding property owners describing the proposed conditional use.

Mrs. Cooper asked about the number of seats there will be on the patio. Mr. LaCount stated that there will be 34, which is the same number the previous tenant had. He stated that the existing gate and the shrubbery will remain.

Mayor Renda asked how they intend to keep the noise to a minimum so that it will not bother the neighbors. Mr. Siccone stated that he believes the noise level will be similar to what it was with the previous owner and they will have curtains that will enclose the patio and therefore contain the noise inside. He stated that there will be live music inside the restaurant, with speakers and two TV’s outside on the patio. Mr. Siccone stated that there will be some months where there will not be any noise at all.

Mr. Fritz asked if there will be signs stating “no alcohol beyond this point” in order to maintain the perimeter for alcohol consumption. Mr. LaCount stated that they would put up signs and stated that the patio is enclosed and will remain so with the existing railing and gate.

Mr. Stanard asked about the addition of the west wall and whether the Arborvitae will be missing from that area. Mr. LaCount stated that they are not extending the footprint of the patio and will be maintaining as much of the Arborvitae as they can but will add shrubs outside the western wall where they will be removed. He stated that the canopy will remain up all year round and will be replaced when there are signs of wear and tear.

A motion was made by Mr. Fritz seconded by Mrs. Cooper to recommend to Council, the conditional use certificate as requested by ML Tavern located at 34105 Chagrin Blvd, with the following stipulations: seating will remain the same, no live music outside on the patio, no extension of the patio footprint, the canvas will remain up all year, “no alcohol beyond this point” signage, and all existing shrubbery will remain.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Richards-Gehring
35500 Jackson Road
Addition & Alteration

Mr. Leo Lee, architect was present at the meeting. Mr. Lee stated that they are proposing a master bedroom addition on the west side of the house, above the garage. Currently the master bedroom has 7ft. ceilings; they are proposing 9 ft. ceilings. He stated that the den located at the rear of the house is going to be removed and replaced with an open-space room. At this time, the homeowner passed out pictures of the proposed project to the Commission members.

Mr. Fritz stated that all the setback requirements have been met for this project; however the architect made some notations on the drawings that will need to be addressed. Mr. Filarski stated that there are no issues with the lot.

Mrs. Cooper made a motion seconded by Mayor Renda to approve the addition and alteration at 35500 Jackson Road, subject to compliance with the architect’s notes.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Mr. & Mrs. Mayher
35425 Miles Road
Addition

Mr. John Mayher, homeowner was present at the meeting. He stated that the house is a ranch style home in need of mechanical and aesthetic updates. Mr. Mayher stated that his goal is to improve it in keeping with the surrounding homes and the other homes within the community. The intention is to maintain the footprint while adding two new additions; the front stairwell area and the garage. The addition of the second floor will be on most of the existing house. There will not be more than two different roof pitches.

Mr. Fritz stated that there is a note from the architect on the drawings relating to fire rating in the garage. Mr. Filarski stated that there are no issues with the lot.

Mr. Stanard asked if there were going to be any utility changes. Mr. Filarski stated that they currently have a pending water permit to tie into the water main. Mr. Mayher stated that they currently have oil heat and would like to change it to gas. Mr. Filarski advised Mr. Mayher to include that on the right-of-way permit.

Mr. Stanard made a motion seconded by Mrs. Cooper to approve the addition located at 35425 Miles Road, subject to compliance with the architect’s note.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Mr. & Mrs. Friedman
25 Bernwood
Pool/Patio

Mr. Matt McCue, landscape architect was present at the meeting. He stated that they are proposing to remove the existing brick paver patio and fire pit and replace it with a new in-ground swimming pool. There will be a patio space with pool decking around the pool area. They will be adding some boxwood hedging, grasses, and shrub roses near the pool area. Mr. McCue stated that they are within all the setback requirements. He stated that near the existing wall, where there is a grade change, they will be adding some out-cropping boulders as well as re-working the existing wall to accommodate the change in the set location. Mr. McCue stated that there are no grade changes and everything will drain off into the lawn area. He stated that the pool equipment will be buffered from all sides by existing White Pines.

Mr. Potts asked if there were any plans to add a cabana/pool house at this time. Mr. McCue stated that there was not at this time.

Mr. Fritz asked about the existing and proposed fencing. Mr. McCue stated that the existing split –rail fence along the west property line belongs to the neighbor and the Friedman’s are proposing to install black, decorative aluminum fencing from the corner of the house, along the back of the property and back around to tie into the southeast corner of the house.

Mr. Potts discussed the requirements of using the shared access drive with Mr. McCue.

Mrs. Cooper asked about masking the sound of the pool equipment. Mr. McCue stated that the existing pines near the pool equipment are large in size, and the nearest neighbor to the south is across the ravine and therefore he does not believe that sound will be an issue.

Mrs. Cooper made a motion seconded by Mr. Stanard to approve the pool and patio located at 25 Bernwood, subject to the contractor obtaining the necessary bond if the access drive is utilized.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Vauhgn-Ballard
12 Cotswald
Addition & Alteration

Ms. Rebecca Pantusso, partner with George Clemens Architects was present at the meeting. She stated that they are proposing to take down a few small columns at the front entry and dress it up, but will not change the existing footprint. She stated that they are also proposing to add a screened-in porch at the rear of the house.

Mr. Fritz stated that there were no notes from the architect on the drawings and the setback requirements have been met.

Ms. Pantusso asked if one change to the plans could be considered. She would like to move the door from the center, as shown on page A5 of the drawings, to the right corner so that the brick walkway could be utilized. She provided the Commission members with a drawing of the proposed change.

Mayor Renda made a motion seconded by Mr. Stanard to approve the drawings, as amended, for the addition and alteration located at 12 Cotswold.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


At this time, Aimee Lane gave an update on the matter concerning Mr. & Mrs. Haas. She stated that she met with Margaret Cannon and Ken Fisher, attorney for Mr. & Mrs. Haas, this morning. It was explained to Mr. Fisher that the lot split was not looked upon favorably, in part because it was creating a strange lot line to specifically address their failure to secure the required variance. Mrs. Lane stated that Mr. Fisher indicated that he felt that it was likely that they could come back with a different proposal that was a more reasonable lot line. Mrs. Lane stated that an update was provided from the architect stating that inspections have been completed on the work that was done to the house. She stated that the Mrs. Cannon informed Mr. Fisher that Mr. Potts felt that an electrician could not have adequately assessed the work that was done, so that is still an outstanding item.

Mrs. Lane stated that the court case is still on-going and that there will be a hearing Thursday, March 28. Mr. Potts stated that there have been several postponements already. Mr. Fritz asked if it would be her recommendation to continue to table the lot split if the legal proceedings are still underway. Mrs. Lane stated that there will be a point where the court is going to want some action; the court is going to want to see active steps to rectify what was not done before there is any final sentencing or conclusion to that matter.

Mrs. Cooper asked if they have been forthcoming about the contractors who did the work yet and asked if the court could require them to disclose that information. Mayor Renda stated that they have not provided that information yet. Mrs. Lane stated that the court cannot require them to disclose that but can definitely take the failure to do so into consideration in issuing any type of sentence.

Mr. Stanard pointed out that the title block on the plans submitted by Ann Dunning, architect, has the wrong name and address on it. He further pointed out that the electrician listed does not appear to have an Ohio Electrician’s License, but in fact has another electrician’s number listed. Mr. Filarski stated that he would look into it. There was a discussion about having a Village approved electrician inspect the work that was completed, at the expense of the homeowner.

Mrs. Cooper made a motion seconded by Mr. Stanard to adjourn the meeting.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED

The meeting was adjourned at 6:10p.m.


Respectfully Submitted,
Sherri Arrietta, Clerk of Council