Planning Commission Meeting Minutes - April 22, 2013

The meeting was called to order by Chairman Fritz at 5:03 p.m.

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

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

Mrs. Cooper made a motion seconded by Mr. Stanard to approve the minutes of March 25, 2013.

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


Dr. & Mrs. Kriwinsky
70 Easton Lane
Garage Addition

Mr. Larry Newman, builder, was present on behalf of Dr. & Mrs. Kriwinsky. He stated that they are proposing a garage addition and the homeowner requested that the front elevation not have a window. Mr. Newman stated that Dr. Kriwinsky will have a very expensive car in the garage and therefore does not want anyone to be able to see in nor does he want cobwebs collecting in the window. Mr. Newman stated that he advised Dr. Kriwinsky to dress up that area, once the work is complete, with landscaping or a piece of artwork. Mr. Fritz asked if there were trees in the site line from the street. Mr. Newman stated that there are trees there which make it difficult to see that area from the street. Mr. Janke stated that he thinks that the homeowners would be well advised to add some architectural detail to that area because it will be in stark contrast to the rest of the house. Mr. Newman stated that he will make sure that the homeowners will do something to enhance it. Mr. Fritz reminded Mr. Newman that those are only suggestions; the Planning Commission’s function is to approve the exact drawings brought before them. Mr. Stanard asked if they will be tying into the existing floor drain. Mr. Newman stated that they were.

Mr. Fritz stated that the plans did not have any notes from the architect and that the setback requirements have been met.

A motion was made by Mrs. Cooper seconded by Mayor Renda to approve the garage addition located at 70 Easton Lane.

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


Mr. & Mrs. Paradise
38300 Jackson Road
Garage & Porch Addition

Rebecca Pantusso with George Clemens Architects was present at the meeting on behalf of Mr. & Mrs. Paradise. She stated the garage addition will include doors and windows; therefore it will be architecturally pleasing. Ms. Pantusso stated that the re-elevation work being done currently is on the west side, with the intention of turning the screened porch located on the other side, in to a master suite in the future. Ms. Pantusso stated that they will be attaching to the existing drain and adding to it. Ms. Pantusso stated that they will re-work the driveway and the walkway, but they will be using the existing curb cut. Mr. Fritz stated that the plans were approved without notes from the Village architect.

Mr. Stanard made a motion seconded by Mrs. Cooper to approve the garage and porch addition located at 38300 Jackson Road.

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


Mr. & Mrs. Gary Haas
10 Manderly Lane
Work Continuation Permit
Lot Split

Mr. Fritz stated that since this item was tabled at the January 28, 2013 meeting it will require a motion in order to remove it.

Mayor Renda made a motion seconded by Mr. Stanard to remove the item at 10 Manderly Lane from the table.

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


Ann Dunning, Architect, and Dennis Nevar of Ken J. Fisher Company LPA, attorney for the applicant, were present on behalf of Mr. & Mrs. Haas. Ms. Dunning stated that the most efficient and logical way to go about this is to document this as a remodeling project from here forward. She stated that Alan Brown of Premier Homes has been hired as the general contractor, and she will continue to work with Mr. Haas on completing new work items such as railings, porch decks, etc. The remedial work that needs to be done is the structural work. Ms. Dunning stated that Isaac Lewin, structural engineer, has gone through and inspected the work. The items in yellow on the plans provided to the members, are the structural items that need to be addressed in order to meet the requirements of the Building Code: one column without a foundation, one new column with a new foundation, and one column needing to be replaced and which needs a new foundation put under it, and several places where new beams need to be put in. She stated that when Mr. Brown’s carpenter opened up some areas to determine whether headers were put in, they found that for the most part, they were all there on the first and second floors. Ms. Dunning stated that the sunroom area needed some support added in. She stated that she has also made a preliminary plan to replace the porch decking and add a foundation because it was cantilevered, which will cause water to flow back in and rot the beams. This will be presented as new work; however, it will still meet the same perimeters and setback requirements.

Mr. Fritz asked for an update on the electrical and plumbing. Mr. Potts stated that the Village hired a private electrical inspector, Dave Hocevar, to inspect the electrical work that was done. He stated that Mr. Hocevar had several issues as noted in his letter which was included in the meeting packet. Mr. Potts stated that as far as the electrical work is concerned, he does not believe that Mr. Hocevar or any other electrical inspector will be willing to sign off on all the electrical work just by opening up a few walls. Even if the work in those few walls is done properly, it does not necessarily say anything about the electrical work done on the rest of the house. He stated that is the whole reason that the electrical is required to be inspected before the drywall is put up. Mr. Potts stated that he would not blame any electrical inspector for not wanting to put his name on that work now.

Mr. Potts stated that he was able to see the plumbing in the first floor bathroom, through the basement, but he would require them to open a couple walls above that so that he can see where the pipe goes up the wall. He stated that he cannot see any of the plumbing in the second floor bathroom because it has a finished ceiling and finished floor. Mr. Potts stated that he would require them to open up the floor to inspect the plumbing and that he will be able to see the venting that goes out through the roof, if he has access to the attic.

Mr. Fritz stated that he is going to defer to Aimee Lane, Assistant Law Director.

Mrs. Lane stated that last Monday, she and Mr. Potts, along with several other interested parties, went to the property. She stated that it appears as though the entire house was completely renovated. Mrs. Lane acknowledged that the Village does have plans in their possession showing the as-built construction which indicates what is required to be done, in order to make the structure itself, compliant with the Code. As Mr. Potts indicated, since the electrical and plumbing work cannot sufficiently be viewed, an inspector is not going to be comfortable signing off on it. Mrs. Lane stated that since the Village does not feel comfortable approaching this in a piece meal fashion, we would ask that the applicant coordinate with Mr. Potts and Mr. Hocevar to have the wall sections removed so that the inspections can be done in order for all information to then be presented to the Village Architect. She stated that the Village Architect may have additional comments that will need to be addressed, which is what the Village requires for any structure.

Ms. Dunning stated that she does not believe that would be easy to do because the architect will have comments as it relates to the architectural aspect; however, the work is already complete. She stated that she does not believe that anything would need to be torn apart to get a different architectural appearance. Mr. Fritz asked her if she would agree that certain aspects of the work should be torn apart for the safety of the homeowners and any future homeowners. Ms. Dunning stated that she does not. They had two State certified electricians who looked at the project and were willing to take the project on and finish the work. They will then certify that the work has been done the same as a new house would be done. Mr. Fritz asked Ms. Dunning if it was correct that there are a number of electrical routes that cannot be seen because they have been closed in by drywall. Ms. Dunning stated that was correct but that they are not major issues. Mr. Fritz stated that it is a major issue when you are talking about fire safety. Ms. Dunning stated that she had faith in what has been done to this point. She stated that they have discussed using a heat sensor to determine if there are any hot spots in the walls.

Mr. Bolek commented that the drawings submitted have Ms. Dunning’s name on them, not Mr. Lewin’s. He asked if the Village is prepared to read that the same way from a structural standpoint. Mr. Bolek stated that he believes that it should be Mr. Lewin’s stamp on the drawing. Ms. Dunning stated that she is sure that Mr. Lewin would be willing to write a letter certifying that. Mr. Bolek stated that over time, structural conditions that have been hidden can show up later. Ms. Dunning stated that she and Mr. Lewin started with the original drawings of the home from 1986, which were done by Hirschman. She stated that Mr. Lewin did an exploratory with the originals and it was discovered that things had already been changed from when it was built.

Mr. Fritz stated that most fires stem from either cooking or electrical. He stated that the infrared technology to locate hot spots is not infallible. Mr. Fritz stated that this conversation is leading the commission to recommend exposing all the work so that it can all be looked at. Mrs. Lane stated that the Village is not going to feel comfortable until an electrical inspector says it was all done properly. Ms. Dunning asked whether the inspector will specify locations to be open or if he will want everything open. Mr. Potts stated that he may not be satisfied unless everything is open. Mr. Potts stated that what concerns him is the number of structural deficiencies they have found, therefore how is anyone to know for sure if there are not any electrical and plumbing deficiencies. He stated that he has asked for a list of all the contractors that worked on the project, but he has still not received that. Mr. Fritz stated that there could have been more than one electrical contractor on the job, so if one area is opened up, that may not be representative of all the work.

Mr. Haas, homeowner, stated that there was only one person that completed the work. Mr. Fritz asked if he would provide the name of that person. Mr. Haas stated that all the talk tonight is negative about what was not done right about the job; he asked what about what is done right on the job. He asked why would he have open and exposed wires in his own home. Mr. Fritz stated that the Village uses certified electricians to ensure that homes in our community are done to a certain level, and we are not able to confirm that in this case. Mr. Haas suggested turning everything on and if the breakers blow, then that would show any deficiencies. Mr. Fritz stated that is not how it works; it could take time for a load to be secure enough to overload a fuse or not overload it and in turn, create a fire inside the wall. He stated that Mr. Haas is asking the Commission to make a determination that this work was done in a safe and appropriate manner, which is a difficult assumption to make considering that the work is already covered up.

Mr. Haas stated that he would be happy to comply with the Village and open up areas so that it can be determined that it was done properly. He stated that there were several electrical deficiencies that were discovered in his home that were present prior to the work currently being done and therefore why would he duplicate that. Mr. Haas stated it concerns him that everything is so negative about what was done wrong. Mr. Fritz stated that they typically do not compliment work that was done without going through the proper approval processes. He stated that Mr. Haas’ argument of why would he have the work done on his home incorrectly is not valid because, as Mr. Potts pointed out, there were numerous structural items done incorrectly. Mr. Fritz asked why then, should it be assumed that deficiencies were not made in the electrical and plumbing as well. Mr. Haas stated that he believed the structural deficiencies were there prior to this work being done. Ms. Dunning informed Mr. Haas that there were deficiencies in the work within his project. Mr. Haas stated that those deficiencies exist only because the job was stopped, and they were unable to complete the work. Mr. Fritz and Mr. Potts stated that they do not agree with that.

Mr. Stanard stated that since there was an unknown electrician who wired the house without any plans and that Mr. Lewin, a very well respected structural engineer, made recommendations for remedial work which suggests that there were deficiencies, it has to be considered that other work may be deficient as well.

Mrs. Lane explained that what the Village is requesting is to have their electrician, Mr. Hocevar, identify areas to be removed for inspection, with the understanding that all areas may have to be removed, along with areas for Mr. Potts to inspect the plumbing as well.

Mr. Haas stated that if they were to come and look at the work, they would see that he did not cut any costs or take any shortcuts. Mayor Renda stated that she disagrees because he did take a major shortcut; he could have come to Village Hall and submitted drawings, pulled the proper permits, and had the appropriate inspections made. She stated that is why we are here today and the Village is trying to help him get around the mess he has created. Mayor Renda stated that in order for the Planning Commission to move forward, the following items are required: a complete structural report from Mr. Lewin with his signature, a complete electrical inspector’s report from Mr. Hocevar, and a complete plumbing report from Mr. Potts. She stated that she would like to have this move forward and therefore would suggest the maximum amount of cooperation on their end.

Mrs. Cooper reminded everyone that the next meeting will be one week early because of the Memorial Day holiday, so the submission date will also be one week early if they plan to be on the agenda next month.

Mayor Renda made a motion seconded by Mr. Stanard to table the request for the work continuation permit.

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


Mr. Fritz stated that the lot split for 10 Manderly Lane is different than the one previously presented to the Planning Commission. Mr. Dennis Nevar stated that it has been revised to include the solution that Mr. Potts advised would be potentially acceptable to the Village. He requested approval subject to any engineering review that needs to be done.

Mr. Filarski stated that he believes it fits in better with the Village’s typical lot configuration. He stated that his review only requires calculations, nothing that would change the configuration of the lot split.

Mr. Potts suggested having the engineer put a dimension on the Feng house to the new property line to show that they are within the 35 foot setback.

Mayor Renda made a motion seconded by Mr. Stanard to approve the lot split located at 10 Manderly Lane, subject to the Engineer’s final approval.

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


Public Hearing
Ordinance 2013-05
Zoning Code Changes

Chairman Fritz declared the public hearing open at 5:47p.m. Since there were no audience members present who wanted to comment, Chairman Fritz declared the public hearing closed at 5:47pm.

Mr. Fritz stated that he believes that all the members are already aware of the changes being proposed. Mr. Stanard asked if there were any new changes since the February 24th meeting. Mr. Fritz stated that on page 25, Section (g)(9), the wording “may not” replaced “will.”

Mayor Renda stated that there was also a recommended change which not all Council members were in agreement with. On page 24, Section (g)(2)B, it was suggested to remove the wording “there are no alternative locations in compliance with sub-section (1).” Mayor Renda stated that the locations that the solar panels can be placed on are either the roof surface or in the backyard.

She stated that she does not believe that it would be burdensome to eliminate two roof surfaces as an option if they both faced the road.

At this time, Councilman Steve Richman addressed the Planning Commission. He stated that the way it is written, the homeowner would have to prove that there are no other alternative locations other than those that can be seen from the front, but there are always other locations.

Mr. Stanard stated that in paragraph two, it becomes non-compliant. It is asking to first examine all potential compliant locations, and if there are absolutely none, then we are accepting that there may be a location that is non-compliant and it may not satisfy sections A, B, or C in Section (1). Mr. Janke stated that the issue is that the wording in (2)A states “preferred” alternative locations and in (2)B it states “other” potential locations. Perhaps by removing the word “preferred” it may clarify things.

Mayor Renda suggested that Planning Commission refer this back to Council in June, as is, pending any suggestions from Mr. Hartt and/or Mrs. Cannon.

Mr. Stanard made a motion seconded by Mrs. Cooper to recommend passage of Ordinance 2013-05 to Council, subject to review and approval of David Hartt, DB Hartt & Associates and Law Director Margaret Cannon.

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


Discussion:
Mr. Bolek commented on Mr. & Mrs. Haas at 10 Manderly Lane. He stated that they really need to come to the table with whatever satisfies the structural engineer and Mr. Hocevar. Mr. Bolek stated that there are a lot of things that could potentially become a big problem down the road, so he would encourage the Village to stay that course because there could be issues if it were ever sold.

Mr. Fritz reminded everyone that next month’s meeting is a week early and will be on May 20th.

Mrs. Cooper made a motion seconded by Mayor Renda to adjourn the meeting at 6:03pm.

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


Respectfully Submitted,
Sherri Arrietta, Clerk of Council