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BZA Meeting Minutes - July 28, 2014


Councilman Stanard called the Board of Zoning Appeals meeting to order at 6:00pm.

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

OTHERS PRESENT: Dave Strichko, Building Inspector, Aimee Lane, Assistant Law Director, Sherri Arrietta, Clerk of Council

Mayor Renda made a motion seconded by Mrs. Cooper to approve the minutes of the June 23, 2014 meeting.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Ms. Corcoran, Mr. Stanard, Mayor Renda
NAYS: NONE
MOTION CARRIED


Councilman Stanard declared the public hearing open at 6:01pm. At this time, Mrs. Lane administered the oath to those who wanted to speak at the hearing.

John Conomy
320 Chagrin Blvd.
Area Variance – Front Setback

Mr. Ryan Sanders and Mr. Tim McDonough, with Premier Custom Builders, were present at the meeting. Mr. Sanders stated that the applicant would like to build a house on this property, which he just purchased, and is therefore requesting a 35 ft. front setback variance. The required front setback is 120 ft. and the applicant is proposing an 85 ft. setback. He stated that if the house were to be built with the required 120 ft. setback, it would actually encroach into the hillside. The neighbors to the west also have a setback that is less than what is required, and in fact, is even less (40 ft. setback) than what the applicant is proposing.

There were no residents in attendance wishing to speak for or against this request.

Councilman Stanard declared the public hearing closed at 6:05pm.

Mr. Stanard stated that based on the Village Engineer’s letter, which was included in the submittal packet, the Engineer points out that the topography of this lot favors this variance and also the fact that the hillside area would be impacted to a greater degree if the required setback was used, instead of granting the variance.

Mr. Bolek was concerned about the proposed house fitting in with the neighboring houses, since the square footage is much more than that of the existing houses. It was pointed out that the proposed location for the house is off to the far right side and a good distance from the other houses. The lot will also remain wooded in front which will provide screening from the street.

At this time, Mrs. Lane read the findings of fact which are as follows:

1. Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable generally to other lands or structures in the same zoning district because there is a river flowing through the backside of the property and the property is located on a declining hill.
2. The property will not yield a reasonable return and there cannot be beneficial use of the property without the variance due to the topography of the property and the location of the hillside. The proposed location of the house is the most reasonable location.
3. The variance may appear substantial but it is the minimum necessary to make possible the reasonable use of the land due to the topography of the property and the location of the hillside.
4. The essential character of the neighborhood will not be substantially altered and adjoining properties would not suffer substantial detriment as a result of the variance because the proposed location provides for a greater front yard setback than existing homes in the area. The proposed location of the home will be at a rather significant distance from the neighboring house.
5. The variance will not adversely affect the delivery of governmental services.
6. The property owner purchased the property with the knowledge of the zoning restrictions.
7. Special conditions or circumstances do not exist as a result of the actions of the owner.
8. The property owner’s predicament feasibly cannot be obviated through some method other than a variance due to the topography of the property and the location of the hillside.
9. The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance because the property owner is entitled to make a reasonable use of the property and the result would be a front yard setback that would actually be greater than neighboring houses and would move the house away from the hillside.
10. The granting of the variance would not confer special privilege to this applicant that is denied to others because the proposed front yard setback would be greater than those existing in the neighborhood.

Mayor Renda made a motion seconded by Mrs. Cooper to accept the findings of fact.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Ms. Corcoran, Mayor Renda, Mr. Stanard
NAYS: NONE

MOTION CARRIED


Ms. Corcoran made a motion seconded by Mr. Bolek to approve the 35 foot front yard setback variance located at 320 Chagrin Blvd.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Ms. Corcoran, Mayor Renda, Mr. Stanard
NAYS: NONE
MOTION CARRIED


Mayor Renda made a motion seconded by Mr. Bolek to adjourn the meeting at 6:19pm.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Ms. Corcoran, Mayor Renda, Mr. Stanard
NAYS: NONE
MOTION CARRIED


Respectfully Submitted, 
Sherri Arrietta, Clerk of Council



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