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BZA Meeting Minutes - October 28, 2013


Chairman Fritz called the Board of Zoning Appeals meeting to order at 6:35p.m.

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

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

Mr. Fritz asked if there were any additions or corrections to the May minutes. He stated that he had one correction; in the last paragraph, the word “projection” should be “protection.”

A motion was made by Mr. Stanard seconded by Mrs. Cooper to approve the minutes of the May 20, 2013 meeting, as amended.

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


Mr. & Mrs. Nock
32805 Miles Road
New Home
Variance for 3 Roof Pitches

Chairman Fritz declared the public hearing open at 6:36pm.

Mr. Kevin White, Architect, and Mr. Ryan Sanders, Premier Custom Builders, were present at the meeting. Mr. Fritz informed the members that this is the second variance request by the same architect for more than two roof pitches. Mr. White stated that the first variance request for an additional roof pitch was for a roof turret, which won a first place Cleveland Choice Award. He stated that with this current proposal, there is a geometry issue. There is an angle required by the site constraints and in an attempt to meet the intent of the Code, he has kept all pitches that can be seen in relation to one another, the same. On the front elevation, all the roof pitches are 14:12. At the side elevations, all pitches in relation to one another are 10:12. Mr. White stated that where the issue comes into play is on the rear of the house where the pitches need to be split, because of the geometry of a 45 degree angle. He stated that he attempted to mitigate that by using an architectural feature called a “disappearing hip” where the hip goes away and back in prospective, so one cannot perceive the third angle. It is located in the area behind the garage and hidden by a gable, so it cannot be seen from the front of the house. Mr. White stated that no one will ever see three pitches against each other on this proposed plan.

Mr. Bolek stated that this rationale supports the use of three roof pitches. He stated that he does not believe that it detracts from the fabric of the design of the home.

Mr. Stanard asked about the previous variance request and the fact that this Board approved said request. Mr. Bolek stated that it was approved because it was a featured element (turret) that deviated from the normal requirements. Mayor Renda stated that now, the current Code allows for special features such as the turret, and would no longer require a variance.

Mrs. Lane stated that Mr. and Mrs. Nock of 32805 Miles Road are seeking a variance from Section 1313.29 for 3 roof pitches on a new home. The factors indicating a practical difficulty in this case include the following:
  • Special conditions and circumstances exist that are peculiar to the land or structure involved that are not applicable generally to other lands or structures in the same zoning district. The site constraints require rotating the house making it impossible to match the pitches that are on the front, rear, and side elevations of the home.
  • The variance is not substantial because, as the applicant as indicated, the third pitch is concealed in the hip of the roof, also known as a disappearing hip, and is therefore not visible.
  • The essential character of the neighborhood will not be substantially altered and adjacent properties will not suffer a substantial detriment if the variance is granted, because the third pitch is being concealed through a disappearing hip and concealed by a gable and in addition, the home will be located on a large lot.
  • The variance will not affect the delivery of governmental services.
  • The applicant did purchase the property with the knowledge of the regulations.
  • There are constraints on this property due to the topography of the land.
  • The spirit and intent of the code is met by granting this variance because site conditions require positioning or rotating the house as shown on the plans, which require the third pitch. All three pitches do relate to each other and the third pitch is a disappearing hip and therefore cannot be seen.

Mr. Stanard made a motion seconded by Mr. Janke to accept the findings of fact.

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


Mr. Bolek stated that since two roof pitches is our standard, the members may be concerned that it will set a precedent and others will expect to receive a variance for more than two roof pitches, however, he believes that anyone else that may request a similar variance should be able to demonstrate, as well as this applicant has, how it does meets a good, consistent design.

Mr. Stanard made a motion seconded by Mrs. Cooper to approve the variance in order to allow three roof pitches on the new home located at 32805 Miles Road.

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


Mrs. Cooper made a motion seconded by Mr. Stanard to go into Executive Session to discuss imminent litigation at 6:50p.m.

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


Mr. Stanard made a motion seconded by Mrs. Cooper to come out of Executive Session at 8:16p.m.

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


Mrs. Cooper made a motion seconded by Mr. Stanard to adjourn the meeting at 8:17p.m.

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



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