caucus prior to strongsville board of … proposed in order to construct a bmx bike ramp; b)...

CAUCUS PRIOR TO STRONGSVILLE BOARD OF ZONING &

BUILDING CODE APPEALS

Meeting of

November 14, 2012

7:30 p.m.

Present - Board of Appeals Members: Dr. Goist; Rich Baldin; Ken Evans; Frank Bohac;

William Harr

Administration: Assistant Law Director: Daniel Kolick

Building Department Representative: Joe Allen

Recording Secretary: Kathryn Zamrzla

The Board members discussed the following:

1) DAVE YANETTA, OWNER

a) Requesting a 138 SF Floor Area variance from Zoning Code Section 1252.15,

which permits a maximum 192 SF Floor Area and where a 330 SF Floor Area

is proposed in order to construct a BMX Bike Ramp;

b) Requesting a 2.5’ Side Yard Setback variance from Zoning Code Section

1252.15(a), which requires a minimum 5’ Side Yard Setback from the

property line and where a 2.5’ Side Yard Setback from the property line is

proposed in order to construct a BMX Bike Ramp; property located at 17117

Greenwood Drive PPN 393-35-064 zoned R1-75.

Mr. Allen stated that the City is considering this request as an Accessory Structure and

the applicant must meet those requirements.

2) DONALD DUWE, OWNER

Requesting a 7’ Setback variance from Zoning Code Section 1252.17 (c), which

requires a minimum 16’ Setback from the right-of-way and where a 9’ Setback from

the right-of-way is proposed in order to install a 6’ board-on-board vinyl fence;

property located at 17036 Bear Creek Lane PPN 397-12-104 zoned R1-75.

Mr. Kolick stated that this is the first request under the new fence ordinance. Ms.

Zamrzla stated that the entire four foot picket fence is being replaced with a six foot

board-on-board fence.

3) SALVATORE MAIORANA, OWNER

Requesting a 5’ Rear Yard Setback variance from Zoning Code Section 1252.15,

which requires a minimum 5’ Rear Yard Setback and where a 0’ Rear Yard Setback

is proposed in order to move an existing shed; property located at 15630 Sassafras

Drive PPN 395-14-066 zoned R1-75.

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Strongsville Board of Zoning and

Building Code Appeals

November 14, 2012

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Mr. Allen stated that the permit was issued based on the shed being five feet off the

property line and during inspection it was found that the shed was placed in the

common area. The applicant now wants to move the shed back to the property line.

PUBLIC HEARINGS

4) FR STRONGSVILLE LLC/Edward J. Leader, Representative

Extension of the determination of October 19, 2011 of the Board of Zoning and

Building Code Appeals:

a) Requesting a 79’ Front Yard Parking Setback variance from Zoning

Code Section 1262.07 which requires a 100’ Front Yard Parking

Setback from the Sprague Road right-of-way and where a 21’ Front

Yard Parking Setback is proposed in order to install Additional

Parking Spaces;

b) Requesting a 41’ Side Yard Parking Setback variance from Zoning

Code Section 1262.07 which requires a 50’ Side Yard Parking Setback

from the Dow Circle right-of-way and where a 9’ Side Yard Parking

Setback is proposed in order to install Additional Parking Spaces;

c) Requesting a 5’ Side Yard Setback variance (West) from Zoning Code

Section 1262.07 which requires a 10’ Side Yard Setback (West) and

where a 5’ Side Yard Setback (West) is proposed; property located at

14955 Sprague Road PPN 395-12-001 Zoned Research and

Development (RD).

Dr. Goist stated that the applicant is requesting the exact same variances as last

year.

5) MATT HOWELLS, OWNER

Extension of the determination of December 7, 2011 of the Board of Zoning and


Requesting a 7.67’ Front Yard Setback variance from Zoning Code Section 1252.04

(d) (1), which requires a minimum 100’ Front Yard Setback and where a 92.33’ Front

Yard Setback is proposed in order to extend a garage and porch roof; property

located at 13297 Blazey Trail PPN 398-27-022 zoned R1-75.

Dr. Goist stated that this is the second extension that has been granted for this

applicant.

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6) PETROS HOMES, Owner/Keith Hall, Representative

Requesting a 4’ variance from Zoning Code Section 1252.16 (d), which permits a

maximum 6’ encroachment into the required 30’ Rear Setback and where a 10’

encroachment into the required 30’ Rear Setback is proposed in order to construct a

Unenclosed Shelter; property located at 14341 Bentley Lane PPN 398-25-029 zoned

R1-100.

Ms. Zamrzla stated that this was changed from a covered deck to an unenclosed shelter.

7) DAVID HURD, OWNER

Requesting a 26’ Setback variance from Zoning Code Section 1252.04 (d) (2), which

requires a minimum 80’ Setback from the center line of Greenbrier Drive and where a

54’ Setback from the center line of Greenbrier Drive is proposed in order to construct

an Attached Garage; property located at 17163 Greenbrier Drive PPN 399-15-028

zoned R1-75.

The Board had no comment on this public hearing.

8) ALFRED LANCE YOUNG, OWNER/New Creation Builders, Representative

a) Requesting an 85 SF Floor Area variance from Zoning Code Section 1252.22

(c), which permits a maximum 1,000 SF Floor Area and where a 1,085 SF

Floor Area is proposed in order to enlarge an existing Garage;

b) Requesting a 6’ Width variance from Zoning Code Section 1252.22 (d), which

permits a maximum 36’ Width and where a 42’ Width is proposed in order to

enlarge an existing Garage; property located at 10532 Hickory Place PPN

391-28-030 zoned R1-75.

Mr. Allen stated that a change has been made to this request. The applicant has

withdrawn (a) because no variance is required for the size of the garage but a variance

is required for the width.

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STRONGSVILLE BOARD OF ZONING & BUILDING CODE APPEALS

MINUTES OF MEETING

November 14, 2012

The meeting was called to order at 8:00 PM by the Chairman, Dr. Goist.

Present: Dr. Goist

Mr. Baldin

Mr. Evans

Mr. Bohac

Mr. Harr

Also Present: Mr. Kolick, Assistant Law Director

Mr. Allen, Building Department Representative

Ms. Zamrzla, Recording Secretary

Dr. Goist – Good evening, ladies and gentlemen. I’d like to call this November 14, 2012

meeting of the Strongsville Board of Zoning and Building Code Appeals to order. Kathy,

would you call the roll please?

ROLL CALL: ALL PRESENT

Dr. Goist - I hereby certify that this meeting has been posted in accordance with Chapter 208

of the Codified Ordinances of the City of Strongsville. We have minutes from October 10,

2012 and October 24, 2012. If there are no objections, I will submit them as written.

Anyone interested in speaking before this Board, and if you would like to comment on the

record with regard to the presentations here for variance requests, you will need to be sworn

in by our Assistant Law Director, who is Mr. Kolick, and also our Recording Secretary and

Representative from the Building Department need to be sworn in. If you would please

stand.

Mr. Kolick then stated the oath to those standing.

1) DAVE YANETTA, OWNER

a) Requesting a 138 SF Floor Area variance from Zoning Code Section 1252.15,

which permits a maximum 192 SF Floor Area and where a 330 SF Floor Area

is proposed in order to construct a BMX Bike Ramp;

b) Requesting a 2.5’ Side Yard Setback variance from Zoning Code Section

1252.15(a), which requires a minimum 5’ Side Yard Setback from the

property line and where a 2.5’ Side Yard Setback from the property line is

proposed in order to construct a BMX Bike Ramp; property located at 17117

Greenwood Drive PPN 393-35-064 zoned R1-75.

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1) DAVE YANETTA, OWNER, Cont’d

Dr. Goist – We have new applications and public hearings and our new applications will be

heard first. Our first new application is Dave Yanetta.

Mr. Yanetta – I am requesting a variance for a BMX ramp that my son built. When I was in

the other room I listened to a couple of concerns about safety issues. My son is basically the

only one that is going to use that ramp. It’s a pro ramp and he’s a pro rider. He does this

when he is home from college. The other concern was lighting. There’s no way they can

ride these things at night because the light creates shading and it’s unsafe. The third thing

that you had talked about was the ramp being too close to the neighbor. I brought my

neighbor with me this evening to say he has no problem with it. Actually he told me to build

it bigger. That’s all I have to say.

Dr. Goist – As you know or maybe you don’t know; did you build this without a permit?

Mr. Yanetta – Yes we did.

Dr. Goist – Someway this came back to the City. Everyone within 500 feet of your residence

will be notified for the next public hearing. I understand that you brought your neighbor and

he may be very much in favor of it, but you have a lot of people within 500 feet who may or

may not be in favor.

Mr. Yanetta – I’ve worked on enough of their homes that I’m pretty confident, but who

knows.

Dr. Goist – Let me also ask you on this side yard setback, what is your hardship or what is

your practical difficulty that you want to put it in this particular spot?

Mr. Yanetta – It is set on pavers so it’s removable. It’s set in such a way that you can’t see it

from any of the common ground in the back. The neighbors behind me cannot see it because

of the pine trees that I have along the back. That’s why it’s kind of off to the left a little bit if

you’re looking at it. None of the neighbors can see it across the common area. The only

ones that can really see it are my neighbor John and my opposite neighbor.

Dr. Goist – Since you’ve built this and since somebody has brought it to the attention of the

City and that’s why you’re here, my understanding was from our very brief discussion that

when you originally built it you pulled a permit, built it, but you put it in that common area.

Mr. Baldin – No that’s a different applicant.

Dr. Goist – I’m sorry, that’s a different one. These are new and we have not been out to see

the property. Do any of the Board members have questions?

Mr. Evans – Three questions. One is that you said that lighting cannot be effective in the

evening. Are you intending on lighting this?

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Mr. Yanetta – No. I can put lighting in but I wouldn’t do that because of the shadows that

lighting throws on this ramp for rider.

Mr. Evans – I just wanted to be sure that there was not going to be lighting on the facility.

Second question is, are any of the pictures that we were given actual pictures of the

structure?

Mr. Yanetta – That is a spec of how we built it. I do not have actual photos.

Mr. Evans – I just wanted to be sure. Third question that I wanted to ask is about noise and

that is on the unit are the ends covered because I’m assuming this is a bowl shape with the

ends coming up. Are the ends covered because noise would be one of the things that I would

be concerned about and if the ends are open then that noise is going to amplify.

Mr. Yanetta – It’s all enclosed. Its six inches off the ground to give air movement.

Mr. Evans – Is there any insulation under the surface to dampen the noise or anything?

Mr. Yanetta – No.

Mr. Evans – Because we will all be out to take a look at it but I just wanted to get those

questions out front. That’s all Mr. Chairman.

Mr. Harr – With regard to placement, is there, if you were to move the unit to where the two

and a half foot variance would not be required, if I’m looking at your map here correctly, that

would be kind of to the southeast. Is there anything topographically that prevents you from

doing that?

Mr. Yanetta – I’m not sure why moving it two feet to the southeast, I’m not following that.

Mr. Harr – The second variance request is to encroach into the side yard setback. That would

seem to indicate that you are two and a half feet too close to your side yard with the

placement.

Mr. Yanetta – That thing’s got to be eight to ten feet from the property line to my neighbor’s.

Is that what we’re talking about?

Mr. Baldin – Not according to the drawing.

Mr. Allen – I went out today and it was pretty close to his property line but again all I could

do was scale it off this particular drawing that he submitted.

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Dr. Goist – What we’re saying and what I think Mr. Harr is asking you is, if you didn’t have

it where you want to put it you may eliminate this variance. One of our situations here on

this Board is we’re here to give variances when they’re needed. But if they’re not needed

we’re not here to just hand them out. That variance stays with your property forever. Who

knows what the next person who buys your house might do. Even though its two and a half

feet for some reason you think you’re fifteen feet off the property line. There is a setback of

five feet, so we’re really talking about where you’re at from the setback.

Mr. Harr – So if you plan to and we can insure that the unit is placed at least five feet off of

the side yard then there’s no need for this item (b) and we can eliminate it. Side yard

encroachments with neighbors, we have to be careful with those because you’re basically

being allowed to put something closer to the property line than would ordinarily be

permitted. So if it’s your intent to not be within that five feet of the property line with the

unit this item (b) would not be needed.

Mr. Yanetta – Okay. Because of the slope of the yard, that is the flattest area. If I take it to

the right some more down from my steps, it really dives off.

Mr. Harr – I apologize because I have not yet seen your property and we try to have this

conversation first. It’s something to consider at least when you take a look at it. I’m

particular with side yard setbacks just because that really puts you right on top your

neighbor’s property with some of these items. The other questions that I have are the overall

height of the sides, what is that, do you know?

Mr. Yanetta – The height of the ramp is six feet. There is a forty-two inch rail above that.

So it’s right at ten feet if you count the rail.

Mr. Harr – And it’s a moveable structure on pavers?

Mr. Yanetta – Yes, on pavers.

Mr. Harr – So there’s no permanent footer. And, Mr. Allen, I’m assuming no permanent foot

required?

Mr. Allen – That’s correct.

Mr. Harr – Okay. And if you don’t have the unit placed where you intend to place it. . . Is it

in position right now?

Mr. Yanetta – Yes it is.

Mr. Harr – It is where you want to have it?

Mr. Yanetta – Yes.

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Mr. Harr – Okay. I will withhold any other questions until we get a chance to see the

property.

Mr. Baldin – Do I understand this correctly that you put this up without a permit?


Mr. Baldin – So you went ahead and did this, installed this, put it up without a permit and

you went against the Code, and you’re saying that your hardship is what? That you needed

to put this there?

Mr. Yanetta – I didn’t go into it blind. I went to our homeowners association and I got their

approval and that was as far as I went. I didn’t think this was really that big when my son

drew it up and it literally is as small as it can be for him to access speed to do what he does.

Mr. Baldin – According to the print that I have here, is this correct, its thirty three feet long

by ten feet wide.


Mr. Baldin – And the overall height is six feet with a forty two inch rail. That’s a pretty good

size structure. You’ve got a seventy five foot width lot, right. What else do you have in your

backyard?

Mr. Yanetta – A new deck that sits twenty five by twenty off the back of the house.

Mr. Baldin – Did you get a variance for that deck?

Mr. Yanetta – That deck was in when I bought the house.

Mr. Baldin – I have no further questions.

Mr. Harr – Just one other comment. I don’t know Mr. Yanetta if you’ve actually checked

your pins and where the actual line is. You might want to check that just to make sure. You

may be, in fact, outside that five foot requirement. We certainly don’t want to approve a

variance that’s not necessary. From a timing perspective, because this information has to go

out to the public, you would have to advise Ms. Zamrzla at the Building Department by

tomorrow. I don’t know if you know where your property line is. If you don’t that may be

just something we could check out the following week and make a decision then. It’s never a

problem to take a variance request off at the meeting. It’s better than adding one that hasn’t

been advertised.

Mr. Yanetta – I understand.

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Mr. Harr – Rather than get your neighbors fired up, if you don’t need it, there’s no sense in

having it on there.

Mr. Baldin – Is your yard wide open? Do you have a fence around your yard?

Mr. Yanetta – No fence.

Mr. Baldin – The property behind you is common ground?

Mr. Yanetta – Common ground. I have trees around the back of it between the deck ramp.

Mr. Baldin – Is your son the only one who uses this?

Mr. Yanetta – He has another pro rider. It’s rare.

Mr. Baldin – Did you say he’s away at college?

Mr. Yanetta – Yes, he goes to Cleveland State. By the time he gets home to go to work, he’s

got an hour. Brook Park is the closest BMX place that they go.

Dr. Goist – Your public hearing will be November 28, 2012 and we will see you back then.

Make sure you talk to all your neighbors and you do not have to stay for the rest of the

meeting.

Mr. Yanetta – Thank you.

2) DONALD DUWE, OWNER

Requesting a 7’ Setback variance from Zoning Code Section 1252.17 (c), which

requires a minimum 16’ Setback from the right-of-way and where a 9’ Setback from

the right-of-way is proposed in order to install a 6’ board-on-board vinyl fence;

property located at 17036 Bear Creek Lane PPN 397-12-104 zoned R1-75.

Dr. Goist – Our next new application is Donald Duwe. If you would come forward. I think

your neighbor wants to know why he’s not speaking. Tonight is not a public hearing, tonight

is just the new application, so we do not field questions from other people unless it’s the

public hearing. Okay, Mr. Duwe.

Mr. Duwe – Good evening. I have some papers here I want to pass out to you.

Dr. Goist – State your name and address first please.

Mr. Duwe – Donald Duwe, 17036 Bear Creek Lane.

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2) DONALD DUWE, OWNER, Cont’d

Dr. Goist – These papers will stay with the Board.

Mr. Duwe – Okay.

Dr. Goist – And again, I’m going to do as I did with the last applicant. If you will first of all

explain to us what you’re asking for and then I would like to know what your hardship is and

what your practical difficulty is for having to ask for the variance.

Mr. Duwe – What I want to do is request a variance. According to the ordinance for a corner

lot you have to have your fence sixteen feet from the sidewalk. Currently what we have right

now is a four foot fence that’s in place right now and it’s about eight feet from the sidewalk.

We want to replace it with a six foot privacy fence along the same pre-existing fence line.

There was a motor vehicle accident that came through out backyard and went through the

fence as well as took out our hedges that were permanently there at the time and we lost our

privacy by that accident that took out the hedges. We had to remove all the hedges and we

could not replace that section of the hedges that were taken away, so we had to remove them

all. Right now we have the four foot fence and we lost our privacy because of that. I am

requesting that we maintain that property line rather than it going in eight more feet to our

backyard and replacing that with a six foot privacy fence.

Dr. Goist – So you’re actually putting this fence further back?

Mr. Duwe – No, we want to put it on the same line as where it’s at right now.

Dr. Goist – It’s on the exact same line.

Mr. Duwe – We want to place the new fence on that same line.

Mr. Allen – His application shows it being nine feet from the public right-of-way which

would put it ten feet behind the existing walk. That’s what it shows on the application.

Dr. Goist – Did you understand?

Mr. Duwe – Yes. So instead of sixteen we’d be at ten. Is that correct?

Mr. Allen – Yes you would be ten feet behind the walk.

Mr. Duwe – So we still don’t meet the ordinance, so that’s why I’m here presenting this

variance. What you have in front of you is pictures of the police report that took place that

time as well as pictures of what the hedges looked like, what privacy we did have at that

time, at the time of the accident and then there are other pictures of the hedges removed and

at the last picture you have is a picture from our neighbor’s driveway directly behind us,

showing what an impact it would have on her coming out of her driveway. We also have a

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Mr. Duwe continues - letter from our neighbor saying that she does not object to us placing

the fence on the same line it’s at right now.

Dr. Goist – I think what I would like to ask you is by putting this, because it’s vinyl which

we like very much, it’s not going to deter the same kind of accident. Instead of going

through a four foot fence they’re going to go through a six foot fence. I guess our question

would be why do you have to be so close to the right-of-way?

Mr. Duwe – It’s not so much I have to be so close, I just don’t want to lose what I already

had. That’s my concern. I don’t want to have to go in more footage on my backyard and

lose that space.

Dr. Goist – The one thing that has happened recently is that City Council has relaxed the

regulations and you’re still outside that.

Mr. Duwe – I understand that.

Dr. Goist – It used to be much tougher and they made it easier for us, but you’re still asking

for something outside of that scope.

Mr. Duwe – That’s why I’m here.

Dr. Goist – And that’s your privilege. We’re here to say justify it.

Mr. Bohac – I’ll wait until I see it but the way it looks now I don’t have much of a problem

with it. I know he needs the variance but I see he’s got to cut some trees here that would

probably have to come down if we wanted him to move it in. He’s got the grass, the

sidewalk and then a good sized tree lawn.

Dr. Goist – Does anybody else on the Board have any questions?

Mr. Evans – We will need to ask for the CPTED officer to take a look at this because of the

driveway behind, even though the neighbor has said it doesn’t bother her, we should have an

official opinion on that. Mr. Duwe, how long have you lived there?

Mr. Duwe – About eight years.

Mr. Evans – First time there’s been an accident there?

Mr. Duwe – I’ve never seen something like this before.

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Mr. Evans – When you talked about the six foot privacy fence, one of the concerns that we

have is that we don’t want this to become like many of the inner suburban areas where six

foot stockade and six foot walls are erected. Did you give any thought to a board-on-board at

that height as opposed to the privacy fence?

Mr. Duwe – Do you mean the four foot or six foot board-on-board?

Mr. Evans – Six foot.

Mr. Duwe – We thought about it but we prefer to put the vinyl up.

Mr. Evans – You can get a vinyl board-on-board. The difference is that they’re offset so that

there’s air and it breaks it up a little bit rather than just being a sheet of plywood that’s up

there, which of course is vinyl and I understand that, but it’s a solid wall as opposed to board-

on-board which gives it a little bit of texture, definition, air movement and other things.

Mr. Duwe – I did not know that there was board-on-board vinyl.

Dr. Goist – Anybody else? Your public hearing will be November 28, 2012 and we’ll have

you back then.

3) SALVATORE MAIORANA, OWNER

Requesting a 5’ Rear Yard Setback variance from Zoning Code Section 1252.15,

which requires a minimum 5’ Rear Yard Setback and where a 0’ Rear Yard Setback

is proposed in order to move an existing shed; property located at 15630 Sassafras


Dr. Goist – Our third new application is Salvatore Maiorana. If you’ll give us your name and

address and then I’m going to ask you the same question, I’d like to know what your

hardship is or your practical difficulty and the reason you’re asking for this variance.

Mr. Russell – Mr. Chairman, if I may speak? My name is Peter Russell, I represent Mr.

Maiorana.

Dr. Goist – Speak into the microphone.

Mr. Russell – I’m Peter Russell. My office is at 10950 Pearl Road here in Strongsville. Mr.

Maiorana has asked that I speak on his behalf. Mr. Maiorana obtained the permit to put the

shed up and erroneously put it over the property line. I heard back in caucus some concern

about that. It’s a common property space behind. He was unaware because of the

topography that he actually made that mistake. It was an honest mistake; it’s not something

that he wanted to do. The difficulty that my client has is that topographically there’s really

nowhere else on the lawn he can place a shed, between flood plains, trees, swales, it’s really

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3) SALVATORE MAIORANA, OWNER, Cont’d

Mr. Russell continues - the only location he can put it which is right on the border, which is

what he’s asking for to move this existing shed to be right on the border. The area behind

him is a common area. We have a letter from the association saying that they are in

agreement with having this variance granted. My client at this time does do, with their

permission, some work back there in terms of maintaining the yard in the common space.

He’s been doing that with their permission for some time. If he had to do any kind of

maintenance to his shed, he’s already been given permission to do maintenance even further

deep in there. The difficulty he has, the hardship, is that he has a lot of lawn equipment for

taking care of this. He has a lot of different outdoor equipment that needs to be stored

somewhere so it’s not a public eyesore. His garage is a two car garage, therefore there’s not

adequate space for this there. He needs a shed in order to properly house this, which would

make the lawn look neater from both the street and the common area because he’d be

cleaning this up.

Dr. Goist – I understand everything that you’ve said. We have a difficulty and I particularly

have a difficulty with the fact that people do things, say oops I’m sorry, which is exactly

what you just said to me. Oops this was inadvertently done. You know, inadvertently or not

inadvertently, he pulled a permit, did he get a variance?

Mr. Russell – No he did not.

Dr. Goist – He did not get a variance. So he’s never had a variance for this shed, is this

correct?

Mr. Russell – That’s correct.

Mr. Maiorana – Just to point out one issue though with the property of mine to illustrate that

this was an innocent mistake. The common property that’s behind my property line is

divided between what would be raw land, if you will, and what is wooded area that abuts up

against the commercial properties off of Dow Circle on Sprague Road. My interpretation of

the property lines prior to all this happening was that the vacant land was mine because it

was landscaped and the previous homeowners that I inherited it from, to the naked eye you

wouldn’t know any better. I’ve always taken care of it with my own time, money, energy.

I’ve got bills to show for it as far as Trugreen Chemlawn, fertilizings to seedings to aerations

back there. The wooded area is where I had assumed, based on the way it was cutting

through, was more of what was the common area homeowners association, of which I also

have taken care of back there. But I thought that the raw land piece was my very own. That

is the realities of what happened. As Mr. Russell said, I’m kind of tied into where I can place

this. I had to sit with Tony at the Building Department about two weeks ago and he and I

went over a number of different areas on my property trying to figure out different locations

which could potentially work. There are a number of different issues with my property. On

the one side of my property line you’ve got a sewer easement that feeds into the common

area. So I can’t, nor would I ever want to put a structure over there. I’ve got a huge tree that

provides shade to myself and the neighbors back there. It’s the only tree that’s got a huge

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Mr. Maiorana continues - root system. The home is on a grade. On the other side of the

property line there’s a physical buffer to the commercial property for privacy back there, it’s

also used as a noise deterrent. I guess there’s a ton of issues with them violating the City’s

noise ordinance policy. It would be very foolish to take that down. When that buffer is up,

what is does is create a flood zone in the back of my property. When you’re in my property

all the way through pretty much July, in my backyard oftentimes you have to wear

waterproof boots back there. As I told Tony, my situation that I’m facing with this is that if I

don’t get the permit, I have a fundamental problem with the concept of not just figuratively

but literally, putting my shed, if I don’t get the permit, underwater, because that’s what my

yard looks like. Do you follow what I’m saying with that?

Dr. Goist – I need to see your property and I think all of us are going to see your property. I

certainly can understand what you said. You at least explained it to us why there is a

difficulty and you have taken the time to sit down with the Building Commissioner and talk

these things over.

Mr. Maiorana – As I told Tony, I just want this resolved. There’s nothing malicious on my

behalf. I’m trying to come up with a solution that works for all of us. My homeowners

association, if anything, is happy with the way I take care of that. I didn’t bill them one red

cent since I’ve owned my property, nor have I, when I went down and I’ve had to clean out

the main sewer pipe for the City that goes into the common area down there, I’ve never said

hey here’s a bill for the homeowners association or the City. I’m a good resident and a good

homeowner in my group. You follow what I’m saying? And you look at the topography of

my yard sitting on the grade that comes down; it’s just that my hands are really tied.

Dr. Goist – We’re not trying to beat up on you. We’re trying to work out a reasonable, if

there were a compromise, and it sounds like there may not be, but I just need an explanation.

It is so hard for us because no matter what you say, time after time after time, we have people

who build things and then come and ask forgiveness. I’ve been on this Board long enough

now, almost ten years, that sometimes you get tired of hearing oops I put it in the wrong

place. I understand your explanation, but it’s very difficult for us as a Board, and we hear it

every week, I mean every month.

Mr. Maiorana – I get that concept. I work with laws myself on a day in day out basis, and I

deal with individuals when I have to sit across the table and determine did this make sense

here or did it not. I respect that. I understand that position, but I don’t fall under that class.

Dr. Goist – We accept that and we’ll come and look at your property.

Mr. Maiorana – Thank you.

Dr. Goist – Any other questions from the Board?

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Mr. Harr – I would just like to check with the applicant, is the shed where it’s placed

presently, is it placed in this location or is it still in the common area?

Mr. Maiorana – The shed as it stands today was sitting in the common area, or it’s on the

border of this five foot variance that I’m in here applying for. When I talked to Tony, I’m

starting the variance process, one of my issues that I have is that the shed company has to

come out and I have to get them to move it, but if I don’t get the variance approved, as I told

Tony, I have to get the shed sold.

Mr. Harr – I perfectly understand that. I just asked that you then stake where you propose to

put it.

Mr. Maiorana – I did that.

Mr. Baldin – What else do you have in your backyard?

Mr. Maiorana – There is a deck that comes off the house that is roughly, if I had to guess, it’s

probably eighteen by thirty six, forty. It goes almost the entire length of the backside of the

home, so it’s very large. I’ve got a children’s swing set that my wife put up. Half of the year

it sits under the same flood waters and it’s not even usable. I’ve got the big tree and I’ve got

this huge buffer to the commercial development.

Mr. Baldin – What size is your shed?

Mr. Maiorana – It’s ten by twelve.

Mr. Baldin – Thank you.

Mr. Maiorana – The shed company has to come out regardless because of the storm damage.

Mr. Bohac – Are you the original homeowner?

Mr. Maiorana – No sir. I bought it as a foreclosed home.

Mr. Evans – Two quick questions. How long have you lived there?

Mr. Maiorana – Since 2007.

Mr. Evans – What is the height of the shed? You said it was ten by twelve. Do you know

what the height is?

Mr. Maiorana – It has six foot sidewalls so that would probably make it about ten feet.

Dr. Goist – Your public hearing will be November 28, 2012 and we’ll see you back then.

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Mr. Maiorana – Thank you very much for your time.

PUBLIC HEARINGS

4) FR STRONGSVILLE LLC/Edward J. Leader, Representative

Extension of the determination of October 19, 2011 of the Board of Zoning and


a) Requesting a 79’ Front Yard Parking Setback variance from Zoning

Code Section 1262.07 which requires a 100’ Front Yard Parking

Setback from the Sprague Road right-of-way and where a 21’ Front

Yard Parking Setback is proposed in order to install Additional

Parking Spaces;

b) Requesting a 41’ Side Yard Parking Setback variance from Zoning

Code Section 1262.07 which requires a 50’ Side Yard Parking Setback

from the Dow Circle right-of-way and where a 9’ Side Yard Parking

Setback is proposed in order to install Additional Parking Spaces;

c) Requesting a 5’ Side Yard Setback variance (West) from Zoning Code

Section 1262.07 which requires a 10’ Side Yard Setback (West) and where a

5’ Side Yard Setback (West) is proposed; property located at 14955 Sprague

Road PPN 395-12-001 Zoned Research and Development (RD).

Dr. Goist – Our first public hearing is FR Strongsville LLC, Edward Leader, representative.

If you will give us your name and address first.

Mr. Leader – Good evening. Edward J. Leader, 200 Public Square, Suite 3500, Cleveland,

Ohio.

Mr. Bohac – Excuse me, but he wasn’t sworn in.

Mr. Kolick swore in Mr. Leader.

Dr. Goist – I believe this is the fourth extension so we’re very familiar with this. What I

need to know from you is that every figure that’s on this agenda, which I hope you got a

chance to look at, is it exactly the way you want it. Because along with these figures we also

had to put some conditions on and I’m going to ask that those conditions that we had the

previous time be put on.

Mr. Leader – Mr. Evans raised that at our last meeting. I did review those conditions and

yes, we’re aware of those.

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4) FR STRONGSVILLE LLC/Edward J. Leader, Representative, Cont’d

Dr. Goist – You’re aware of those and you’re okay with those?

Mr. Leader – Yes. Give me fifteen seconds to review these so I’m making sure before I

consent to them. Mr. Chairman it looks correct.

Dr. Goist – It is a public hearing so I’m going to ask if there are any comments or if anybody

would like to speak for this variance. Is there anyone who would like to speak against the

variance? There are none so I’m going to ask the Board for a motion to approve.

Mr. Harr – Mr. Chairman, I would move that we approve the extension of the October 19,

2011 determination of BZA that requests a 79’ Front Yard Parking Setback variance from

Zoning Code Section 1262.07 which requires a 100’ Front Yard Parking Setback from the

Sprague Road right-of-way and where a 21’ Front Yard Parking Setback is proposed in order

to install Additional Parking Spaces; and a request for a 41’ Side Yard Parking Setback

variance from Zoning Code Section 1262.07 which requires a 50’ Side Yard Parking Setback

from the Dow Circle right-of-way and where a 9’ Side Yard Parking Setback is proposed in

order to install Additional Parking Spaces; and a request for a 5’ Side Yard Setback variance

(West) from Zoning Code Section 1262.07 which requires a 10’ Side Yard Setback (West)

and where a 5’ Side Yard Setback (West) is proposed; property located at 14955 Sprague

Road PPN 395-12-001 Zoned Research and Development (RD); subject to the agreement by

the applicant to add parking to the Dow Circle side of the parking lot prior to adding parking

to the Sprague Road side of the parking lot, be approved.

Mr. Baldin – Second the motion.

Dr. Goist – We have a motion and a second. Kathy would you please call the roll?

ROLL CALL: ALL AYES: MOTION CARRIED

5) MATT HOWELLS, OWNER

Extension of the determination of December 7, 2011 of the Board of Zoning and


Requesting a 7.67’ Front Yard Setback variance from Zoning Code Section 1252.04

(d) (1), which requires a minimum 100’ Front Yard Setback and where a 92.33’ Front

Yard Setback is proposed in order to extend a garage and porch roof; property

located at 13297 Blazey Trail PPN 398-27-022 zoned R1-75.

Dr. Goist – Our next public hearing is Matt Howells. If you will give us your name and

address and again this is another extension so we’ll go through the same procedures.

Mr. Howells – Matt Howells and I live at 13297 Blazey Trail, Strongsville, Ohio.

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5) MATT HOWELLS, OWNER, Cont’d

Dr. Goist – This is your second request.

Mr. Howells – This is my second time. Time flies when you’re having fun.

Dr. Goist – Are you ready to move forward?

Mr. Howells – I am this year. I’ve been ready to move forward however my schedule has not

been all that hot. I’ve been consulting a lot around the country and I’m doing this work

myself, just haven’t had the time.

Dr. Goist – I don’t have any questions. Again, it’s an extension of what was previously

given you and hopefully if we give you another extension you’ll be able to get it done.

Mr. Howells – I like seeing you guys, but hopefully I won’t have to visit here for this again.

Dr. Goist – Any other comments from any Board members? If not, this is a public hearing.

I’ll ask if there is anybody to speak for or against. There are none. I’ll entertain a motion to

approve.

Mr. Evans – Mr. Chairman, I’d like to move that we approve a request for a 7.67’ Front Yard

Setback variance from Zoning Code Section 1252.04 (d) (1), which requires a minimum 100’

Front Yard Setback and where a 92.33’ Front Yard Setback is proposed in order to extend a

garage and porch roof; property located at 13297 Blazey Trail PPN 398-27-022 zoned R1-75.

Mr. Bohac – Second the motion.

Dr. Goist – We have a motion and a second. Kathy would you call the roll please?


6) PETROS HOMES, Owner/Keith Hall, Representative

Requesting a 4’ variance from Zoning Code Section 1252.16 (d), which permits a

maximum 6’ encroachment into the required 30’ Rear Setback and where a 10’

encroachment into the required 30’ Rear Setback is proposed in order to construct a

Unenclosed Shelter; property located at 14341 Bentley Lane PPN 398-25-029 zoned

R1-100.

Dr. Goist – Our next public hearing is Petros Homes, Keith Hall. If you would give us your

name and address and just briefly summarize what your request is.

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6) PETROS HOMES, Owner/Keith Hall, Representative, Cont’d

Mr. Hall – My name is Keith Hall representing Petros Homes at 10474 Broadview Road,

Broadview Heights. Just requesting a four foot variance to put up a covered deck or an

unenclosed shelter in the backyard of a house over on Bentley Lane. There’s a steep drop off

back there.

Dr. Goist – I think we all are very familiar with the topography and uniqueness of these lots.

It’s a lovely area. So it’s just a matter of going through the motions here. Anybody else

have any comments? This is a public hearing and I’ll ask for any ayes or nays for this

variance. There are none so I’ll entertain a motion to approve.

Mr. Harr – I’ll make a motion to approve the request for a 4’ variance from Zoning Code

Section 1252.16 (d), which permits a maximum 6’ encroachment into the required 30’ Rear

Setback and where a 10’ encroachment into the required 30’ Rear Setback is proposed in

order to construct a Unenclosed Shelter; property located at 14341 Bentley Lane PPN 398-

25-029 zoned R1-100.


Dr. Goist – There’s a motion and a second. Kathy if you will call the roll please?


Dr. Goist – Your variance has been approved and there is a waiting period and the Building

Department will notify you when you may proceed.

Mr. Hall – Thank you.

7) DAVID HURD, OWNER

Requesting a 26’ Setback variance from Zoning Code Section 1252.04 (d) (2), which

requires a minimum 80’ Setback from the center line of Greenbrier Drive and where a

54’ Setback from the center line of Greenbrier Drive is proposed in order to construct

an Attached Garage; property located at 17163 Greenbrier Drive PPN 399-15-028

zoned R1-75.

Dr. Goist – The next public hearing is David Hurd. If you’ll come forward please.

Mr. Hurd – David Hurd at 17163 Greenbrier Drive. I am requesting a twenty six foot

setback variance for a two car attached garage.

Dr. Goist – I would assume almost everybody has been out. This is what several of your

neighbors have done.

Mr. Hurd – Yes, five.

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7) DAVID HURD, OWNER, Cont’d

Dr. Goist – Does anybody have any comments on this? If not, this is a public hearing. If

there is anyone who would like to speak for or against this variance? There are none. I will

entertain a motion to approve.

Mr. Evans – I’d like to move that we approve a request for a 26’ Setback variance from

Zoning Code Section 1252.04 (d) (2), which requires a minimum 80’ Setback from the center

line of Greenbrier Drive and where a 54’ Setback from the center line of Greenbrier Drive is

proposed in order to construct an Attached Garage; property located at 17163 Greenbrier



Dr. Goist – There is a motion and a second. Kathy will you call the roll please?


Dr. Goist – Your variance has been approved. There is a waiting period and then the

Building Department will get together with you and you can proceed from there.

8) ALFRED LANCE YOUNG, OWNER/New Creation Builders, Representative

a) Requesting an 85 SF Floor Area variance from Zoning Code Section 1252.22

(c), which permits a maximum 1,000 SF Floor Area and where a 1,085 SF

Floor Area is proposed in order to enlarge an existing Garage;

b) Requesting a 6’ Width variance from Zoning Code Section 1252.22 (d), which

permits a maximum 36’ Width and where a 42’ Width is proposed in order to

enlarge an existing Garage; property located at 10532 Hickory Place PPN

391-28-030 zoned R1-75.

Dr. Goist – Our last public hearing is Alfred Lance Young. If you will come forward and

give us your name and address.

Mr. Young – My name is Al Young, 10532 Hickory Place, Strongsville.

Dr. Goist – We know that there was some difficulty the last time. You didn’t quite make

ends meet at the time. We were here. We’re sorry you weren’t here. We know pretty much

what your variance request is. Would you like to explain it? I realize this is a public hearing

and there is no one in the audience, so if you would tell us what you want to do.

Mr. Young – What’s being requested is to extend an existing two car garage adding space for

another two cars. The lot as its set up accommodates moving out towards the west. Got a

problem if we end up going a tandem garage or moving back toward the house, is that there’s

windows and a utility room and a window in a kitchen that would completely be blocked off

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8) ALFRED LANCE YOUNG, OWNER/New Creation Builders, Representative,

Cont’d

Mr. Young continues - if we would go back to the south as opposed to moving out to the

west. Another point is that by going out farther than the thirty six feet, I think that the

addition will look the best; the roof line is going to fit in with the existing roof line of the

house. Accommodating the look for the neighborhood and I've had in fact, the neighbors

keep on asking me what’s wrong with your contractor that they’re not building the garage.

I’ve told them that we were having some issues with getting a variance from the Code to

build the garage.

Dr. Goist – If you’ll give us your name and address for the record please.

Ms. Vijay – Diane Vijay. I’m with New Creation Builders. My address is 6556 Queensway,

Brecksville. Since the last time I didn’t make it, we submitted revised plans per your request.

On that it will change the six foot width variance to a nine because it went from a twenty two

to a twenty five. If you look on the side elevation now it changed from twenty two to twenty

five so that everyone is on the same page, I just wanted to bring that to your attention.

Dr. Goist – So you’re under the requirement that the City requires so the first variance (a) can

be eliminated. You have no need for that. So therefore go ahead and discuss the second

variance. You’re still going to go to the same width, still going to go out the same distance.

Mr. Kolick – She said it’s nine foot.

Mr. Harr – The front elevation shows twenty two.

Mr. Evans – That’s probably the old plan.

Mr. Harr – No this is the new plan. The other one showed twenty five on the back. I got it, I

got it.

Dr. Goist – You’re dealing with some sharp pencils here.

Ms. Vijay – I’m sorry. There were two of them. We submitted a new one and that’s why I

think this wasn’t changed as the part we submitted a new one. So I wanted all the facts to be

correct.

Dr. Goist – I’m going to take one second because our Engineer and our representative from

the Building Department, Mr. Allen, has a slide rule that he knows how to use.

Ms. Vijay – I appreciate that he knows how to use a slide rule. If you look at the lot plan that

I submitted on the second page it is twenty two feet, twenty five wide.

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Cont’d

Mr. Allen – He doesn’t need a variance for the total square feet. He’s still under 1,000

square feet. The front is now going to be forty five feet, the proposed figure is forty five feet

and she is correct for the variance now.

Mr. Harr – Before we read it into the record we rather take a minute and be sure we’re right.

Ms. Vijay – I don’t mind. I was doing math real quick.

Dr. Goist – Any other comments? There is no one in the audience. I will entertain a motion.

Mr. Harr – I will make a motion that we approve a 9’ Width variance from Zoning Code

Section 1252.22 (d), which permits a maximum 36’ Width and where a 45’ Width is

proposed in order to enlarge an existing Garage; property located at 10532 Hickory Place

PPN 391-28-030 zoned R1-75.

Mr. Evans – Second.

Dr. Goist – Have a motion and a second. Kathy if you’ll call the roll.


Dr. Goist – Your variance has been approved and there is a waiting period which I know

when I was out talking to you, that you were not aware of, so the Building Department will

contact you and you can move forward.

Mr. Allen – Correct your plans.

Ms. Vijay – The new ones are correct.

Mr. Allen – Not the ones I have.

Ms. Vijay – May I offer you a corrected copy?

Mr. Allen – Yes.

Mr. Kolick – Just a question for the applicant. That concrete drive will still go up to all those

new doors, will it not?

Mr. Young – It will in the springtime.

Mr. Kolick – So part of your plans though is to extend the concrete then so you’d have a hard

surface going into the garage, right?

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Cont’d

Mr. Young – Yes. Until next spring because I had problems in the past with pouring in cold

weather.

Mr. Kolick – Our Building Department will work with you as far as getting it in. We

understand it could be weather driven and we don’t want the concrete to spall or anything

either, but just make sure your plans you submit to the City indicate that the driveway will be

extended at least across the doors and into the garage.

Mr. Allen – I’ll just make it part of this permit. You just pay $25.00 and you’re done and

you have a year to put it in.

Mr. Young – Okay.

Dr. Goist – I think Mr. Kolick was just making sure that all the t’s were crossed and i’s

dotted.

Ms. Vijay – That’s fine, we appreciate it.

Mr. Young – In fact, if anybody has been out, the whole drive way, all concrete is going to

be replaced in the springtime.

Ms. Vijay – I’d like to personally thank Frank over there for calming me down in the parking

lot last time. I was a bit hysterical.

Dr. Goist – We understand. Those things happen. We’ve had people who have gone to the

wrong building when we used to be in another facility.

Ms. Vijay – I’ve never missed a meeting.

Dr. Goist – If there’s no other business to come before this Board this evening, this meeting

is adjourned.

The meeting was adjourned at 8:50 p.m.

Signature on File Signature on File December 5, 2012

Dr. Goist, Chairman Kathryn A. Zamrzla, Sec’y Approval Date

caucus prior to strongsville board of … proposed in order to construct a bmx bike ramp; b)...

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