CITY OF AURORA OHIO BOARD OF ZONING APPEALS Meeting Minutes August 8, 2018

Transcription

1 CITY OF AURORA OHIO BOARD OF ZONING APPEALS Meeting Minutes August 8, 2018 The Aurora Board of Zoning Appeals met in a regularly scheduled meeting on Wednesday, August 8, 2018, in the Council Chambers of Aurora City Hall. The meeting was called to order at 6:30 p.m., by Chairman Terese Fennell. ROLL CALL: Present: Also Present: Tony Gramm Jeff Iammarino Bernard McCarrell, Vice Chairman Tom Carr Terese Fennell, Chairman Matt Vazzana, Legal Advisor Denise Januska, Director, Planning, Zoning & Building Division Jack Burge, Director, Economic & Entrepreneurial Development Marie Lawrie, Clerk Christine Gruttadauria, Secretary Mr. Vazzana swore in those in attendance who wished to speak this evening. AMMENDMENT TO AGENDA: Motion: To accept the submission of two letters regarding the Page Rd. variance. Mr. Gramm moved; Mr. Iammarino seconded, the motion carried on a 5-0 roll call vote. Yeas: Mr. Gramm, Mr. Iammarino, Mr. Carr, Mr. McCarrell, Ms. Fennell Nays: APPROVAL OF MINUTES: Motion: To approve the meeting minutes of May 9, 2018, as submitted. Mr. Carr moved; Mr. Iammarino seconded and the motion carried on a 3-0-2, roll call vote. Yeas: Mr. Carr, Mr. Iammarino, Mr. Gramm Nays: Abstentions: Ms. Fennell, Mr. McCarrell APPROVAL OF MINUTES: Motion: To approve the meeting minutes of June 13, 2018, as submitted. Mr. McCarrell moved; Mr. Carr seconded and the motion carried on a roll call vote. Yeas: Mr. McCarrell, Mr. Carr, Ms. Fennell, Mr. Iammarino

2 City of Aurora Meeting Minutes Nays: Abstentions: Mr. Gramm APPROVAL OF MINUTES: Motion: To approve the meeting minutes of July 11, 2018, as submitted. Mr. Gramm moved; Mr. Iammarino seconded the motion carried on a roll call vote. Yeas: Mr. Gramm, Mr. Iammarino, Mr. McCarrell Nays: Abstentions: Ms. Fennell, and Mr. McCarrell OLD BUSINESS: Motion: To remove 1039 Page Rd. from the table. Mr. McCarrell moved; Mr. Gramm seconded, the motion carried on a 5-0 roll call vote. Yeas: Mr. McCarrell, Mr. Gramm, Mr. Carr, Mr. Iammarino, Ms. Fennell Nays: Agenda Items: JEREMY METZGER, 1039 PAGE RD ( ) - VARIANCE FOR MINIMUM FRONTAGE OF A LOT AND BUILDING FRONTAGE SETBACK ( ) Jeremy Metzger of 1039 Page Road, Aurora was on hand to answer questions. Mr. Metzger provided a summary of his variance request. Mr. Metzger states he owns two lots on the property. Mr. Metzger will refer to the lots as North and South, to minimize confusion. Mr. Metzger is requesting a variance for lot frontage. His second lot, the South lot, is the parcel that lacks frontage. Mr. Metzger states the North lot fully conforms to R-1 zoning regulations. Mr. Metzger proposes to increase the South lot to 2.88 acres keeping the 50ft of existing frontage. The frontage will be used for access to the South lot. Mr. Metzger states he has been in contact with both Portage County for septic and Dominion Gas. Mr. Metzger states that both have approved his plans. Mr. Metzger states he prepared a drawing detailing the location of the proposed new construction on the South lot. The drawing includes measurements to existing structures. Mr. Metzger gave a brief history of his time in Aurora with his family and detailed his dream to build a home in Aurora. The applicant stated he was aware he would need a variance, but he states he did some research to come up with a plan that was feasible should his variance be granted. Ms. Fennell clarified if the second lot was already purchased. Ms. Fennell asked for clarification of his plan to keep both lots separate. Ms. Fennell also inquired if he ever considered demolishing the existing home? Mr. Metzger replied that he had no plans of demolishing the existing home and will plan to sell the home when the new structure is completed. Mr. Metzger clarified the driveway to the second house would not require an

3 City of Aurora Meeting Minutes easement and each would have a separate driveway. Mr. Gramm asked for additional clarification of the driveway situation. Mr. Metzger replied that he can create two driveways and avoid having shared access to the existing driveway. Mr. Iammarino was questioning the history of the South lot as it relates to the City of Aurora. Ms. Fennell asks if there is any way to configure a house on the South lot within the frontage requirements. The applicant explained that there is not enough frontage between the two existing lots to create side by side 150 foot frontage lots. At this time Ms. Fennell requested to see the drawing. It was determined the board would have to vote to accept the drawing. Motion: To accept the supplemental document showing the proposed new structure and measurements to existing structures. Mr. Gramm moved; Mr. Iammarino seconded, the motion carried, on a 5-0 roll call vote. Yeas: Mr. Gramm, Mr. Iammarino, Ms. Fennell, Mr. Carr, Mr. McCarrell. The document was explained by the applicant. The information was obtained from the Portage County website. Mr. Carr questioned the utilities easement shown on the drawing. The applicant states he has approval from the gas company to cross the easement. Mr. McCarrell was seeking an update as to any communication with the existing neighbors. The applicant states that the neighbors are nice people, but he has not been able to persuade them to support his application. Ms. Fennell questioned sightlines of the proposed home to the existing neighbors. The Doyle s are to the South, the proposed home is about 300 feet away. The Bests are to the North and the distance is approximately 500 feet. The Existing home is about 450 feet from the proposed home. Mr. Carr clarified that the applicant could build a home with no variance, in any location, if there was no existing home. Ms. Januska verified that the applicant would not be subject to any variances, providing, the current zoning codes and setback requirements were met. The home could be placed in any location as long as the R1 zoning guidelines were observed. Mr. Iammarino questioned what the applicant would do if his variance request was denied. Mr. Metzger states he has not thought that far ahead. Mr. McCarrell commented on the existing trees and commented regarding taking trees down during the building process. Mr. Metzger reiterated his desire to build on a wooded lot and stated he would be removing as few trees as possible. The chairman opened the floor for public comment. Marsha Doyle, 1051 Page Road, Aurora, Ohio was present to make comment. She stated that she shares a common property line with the applicant. She further stated that her investment has been protected by the zoning codes for 25 years. She was not in favor of the variance. Ms. Doyle states that there is no compelling reason to grant the variance. Ms. Fennell asked how the proposed variance would directly affect Ms. Doyle and her property. Ms. Doyle responded that her home was placed in its current location because of the existing codes. Ms. Doyle states that she will be able to see the house,

4 City of Aurora Meeting Minutes and is concerned about the loss of trees. Ms. Doyle states that she was not aware that the adjoining lot could be split. Ms. Doyle states she is aware that the applicant can do what he likes and place the proposed home anywhere on the lot if he should decide to remove the existing home. Greg Best, 1007 Page Road, Aurora, Ohio was present to make comment. Mr. Best states he lives to the North of the applicant s property. Mr. Best states he previously owned 987 Page Rd. The parcel was recently sold. Mr. Best states he did not combine lots because he did not want to change the character of the neighborhood. Mr. Best states that he recently met Mr. Metzger at the July meeting. He also states that he knew the previous owners of the property. Mr. Best expressed an understanding of the proposed plans, but continues to oppose the variance. Mr. Best is concerned regarding the impact of lights from the driveway. Ms. Fennell reiterated the proposition of Mr. Metzger removing the existing home and building wherever he wants. Mr. Best indicated he understood. Mr. Best states he is concerned over the prospect of two houses occupying the lot. The applicant returned to podium. He stated that he understands the concerns of his neighbors, and gave assurances that only one house would be added to the newly created lot. Hearing no further public comment, the chairman closed public comment. The Chairman opened the discussion to the board. It was agreed that the variances would be discussed together and voted on separately. Mr. Iammarino began the discussion and asked if it was feasible to create a landlocked parcel. Ms. Januska clarified that the city would not support a landlocked parcel and the applicant would have to appear for a separate variance for an easement. Questions were asked about septic, Ms. Januska noted that the city is not responsible for septic. Ms. Fennell commented that she was concerned that the applicant can build where he wants if he was to tear down the existing house, she further commented that it would be a financial hardship and does not believe the variance to be substantial. Mr. McCarrell asked for clarification of the city s position on flag lots. Ms. Januska replied that the city does not speak specifically to flag lots, but to setbacks. Mr. Gramm agreed with the points that were raised by the other members, and stated that he did not believe the variance was substantial. Mr. Vazzana presented the variance for the members to vote upon. MOTION: To grant the variance to allow a lot with a frontage of 50 feet. Mr. Carr moved; Mr. McCarrell seconded, and the motion carried, 3-2, on a roll call vote. Yeas: Mr. Carr, Mr. Gramm, Ms. Fennell Nays: Mr.McCarrell, Mr. Iammarino

5 City of Aurora Meeting Minutes MOTION: To grant the variance to allow a lot with a frontage of 50 feet to extend to the front building setback line. Mr. Gramm moved; Mr. Carr seconded, and the motion carried on a 3-2 roll call vote. Yeas: Mr. Gramm, Ms. Fennell, Mr. Carr Nays: Mr. Iammarino, Mr. McCarrell TRELLEBORG/BRILLIANT ELECTRIC SIGN COMPANY 285 LENA DRIVE SIGN SIZE DIRECTIONAL SIGN A AND B Bob Kunzen of Brilliant Electric Sign Company, 4811 Van Epps Rd., Cleveland, was on hand to present the variance. Mr. Kunzen on behalf of Trelleborg is seeking a variance for oversized directional signs. Mr. Kunzen states both directional signs are identical, and will be placed at both entrances. Mr. Kunzen states that the signs will be placed at the proper setback and will not interfere with the stop signs. Ms. Fennell enquired if the larger signs will be helpful to semi-truck drivers. Mr. McCarrell clarified the height of the signs, at 4 feet not 8 feet. Mr. Kunzen stated that yes the truck drivers will benefit from larger signage. He also stated that the 8 foot measurement is in reference to total square footage, not the height of the individual sign. Mr. Kunzen is also requesting a variance for a wall sign. Mr. Kunzen states he is aware the maximum square footage allowed is 64 square feet. Mr. Kunzen is requesting 96 square feet. Mr. Kunzen states the variance is needed to be in proportion with the large Trelleborg building. Mr. Kunzen prepared a supplemental document to further demonstrate the need for a larger sign. The chairman asked for a motion to accept the supplemental document. Motion: To accept the supplemental document highlighting the proposed signage in relation to the existing building. Mr. Gramm moved; Ms. Fennell seconded and the motion carried on a 5-0 roll call vote. Yeas: Mr. Gramm, Ms. Fennell, Mr. Carr, Mr. Iammarino, Mr. McCarrell Mr. Kunzen states the existing building has 425 feet of frontage and stated the variance request for the larger sign was fair. Smith McKee of Trelleborg, 285 Lena Drive confirmed the entrance locations, specifically the main entrance. The chairman opened the floor for public comment. There was no one present to offer comment. Hearing no public comment, the chairman closed public comment. The Chairman opened the discussion to the Board. The Board discussed the variance. Ms. Fennell noted that the proposed wall sign seemed proportional and did not seem substantial. She further noted that as the building was in the industrial district the wall sign would not be a bother to residents. Ms. Fennell commented that the proposed directional signs A & B seemed helpful, especially for emergency response vehicles, semi-trucks, and visitors. She stated the variance did not seem substantial. Mr. McCarrell stated he

6 City of Aurora Meeting Minutes had visited the property and stated his agreement with the chairman s remarks. Mr. Vazzana presented the variance for the members to vote on. Motion: To grant a variance for a 96 square foot wall sign at the property located at 285 Lena Drive. Mr. Gramm motioned; Mr. Iammarino seconded, the motion carried on a 5-0 roll call vote. Yeas: Mr. Gramm, Mr. Iammarino, Ms. Fennell, Mr. Carr, Mr. McCarrell Motion: To grant a variance for two directional signs, each 12 square feet in size, at 285 Lena Drive. Mr. Iammarino motioned; Mr. Gramm seconded, the motion carried on 5-0 roll call vote. Yeas: Mr. Iammarino, Mr. Gramm, Ms. Fennell, Mr. Carr, Mr. McCarrell GLORIA DONNELLY 195 LAKELAND WAY SIDEYARD SETBACK VARIANCE TO ACCOMODATE DECK STEPS Jim Yarmus of Yardman s Home Services, 610 Golden Oak Pkwy., Oakwood Village, OH was on hand to present the variance and answer questions. Mr. Yarmus stated that he was not aware that the city prohibits any construction in or over a bio swale. Mr. Yarmus states the bio swale in the applicant s backyard prevents steps off the back of the proposed deck. Mr. Yarmus is proposing a variance for steps off the left side of the deck. Mr. Yarmus states without the stairs on the deck the only way out of the house would be through the front door. Mr. Gramm questions why the stairs could not be constructed to the right of the deck? Mr. Yarmus replied and stated the bio swale would interfere with the steps on the right side. Mr. Yarmus referenced the plot plan and clarified the location of the back of the house as well as the deck and existing bio swale. Mr. McCarrell mentioned, the property at 205 Lakeland Way is vacant, preventing that neighbor from consenting to the encroachment of the stairs. Ms. Fennell asks if the steps could be built off the back if the deck was made smaller. Mr. Yarmus stated it would not be possible due to building regulations and handrail requirements. Mr. Yarmus further stated that a smaller deck would prevent the homeowner from utilizing the deck to its fullest potential. Mr. Carr asked the representative if there is a Homeowners association and if they have granted approval for the proposed deck plan? Mr. Yarmus states the application has been submitted to the HOA, but they are waiting for a judgement from the board before issuing their approval. Ms. Januska stated she received a letter from the developer of the Forest Ridge subdivision, via that she requested to read into the record. Motion: To accept the supplemental letter from the developer of the Forest Ridge Subdivision, received via , and read into the record by Denise Januska, Director of the Planning, Zoning, and Building Department.

7 City of Aurora Meeting Minutes Mr. Iammarino moved; Ms. Fennell seconded, the motion carried on a 5-0 roll call vote Yeas: Mr. Iammarino, Ms. Fennell, Mr. Carr, Mr. Gramm, Mr. McCarrell Mr. McCarrell asked for clarification as to when the letter was received. Ms. Fennell stated concerns regarding the closeness of the properties as well as the lack of neighbors to offer support. Mr. Yarmus restated the need for steps as a safety concern in the event that she should need a rear escape. Ms. Fennell clarified that the applicant could build steps from the back door for egress without a deck, or a smaller deck could be built. Mr. Yarmus stated both those options were viable. Mr. Yarmus further stated that the applicant was promised by Ryan Homes that she could have a deck. Gloria Donnelly of 195 Lakeland Way, Aurora was present to make comments and answer questions regarding the variance. Ms. Donnelly states that the yard and deck were her primary concerns when selecting a lot. Ms. Donnelly states at the time she signed her contract it was not clear where the bio swale would be located. Ms. Donnelly states she has the support of her neighbors. Ms. Fennell asked if the applicant had ever considered a patio. Ms. Fennell also stated that nothing had been submitted in writing from the neighbors. Mr. McCarrell stated that he felt sympathy for the applicant, but questioned why Ms. Donnelly consented to buy her lot. Ms. Donnelly stated that her ranch style house is deeper and takes up more property than a two-story home. Mr. Carr stated that he would have liked to see written support from the neighbors, or something from the HOA stating that if the neighbors approve, the board would approve. Mr. Carr would also like to see information from Ryan Homes stating the applicant was promised a deck. Ms. Fennell suggested tabling the variance until the applicant could gather support from neighbors and the HOA. It was suggested by Mr. Gramm that the applicant also get support from Ryan Homes. Mr. McCarrell agreed. Ms. Donnelly and Mr. Yarmus agreed to that suggestion. Motion: To postpone the 195 Lakeland Way variance request. Mr. Carr moved; Mr. Iammarino seconded, the motion carried on a 5-0 roll call vote. Yeas: Mr. Carr, Mr. Iammarino, Ms. Fennell, Mr. Gramm, Mr. McCarrell TIMOTHY SWANDA/CAROLYN SENDRY 200 HANES ROAD ACCESSORY STRUCTURE SIZE Tim Swanda of 897 Brandon Circle, Aurora, was at the meeting to present the variance and answer questions. Mr. Swanda states he did not know he needed a variance for setback. He stated he was only requesting a variance for size. It was explained to the applicant by Ms. Lawrie that after the project was reviewed for zoning the variance for setback was necessary. Ms. Fennell clarified that as long as both variances were advertised to the public, they could be discussed. Ms. Lawrie confirmed the

8 City of Aurora Meeting Minutes advertisements. Ms. Fennell questioned the applicant as to why he chose the specific location as well as the need for the larger size. Mr. Sendry replied by stating that the structure would frame the backyard, and incorporate an existing flower garden. He further stated that after review of his needs, he determined the appropriate size. Mr. Sendry stated that if he built a four foot connection and attached the current garage he would not need a variance. Ms. Fennell asked what he proposed to do with the space. Mr. Swanda stated he would be using the space for personal use and had no intention of running a business from the proposed structure. Mr. Carr asked for clarification as to what constitutes an attached garage. Ms. Lawrie explained that the connection has to be living space and heated. Mr. Vazzana further clarified that a shared beam would not alone constitute an attachment. Ms. Fennell questioned the applicant regarding the maintenance of the lot. Mr. Swanda stated that he has already started clean up by removing some dead and fallen trees and cutting grass. Ms. Fennell also asked if the applicant had made any changes to the address or the driveway location. The applicant stated he put up a mail box, nothing more. Mr. Swanda confirmed that he will make the Hanes road property his primary residence when his current house sells. He also reiterated that he has no intention of running a business from the location. Mr. Gramm questioned if it would be possible to move the structure to the other side of the property. Mr. Carr questioned the location of the driveway. Mr. Swanda states he is unsure at this time what his plan for the driveway will be. Mr. Carr states, now is the time to disclose the location of the driveway. Ms. Januska clarified that each parcel is permitted two curb cuts. Mr. Carrell asked for clarification of the total square footage and if the current covered porch is included. Ms. Januska stated that the porch is included and each parcel is allowed two accessory structures, totaling 2000 square feet. The chairman opened the floor for public comment. Debbie Ondrejka of 389 Jackson Road addressed the committee with her concerns. Ms. Ondrejka states she is concerned regarding the number of outbuildings as they relate to the size of the house. Ms. Ondrejka also expresses concern over the driveway location. Ms. Ondrejka looked at the plans that were submitted to the board. Ms. Fennell explained the variance request and indicated the driveway location was not indicated on any plans. Ms. Ondrejka stated that previous owners had changed the driveway location without a permit. Ms. Fennell also clarified that the applicant could build a bigger structure if he connects the existing structure to the house. Dan Hamilton of 300 Jackson Road, Aurora, commented on the history of the neighborhood. Mr. Hamilton is concerned about accessory structures making it difficult to sell properties and they then fall into foreclosure. Mr. Hamilton is concerned about the devaluation of properties in the neighborhood. Ms. Fennell explained the square footage and asked if Mr. Hamilton was opposed to the proposed structure. Mr. McCarrell stated that the neighbor directly across the street was in favor of the project. Ms. Fennell asked the applicant to return to the podium for further questions regarding the second variance.

9 City of Aurora Meeting Minutes TIMOTHY SWANDA/CAROLYN SENDRY 200 HANES ROAD ACCESSORY STRUCTURE SETBACK VARIANCE Tim Swanda of 897 Brandon Circle, Aurora, was available to discuss the variance and answer questions. Ms. Fennell states the Board is aware that the applicant did not know he needed a setback variance. Ms. Fennell asks if it is possible to move the structure so that it is within the hundred feet. Mr. Iammarino asks if the applicant had known at the time of the submission of the variance that he needed a setback would he have changed the location. Mr. Swanda replied that he would not have moved the location because of the incorporation of the flower bed. Mr. Carr questioned the applicant regarding the finishes of the proposed structure. Mr. Swanda stated the new building will not be constructed of stone like the existing house, but will consist of vertical siding and shake shingles, giving it a rustic impression. Mr. Carr asked if the variance was turned down would the applicant decrease the size of the proposed building. Mr. Swanda stated he would look into attaching the existing garage to the house and continue with his plans for the proposed structure. The Chairman opened the discussion to the board. Mr. Iammarino stated that he did not think the variances were substantial nor would they adversely affect the neighborhood. Ms. Fennell agreed, but is concerned that without the variance the applicant could build a larger structure if he attaches the existing structure to the house. Mr. Carr questioned if the applicant had to present his project to the Architectural Board of Review. Ms. Lawrie confirmed the applicant attended the July 26 th meeting and was approved. Mr. McCarrell questioned the driveway placement and asked if there were any amendments that could be included with the variance. Mr. Vazzana stated from a legal standpoint that the Board could not speak to that issue. The applicant is allowed two curb cuts as a right. Mr. McCarrell asks the board if any other members share his concern. Ms. Fennell states that there was already an existing driveway at one point. Ms. Januska states that the applicant would need a Right of Way permit, and would have to be three feet from the property line. Mr. Vazzana presented the variance for the members to vote on. Motion: To grant a variance to allow 2,464 square feet of accessory structure. Mr. Gramm motioned; Mr. Carr seconded, the motion carried on a 5-0 roll call vote. Yeas: Mr. Gramm, Mr. Carr, Ms. Fennell, Mr. Iammarino, Mr. McCarrell Motion: To grant a variance allowing an accessory structure on a corner lot with an 80 foot front setback. Mr. Iammarino motioned; Mr. Gramm seconded, the motion carried on a 5-0 roll call vote. Yeas: Mr. Iammarino, Mr. Gramm, Ms. Fennell, Mr. Iammarino, Mr. McCarrell

10 City of Aurora Meeting Minutes MISCELLANEOUS: ADJOURNMENT: MOTION: To Adjourn the meeting at 8:24 p.m. Mr. Gramm moved for approval; Ms. Fennell seconded, and the motion carried, on a unanimous voice vote. Terese Fennell, Chairman Christine Gruttadauria Secretary Pro Tem