CITY OF AURORA OHIO BOARD OF ZONING APPEALS Meeting Minutes July 8, 2015 The Aurora Board of Zoning Appeals met in a regularly scheduled meeting Wednesday, July 8, 2015 in the Council Chambers at City Hall. The meeting was called to order at 6:59 p.m. by Chairman Terese Fennell. ROLL CALL: Present: Tom Carr, Alternate Member Terese Fennell, Chairman Jeff Iammarino Tony Gramm Bernard McCarrell, Vice Chairman Tim Novotny Also Present: Dean DePiero, Law Director Meredith Davis, Asst. Director Planning, Zoning, Building Division Marie Lawrie, Clerk DECLARATION OF OATH: Mr. DePiero swore in those that planned to speak. AMENDMENTS TO THE AGENDA: There was a late submission from Jim Marzullo and Theresa Benyo of 290 W. Jackson Road in favor of the variance for Wes and Mindy Rogge of 339 Jackson Road. To accept the letter for consideration Mr. Iammarino moved for approval; Mr. Gramm seconded, and the motion carried 5-0 on a roll call Yeas: Mr. Iammarino, Mr. Gramm, Mr. McCarrell, Mr. Novotny, Ms. Fennell
City of Aurora - 2 - Meeting Minutes APPROVAL OF MINUTES: To approve the minutes of the June 10, 2015 work session meeting. Mr. McCarrell moved for approval; Ms. Fennell seconded, and the motion carried 3-0-2 on a roll call Yeas: Mr. McCarrell, Ms. Fennell, Mr. Novotny Abstentions: Mr. Gramm, Mr. Iammarino To approve the minutes of the June 10, 2015 regularly scheduled meeting. Mr. Gramm moved for approval; Mr. Novotny seconded, and the motion carried 4-0-1 on a roll call Yeas: Mr. Gramm, Mr. Novotny, Mr. McCarrell, Ms. Fennell Abstentions: Mr. Iammarino OLD BUSINESS: MIKHAIL CHEBOTAR, 880 ROCK CREEK DR (1505007) 5 (FIVE) FOOT FENCE WHERE A 4 (FOUR) FENCE IS ALLOWED. TABLED 06-10-2015. No one was present to represent this item. An email was received from the Hawthorn of Aurora Homeowners Association that states that Mr. Chebotar has decided to put up a 4 (four) foot fence which does not require a variance. The building department has issued a permit to the applicant. To remove this item from the table and the agenda Mr. McCarrell moved for approval; Mr. Iammarino seconded, and the motion carried 4-0-1 on a roll call Yeas: Nays: Abstentions: Mr. McCarrell, Mr. Iammarino, Mr. Gramm, Ms. Fennell None Mr. Novotny
City of Aurora - 3 - Meeting Minutes NEW BUSINESS: JULIUS & SARAH SORMA, S/L 55 HURD RD (1505011) 13 (THIRTEEN) FOOT SIDE YARD SETBACKS FOR A NEW RESIDENCE. Julius Sorma, property owner was in attendance to answer questions. He was seeking a variance to erect a 2433 square foot two-story house on a non-conforming lot. The required side yard setback is 15 feet. The lot is not square, it resembles a pie shape. It is a challenge on this lot to build a home that meets all the required setbacks. His plan meets the front yard, rear yard, and frontage requirements. He recently received his stamped topography map of the property. He is now asking for a 2 foot 6 inch variance on each side yard setback. It was questioned whether the board could hear this request and vote on it due to the additional 6 inches requested from the topography map. It was the opinion of the Law Director that the additional inches needed were not substantial. The request was advertised making the neighbors and public aware that a variance would be sought. It would be the board s right to move forward with the variance request. The neighbors on the affected sides submitted letters in favor of the approximate 2 foot variance that would be needed. Ms. Fennell felt that the applicant met all the additional perimeters and it was not feasible to do anything else with the lot if a house isn t erected on it. Mr. Gramm agreed. He also felt it would enhance the neighborhood to erect a home on the property. Mr. Iammarino felt the requested variance was not substantial. Mr. McCarrell and Mr. Novotny considered the checklist and did not find any substantial reasons to deny the variance. Mr. Gramm moved for approval; Mr. Iammarino seconded, and the motion carried, 5-0, on a roll call Yeas: Mr. Gramm, Mr. Iammarino, Mr. McCarrell, Mr. Novotny, Ms. Fennell WARD AKINS, 845 HILLIARY LN (1506013) 74 (SEVENTY FOUR) FEET FROM A DEVELOPMENT BOUNDARY SETBACK FOR AN ADDITION. Ward Akins, homeowner was present to explain his request. Mr. Akins purchased his condo with intent to erect a screened porch. He had a similar porch on his previous home and was looking for an additional 12 inches of space. He has family members with walkers and doesn t want to crowd the room. He stated that other condos have an additional breakfast room in this same space. Ms. Fennell asked if the applicant had any conversation with the builder about the development boundary setback. The applicant did not realize his condo was subject to this setback when he purchased it. It was confirmed that the applicant could build a paver patio without footers without a permit. This option was presented to the applicant. He was not interested in a patio. He purchased his condo believing that this location had enough buildable space to erect a screened porch. He stated that he received a verbal approval from Barnett Management for his project. He did not have a letter confirming this. He was unaware he would need
City of Aurora - 4 - Meeting Minutes such a letter. The board is in agreement that they would like to be consistent and would like to have a letter of approval from the homeowner s association. Mr. Novotny asked if the applicant signed a form with the builder that indicates the existence of the setback. The form was signed, but the wording describing the setback may not have been clear. Mr. Akins was asked to request a letter of approval from the Villas of Bertram and return to the next meeting. To table the variance request Mr. Gramm moved; Mr. Iammarino seconded, and the motion carried, 5-0, on a roll call Yeas: Mr. Gramm, Mr. Iammarino, Mr. McCarrell, Mr. Novotny, Ms. Fennell WES & MINDY ROGGE, 339 JACKSON RD (1506012) 46 (FORTY-SIX) FOOT SIDE YARD SETBACK FOR AN ADDITION. Mindy Rogge was in attendance to explain her variance request. Her home was built in the 1970 s with a single car garage which they currently use as a storage area. Their family is in need of a two car garage. The applicant was asked if she would be adding onto the existing garage and she informed the board that they would be extending the home and adding a two car garage. Ms. Rogge had a letter from the neighbors at 290 Jackson Road which is next door to the property in favor of the variance. Also in attendance to speak in favor of the variance were the neighbors directly across the street, Peter and Vierra Bernat of 310 Jackson Rd. The applicant stated that they could build a detached garage, but it would have to be erected in the front yard requiring a variance. They could orient the garage to be a front loading garage, but that would require the driveway to be rerouted. Ms. Fennell felt that the four foot variance is less substantial than putting a detached garage in the front yard. She also felt that the essential character of the neighborhood would not be altered considering that they are adding this to the shape of their house. She felt adding a garage to the front yard would, in fact, alter the neighborhood. Others board members agreed. Mr. McCarrell considered the variance checklist and felt there was no reason to deny the request. Mr. Gramm moved; Mr. McCarrell seconded, and the motion carried, 5-0, on a roll call Yeas: Mr. Gramm, Mr. McCarrell, Mr. Iammarino, Mr. Novotny, Ms. Fennell
City of Aurora - 5 - Meeting Minutes LARRY SHELDON, 887 E GARFIELD RD (1506014) ACCESSORY STRUCTURE IN A FRONT YARD Larry Sheldon was in attendance seeking a variance to erect a 40 x 60 outbuilding in the front yard of his property. He stated that there is no place behind his house that this structure can go due to the nature preserve and beaver dam. Mr. Sheldon presented a photograph of his property taken from the street. His property was heavily wooded with tall plants making it impossible to see any structures on the lot from the road. The proposed placement of the structure represents the only level building location on the property. Mr. McCarrell asked what Mr. Sheldon would be storing in this building. This building would be housing a truck and trailer, a backhoe, a train and a car collection. Mr. Novotny walked the property and agreed that the structure cannot be placed behind the house. Ms. Fennell felt that due to the distance the structure sits from the road, the essential character of the neighborhood would not be altered. Mr. Iammarino agreed and further stated he did not feel the applicant had many other location options. Mr. Novotny moved; Mr. Gramm seconded, and the motion carried, 5-0, on a roll call Yeas: Mr. Novotny, Mr. Gramm, Mr. Iammarino, Mr. McCarrell, Ms. Fennell MISCELLANEOUS: None ADJOURNMENT: To adjourn the meeting Mr. McCarrell moved to adjourn at 7:38 p.m. Mr. Gramm seconded, and the motion carried on a unanimous voice Terese Fennell - Chairman Marie Lawrie - Clerk