Civil War Timeline.

VILLAGE OF CHAGRIN FALLS
BOARD OF ZONING APPEALS
July 27, 2010

Members present: Fricke, Williams, Boehringer, Loomis
Also present: Schaltenbrand, Edwards

The meeting was called to order at 8:00 p.m. by Chairman Wade Fricke.

APPROVAL OF MINUTES

The minutes of the meeting held May 25, 2010 were approved.

JOHN GADD, 218 BENTLEYVILLE ROAD - REQUEST FOR A VARIANCE TO SECTION 1145.02(b), NONCONFORMING BUILDINGS, SECTION 1125.04(a)(2), AREA, YARD, AND HEIGHT REGULATIONS; ACCESSORY STRUCTURES, AND SECTION 1125.04(a)(6)(d), AREA, YARD, AND HEIGHT REGULATION; ACCESSORY STRUCTURE, PERMANENT PARCEL NO. 931-09-022.

Mr. Edwards said the roof collapsed on Mr. Gadd’s garage and when he was doing the repairs I happened to notice that the structure was going up without any permits so I stopped to investigate. We issued a stop work order and since then he has been going through the process. He retained an architect and has been working with the ARB. It is a nonconforming building. Mr. Williams asked, it is not height it is square footage? Mr. Edwards said yes.

Ann Dunning, architect, said the roof that collapsed on this garage was a very low slope on a very wide building. Mr. Gadd was eager and ready to fix the building and get a roof back on the existing building. He put half trusses and the contractor got started. The building footprint was there. I can’t figure out any particular way that it is increased or when it was enlarged. It was certainly a long time ago because the building was at least twenty years old. In changing the pitch of the roof I think he did the right thing because he did make it structurally sound and so I think that was the good part that he did so far. You can’t move the existing building so that means the side yards are where they are and the height of the building we are over. We need another foot of side yard. The maximum height that you are allowed is 15' unless you have approval by the ARB. The height is and the maximum height then would be 22'. We are 21', 7' finished dimension from the floor line of the garage. Because the existing building was there the square footage is about seven or eight hundred square feet over the allowable seven hundred square feet. There is all of those issues that John really can’t change much. The only thing he could have changed was the pitch on the roof.

Mr. Gadd said I apologize for not following the process. The roof collapsed in the middle of the winter and it has been an insurance nightmare. I did not realize you need permits for repairs. When I found out you did we stopped work immediately. We put a big tarp on the roof and it has been like that for almost three months now. The idea of changing the pitch was to prevent this from happening again. I have to get it fixed no matter what. I did get letters from both neighbors on both sides saying they are okay with the plans and the structure.

Mr. Fricke asked, you are not changing the footprint? Mr. Gadd said that is correct. Mr. Fricke asked if there is a side shed or another small little building as well and that would count towards the 700 square feet? What do you intend to do with that shed? Mr. Gadd said frankly I could just tear it down if it is an issue. It is kind of an eye sore to me but I store lawn mowers and things like that in it. It is a very small structure; something you buy from Home Depot.

Mr. Williams said that shed is 48 square feet. I did look at that square footage. It is important because rather than looking at a 516 foot variance to the 700 foot code, if you took that little metal shed out it would drop us down to 460 feet. It is not a lot but it is a step in the right direction and one of the things we consider is the impact on the code, is it in the spirit of the code as written, and that would certainly help. Mr. Gadd said I can commit to tear it down so that is not an issue.

Mr. Fricke asked, what do you intend to do with the inside space? This gives you a huge area inside the house. Do you have any plans for what you are doing inside? Mr. Gadd said no, since I have had it it has been purely storage. I think the previous homeowner’s wife was an artist and she used it as an art studio. It could theoretically be a rec room or something like that but I put my tools back there and store furniture and things like that.

Mr. Williams said there is going to be a loft that is going to be there as a result of the increase in the pitch. By the way, the pitch of the new roof is going to match your home really nicely. I think it is going to look terrific. The loft that will be in place there you will just continue to use for storage purposes? Mr. Gadd said yes but I don’t need all that storage so it will probably go empty for years and years. Ms. Dunning said they are adding trusses that leave space in there and there will not be a lot of space for standing or living up there so it is really storage.

Mr. Boehringer asked, is the pitch the same as what the ARB approved? Ms. Dunning said yes.

Mr. Williams said one of the variances is side yard setback and the existing structure is already 10 feet from the side yard setback and so there is a 5 foot variance request there. Do you know when the garage was built? Ms. Dunning said it is at least 30-50 years old. Mr. Edwards said I did check the county records and there is no record of it.

Moved by Mr. Williams, seconded by Mr. Boehringer to approve the variance requests, specifically to section 1145.02(b), the nonconforming buildings section of our code and section 1125.04(a)(2), which is area, yard, and height accessory structures. This is a variance that specifically requests a variance to the 700 square foot maximum allowed by an out-building. They have requested a variance of 516 square feet to increase the maximum square footage to 1,216. The homeowner has agreed, as a condition of the variance request, to remove the one out-building, which is 48 square feet that will reduce that variance request down to 468 square feet to just the existing structure that is there today. Also, section 1125.04(a)(6)(d), which has to do with side yard setback. The current building sits within the side yard setback. They are requesting a five foot variance to the 15 feet allowance that will put them within 10 feet of that side yard setback. Also, I make this motion based on the fact that these variances are not substantial and there is no increase in the size of the buildings that exit there. In fact, there is actually a reduction with the removal of that metal shed. And, this is really essentially a repair of an existing structure. The character of the neighborhood will be substantially maintained because he is repairing that existing structure. This variance request will not effect the delivery of governmental services whatsoever, police, fire, what have you. And, the owner has stated that he did not have the knowledge of the zoning restriction and we appreciate your admission to that. Also, I would like to note that the neighbors were all notified, those neighbors within 300 feet of the owner of the house. The neighbors have voiced no objection whatsoever, in fact a couple of letters have been submitted in support of his project.

Boehringer: For the reasons Bob has given for the motion plus the fact that it is basically a repair job. Aye.

Loomis: Aye, for the reasons stated.

Fricke: Aye, for the reasons stated.

Williams: Aye.

Mr. Edwards said this will go to Council on August 9, 2010.

CG II DEVELOPERS LLC, 43 WEST COTTAGE STREET - REQUEST FOR A VARIANCE TO SECTION 1145.02(b), NONCONFORMING BUILDINGS AND SECTION 1125.03(f)&(h), AREA, YARD, AND HEIGHT REGULATIONS: MAIN BUILDINGS, PERMANENT PARCEL NO. 931-12-010.

Mr. Edwards said when Craig Gemmill purchased the property approximately two month ago a wall collapsed and he is in the process of rebuilding it. He is wishing to put an addition on the southwest side of the house. The house is a nonconforming structure due to the setbacks.

Craig Gemmill said the front wall basically collapsed and in the process of repairing it we realized that part of the sidewall had also lost its structural integrity. There is a little porch out back that is falling down so we thought if we tore that off we could put in a foundation down there and square off the house. Mr. Williams asked, is this the porch on the southwest corner? Mr. Gemmill said yes, so that porch is actually already gone. We want to put a foundation wall there and bring it up to the first floor and then we would like to do a second floor and give it a true 8 foot ceiling and square off the top of the house and make it more appealing.

Mr. Fricke asked if the drainage issue is something we address. He said my concern is that it is a pretty steep slope running down to the neighborhood behind it and I assume this is going to have impact on that. Mr. Edwards said I don’t think drainage is within your review. Mr. Fricke asked, there is no variance being sought for drainage? Mr. Edwards said no. Mr. Fricke said the engineer will review, and there will have to be some kind of drainage plan. Mr. Edwards said right, the engineer has been out to the property to look at the storm sewer drainage and the question is where is the storm sewer go? There isn’t a storm sewer, there are existing gutters on the house and currently they just go to a splash box and gravity takes the water away from the property. The concern was by putting an addition on the house now you are going to add roof area and water so we wanted the Village engineer to take a look at it just to see if anything could be done with the drainage.

Mr. Williams said I don’t see an increase in the amount of roof area because there is a roof over the porch that is now gone so the fact that they would want to enclose the addition there would mean there is essentially the same amount of roof pitch as before so, as I understand it, it should not really exacerbate the additional water runoff if that is the case. Mr. Fricke asked if there is an increase to the footprint? Mr. Williams said no. Mrs. Loomis said if they are adding a porch to side it is not huge but there is a 6 X 16" porch.

Mr. Boehringer said he is not increasing the footprint at all, he is just enhancing the property and from what I see at this point it is to the good.

Bernadette Clemens said she lives directly to the east. She asked, how is it determined that when you put up the temporary fences you put them 8 feet into my property. I am just curious what is happening along that east side and if that is part of the variance request tonight and if you do have a clear, legal record of where the property line is because there is so much construction going. The construction zone was on my property but now it is fine, it is not on my property any longer but I just wanted to make sure your company was now clear on where the property line is so that I didn’t end up with that big pile of dirt in my yard. Mr. Gemmill said we do have a survey so we have an idea. The addition is going up, nothing is going out. If fact we are actually pulling in a little bit on the southwest side. The only thing that may happen on the east is if the engineer comes back and says we have to dig it up to put in drainage. Mr. Fricke said for purposes of your question, there is no variance being sought tonight that will effect your line at all.

Mr. Williams asked if the neighbors were notified? Mr. Edwards said all the neighbors within 300 feet. Mr. Williams asked if there were any written or verbal objections? Mr. Edwards said no.

Moved by Mr. Williams, seconded by Mrs. Loomis to approve the variances as requested, specifically to section 1145.02, which is the nonconforming buildings section of our code, and section 1125.03(f)&(h), which are the front yard and rear yard setback requirements. Our code under both those sections require under section (f) of that part of our code requires a 35 foot front yard setback. The owner is proposing a 21 foot variance to approximately 14 feet. Under section (h) of that part of our code where it required a 40 yard rear yard setback the owner is proposing 23 feet, which would be a 17 foot variance to the maximum allowed. The other thing that I would like to note is that I don’t think that these variance requests are substantial. This is effectively a restoration even though there is a small addition proposed where the existing porch is. The total size and the footprint of the house substantially is not going to be increased. By the way, thank you for rescuing this house. I mean it was probably a candidate for demolition and by rescuing the one wall it was in the process of collapsing we avoided the need to issue a demolition order. All of the neighbors were in fact notified of the variance requests. There were no verbal or written objections to that request. Also, I would like to not that the spirit and intent of the code is being upheld. One, because the dwelling is being rescued and two, he is not proposing to substantially increase the size of the house with the small addition, which will take the place of the existing porch. Also, some other important issues. The quality and character of the neighborhood will not be adversely harmed, in fact it will be improved by the rescuing of a historical building. Governmental services will not be affected by the variances requested and the question of can these variances be feasibly obviated through some other, no. The building is on the verge of collapse and these are all necessary repairs. That is the end of my motion.

Boehringer: For the motion, Aye.

Loomis: Aye.

Fricke: Aye, for the reasons of the motion.

Williams: Aye.

Mr. Edwards said this will go for final action at the August 9, 2010 Council meeting.

Mark Piunno, 58 West Orange Street, asked about being able to see the drawings for the retaining wall. He was advised that the plans have not been finalized and that they are still in the design phase. It would be best if he attended the August 3, 2010 ARB meeting where the developer will be present.

The meeting adjourned at 8:37 p.m.

___________________________
Wade Fricke, Chairman
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