CAUCUS PRIOR TO STRONGSVILLE BOARD OF ZONING & BUILDING CODE APPEALS Meeting of September 10, :30 p.m.

Transcription

1 CAUCUS PRIOR TO STRONGSVILLE BOARD OF ZONING & BUILDING CODE APPEALS Meeting of 7:30 p.m. Present - Board of Appeals Members: Ken Evans, Richard Baldin, Glenn Goist, David Houlé, John Rusnov Administration: Assistant Law Director Daniel J. Kolick Building Department Representative: Michael Miller Recording Secretary: Kathryn Zamrzla The Board members discussed the following: 1) THAD VASKO, OWNER a) Requesting a 2 variance from Zoning Code Section , which prohibits a required rear yard to be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building where the applicant is proposing a 21 by 26 Unenclosed Shelter Addition; b) Requesting a 20 Rear Yard variance from Zoning Code Section (d), which permits a 6 projection into the Rear Yard and where a 26 projection into the Rear Yard is proposed in order to construct an 21 by 26 Unenclosed Shelter Addition; property located at Castlereagh Lane, PPN , zoned R The Board stated that there is plenty of room on this lot and that the owner also owns the lot next door. 2) BREW GARDEN, OWNER a) Requesting a 20 Parking Space variance from Zoning Code Section (c) (5), which requires 227 Parking Spaces and where 207 Parking Spaces are proposed; b) Requesting a 1 Parking Space Depth variance from Zoning Code Section (c) and Appendix III, which requires a 19 Parking Space Depth and where an 18 Parking Space Depth throughout the parking lot is proposed; c) Requesting a 2 Parking Space variance from Zoning Code Section (c), which requires 62 Parking Space Center to Center and where 60 Parking Space Center to Center throughout the parking lot is proposed in order to construct a Restaurant; property located at SouthPark Center, PPN , zoned Shopping Center (SC). Mr. Evans stated that he would like to hear the Engineering Department comment on this because he feels a) and b) would create a safety hazard.

2 Page 2 of 31 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives Requesting a 12 Side Yard Setback variance from Zoning Code Section (e), which permits a 0 encroachment into the established Side Yard Setback and where a 12 encroachment into the established Side Yard Setback is proposed in order to install an 20 by 40 Inground Swimming Pool; property located at Hawthorne Lane, PPN , zoned R1-75. The Board agreed that they will ask the owner or representative where the rear property line is. They observed that there is a slope at the rear property line. 4) CLIFFORD AND LISA KIME, OWNERS Requesting a 10 Setback variance from Zoning Code Section (a), which requires a 20 Setback from the main dwelling and where a 10 Setback from the main dwelling is proposed in order to construct an 8 by 8 Accessory Building; property located at Prairie Meadows Place, PPN , zoned R1-75. The Board agreed that they felt the owner should be required to drywall the inside to protect the home from fire damage. Mike Miller explained that installing drywall in an accessory building is not a Building Code requirement. In relation to the easement, Mike Miller explained that the Building Department will measure the distance to the easement. 5) ELIZABETH NOWAK, OWNER Requesting a 2.7 Side Yard Setback variance from Zoning Code Section , which requires a 5 Side Yard Setback and where a 2.3 Side Yard Setback is proposed in order to construct an Addition; property located at Sassafras Drive, PPN , zoned R1-75. The Board said they will reserve any questions for the floor. (H) PUBLIC HEARINGS 6) JAMES PTACEK, OWNER Requesting a variance from Zoning Code Section , which permits one (1) accessory building and where two (2) accessory buildings are proposed in order to approve an existing Treehouse; property located at Benbow Road, PPN , zoned R1-75. The Board remembered that this applicant did not appear at the last meeting as scheduled and they have many unanswered questions.

3 Page 3 of 31 7) AMY GEISS, OWNER Requesting a variance from Zoning Code Section , which permits one (1) accessory building and where two (2) accessory buildings are proposed in order to approve a 96 SF Accessory Building; property located at Ordner Drive, PPN , zoned R1-75. The Board agreed that they did not have an opposition to this project but would wait to hear if there is any audience participation.

4 Page 4 of 31 STRONGSVILLE BOARD OF ZONING & BUILDING CODE APPEALS MINUTES OF MEETING The meeting was called to order at 8:00 PM by the Chairman, Glenn Goist. Present: Also Present: Mr. Baldin Mr. Evans Dr. Goist Mr. Houle Mr. Rusnov Mr. Kolick, Assistant Law Director Mr. Miller, Building Department Representative Ms. Zamrzla, Recording Secretary Dr. Goist Good evening ladies and gentlemen. I d like to call this meeting of the to order. Kathy if you d call the roll please? ROLL CALL: Mr. Baldin Mr. Rusnov Mr. Houle Mr. Evans Dr. Goist 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 August the 13 th, if I hear no objections; I will submit them as they were given to us. We have approval of Findings of Facts and Conclusions of Law regarding the application of Ross Duman at Applewood Lane. I would entertain a motion to approve those Findings of Facts and Conclusions of Law. Mr. Evans Mr. Chairman I d like to move that we approve the Findings of Facts and Conclusions of Law regarding the application of Ross Duman, Applewood Lane. Mr. Baldin Seconded. Dr. Goist And we have a second, Kathy if you d call the roll. ROLL CALL: MR. RUSNOV - ABSTAIN MOTION PASSED MR. HOULÉ - YES

5 Page 5 of 31 MR. EVANS DR. GOIST - YES - YES MR. BALDIN - YES Dr. Goist Thank you. For all the people who are in audience and would like to speak before this Board, along with our Recording Secretary and our Building Representative, if you will stand and our Assistant Law Director will swear you in. Anyone who wants to speak should be sworn in. Mr. Kolick then stated the oath to those standing. NEW APPLICATIONS 1) THAD VASKO, OWNER a) Requesting a 2 variance from Zoning Code Section , which prohibits a required rear yard to be reduced to less than the required dimensions for the district in which it is located by enlarging an existing building where the applicant is proposing a 21 by 26 Unenclosed Shelter Addition; b) Requesting a 20 Rear Yard variance from Zoning Code Section (d), which permits a 6 projection into the Rear Yard and where a 26 projection into the Rear Yard is proposed in order to construct an 21 by 26 Unenclosed Shelter Addition; property located at Castlereagh Lane, PPN , zoned R Dr. Goist Our first new application is Thad Vasko, if you could move forward and give us your name, and address, and a brief summary of what you re asking for in your variances please. Mr. Vasko My name is Thad Vasko. My address is Castlereagh Lane. I m requesting a 2 variance beyond the 30 rear setback line. Part B of this says a 20 Rear variance. I think that s a typo, and then further down it says, permits a 6 projection and where a 26 projection of the rear yard. That s the numbers as I understand from my lot, I have a 30 Rear setback from the building line, and I m asking to go over that by two feet. So my new distance from the back property line will be 28. Metroparks is to the back of me, and a neighbor on the east side of me, and I own the lot on the west side of me. Dr. Goist We all know the typography of your area, and I don t think I have any particular questions regarding what your situation is because we know it s unique. It s completely unique. So if anyone else has questions, feel free to ask. Mr. Evans Mr. Chairman, we do have a letter from the Homeowner Association already on file. Dr. Goist Thank you, any other comments?

6 Page 6 of 31 1) THAD VASKO, OWNER, Cont d Mr. Miller Mr. Chairman, to clarify Mr. Vasko s concern about the second variance with respect to Ordinance Code Zoning Code Section (d), the structure your proposing is considered an unenclosed shelter which allows a 6 projection into the rear yard and you are proposing a 26 projection into the rear yard. So that would be your second variance. It s not part of the we wouldn t consider that part of the building because it s an unenclosed structure according to definition. Mr. Vasko Okay. Mr. Miller So that s the additional variance that Mr. Vasko I didn t understand that was Mr. Miller It was yes. That was added once we looked at your plans that were submitted. Mr. Vasko Okay, but you do know that the roof line is common with the Mr. Miller Yes. Mr. Vasko roof of the main house. Mr. Miller Yes. Mr. Vasko Okay. Dr. Goist Any other questions or comments? If not, your public hearing will be the 24 th of September, and you do not have to stay for the rest of the meeting. Mr. Vasko Okay, thank you very much. Dr. Goist Thank you. Mr. Evans Mr. Chairman, you might want to advise Mr. Vasko as well as all the other applicants that are here for their first reading that all the neighbors within 500 will be notified. So they may want to address neighbors, and let them know what the request is because the letters of notification will go out fairly quickly. Dr. Goist And if you could put some stakes so that we can see where you re going Mr. Vasko Right, flags Dr. Goist That would be helpful. Mr. Vasko - Okay. Alright.

7 Page 7 of 31 1) THAD VASKO, OWNER, Cont d Dr. Goist Thank you. Mr. Vasko Thank you all. RULING: PUBLIC HEARING SET FOR SEPTEMBER 24, ) BREW GARDEN, OWNER a) Requesting a 20 Parking Space variance from Zoning Code Section (c) (5), which requires 227 Parking Spaces and where 207 Parking Spaces are proposed; b) Requesting a 1 Parking Space Depth variance from Zoning Code Section (c) and Appendix III, which requires a 19 Parking Space Depth and where an 18 Parking Space Depth throughout the parking lot is proposed; c) Requesting a 2 Parking Space variance from Zoning Code Section (c), which requires 62 Parking Space Center to Center and where 60 Parking Space Center to Center throughout the parking lot is proposed in order to construct a Restaurant; property located at South Park Center, PPN , zoned Shopping Center (SC). Dr. Goist Our next new application is Brew Garden. Mr. Potopsky Pat Potopsky, 9205 Shenandoah, North Royalton. I m asking for a variance of the parking spot, rather than it be 19 long to be 18 long, and that center to center be 60 rather than 62. Which is really the same because it involves two parking spots that 18 and 18 so it s kinda the same. Then I m also requesting the 20 spots variance. I m shy 20 spots. We set it at 18 to match the mall. I m at Sub Lot 6 of the shopping center. When I had talked to the Engineer, George, we had looked this up. JCPenny s spots are 18 long, Kohl s, all the straight in spots are 18 long. So I m matching the spots of the mall, and I am in the shopping, I m in the shopping center, sublot 6. Mr. Kolick Mr. Chairman, for the applicant, did you look at to see what would happen if you laid them out according to code, how many spaces you would lose? Have you looked at that number so we know? Mr. Potopsky We were already there, we were already at code prior to that. We were just trying to get nine more spots. Ken had mentioned in the Caucus that he would rather see us go back to the code, where we were, which is actually even one and a half feet longer than the mall is now. I d be okay with that, and I would only need 29 and not 40. Mr. Evans Pat the reason I said that is that Penny s they re at an angle.

8 Page 8 of 31 2) BREW GARDEN, OWNER, Cont d Mr. Potopsky No they re not. I was just there in the rain. Penny s aren t, neither are Kohl s on the north side, and the west side, and Rocknes. I just measured them. Mr. Evans But Penny s is at an angle. Mr. Potopsky There s a section at Penny s that s straight in. Dr. Goist Whoever is speaking in the back, unless you re up here to the microphone, it can t be picked up and recorded. Mr. Evans I think that what we would ask you to do is take a look with your architect or engineers or whatever because as I expressed in Caucus, I would rather see us grant a higher variance for the number of parking spaces. Again, our job is to try and make it successful which is what we Mr. Potopsky Oh, I get it. Mr. Evans - want you to be. Mr. Potopsky I m with ya. Mr. Evans And with all due difference to our code and engineering and everything, I want to make sure that people have adequate space. I think I would rather do it that way, other board members may feel differently, but I would rather have that as an option, I think that we could look at that too. Mr. Potopsky I don t know if we could do it tonight, but if it would help, if you want to grant the 29 car variance rather than the 40. It would solve you d get your bigger spots. We were we re already at the 198 to code. Actually I just happen to have a copy I just happen to have a copy of it right here. Mr. Evans Okay, I m guessing at this point, Mr. Chairman, that because those have already been done, that he could submit those when we put the public notice out. I don t think there s a problem if it goes out at 20, but if we have the information to be able to conserve the 29, I think that would be a good idea. Dr. Goist He needs to get that to Kathy by tomorrow. Mr. Evans Well, you have a copy in your hand, right? Dr. Goist Can you do that? Mr. Potopsky I actually have, I think, 15 copies cause I almost handed them to you a week ago.

9 Page 9 of 31 2) BREW GARDEN, OWNER, Cont d Dr. Goist Good. Mr. Evans I think if you hand one to Kathy or hand the 15 Mr. Potopsky I got it right here. Mr. Evans - to Kathy we ll accomplish that. Dr. Goist I think Mr. Kolick made a good point, one that we don t realize because cars are getting smaller, but pick-up trucks are getting bigger. Mr. Potopsky I would agree. Dr. Goist And they have the biggest pick-up truck you ve ever seen, and they put on about a foot and a half extension for their ball, and by then you ve got huge vehicle to get around. I don t know how people haven t really banged into those. So, we re going the opposite way than we thought we were. Cars got smaller, but pick-up trucks are getting a lot bigger. Mr. Potopsky Like I said, I agree and Dr. Goist Good. Mr. Potopsky - I m okay with the 29 car variance, and just keeping them larger. Dr. Goist Mr. Evans, you made some good points, do you want to make any other point? Mr. Evans I m good. Dr. Goist - to go on the record? Mr. Evans Thank you. Dr. Goist Mission accomplished. Very good. I think you made some really excellent points, so we will incorporate the new number. Kathy, can you do that? Okay? Ms. Zamrzla We ll talk about it after the meeting, as to what to send the notices saying. Okay? Mr. Kolick Are you saying then that you can eliminate B and C, the width and the length, and you would just need a 29 car parking spot variance? If the width and the length of the spot is at code? That you would just need nine more vehicles? Mr. Potopsky Correct, we re already approved at 198, to 29 spots. So we would exactly what you just said.

10 Page 10 of 31 2) BREW GARDEN, OWNER, Cont d Mr. Evans And he has the document so saying. Mr. Kolick So we can eliminate B and C, Kathy, and make A 29 spots. Mr. Potopsky Correct. Mr. Kolick Is that what you re saying? Okay. I would think that would make more sense, particularly since you are in a shopping center district there is a plethora of parking. It may be a little distance from you, but there s a plethora of parking there as far as numbers are concerned. At least it may make more sense from a safety standpoint with people backing out, and try to get out of bigger vehicles or be Mr. Potopsky I would agree. Mr. Kolick - able to see around them. Dr. Goist Thank you, Pat. Sometimes we try and negotiate those things, but you ve been very helpful. We appreciate it. Mr. Potopsky Thank you Mr. Baldin Mr. Chairman Mr. Potopsky Thank you very much. Mr. Baldin I want to commend Pat on taking into consideration what you heard in Caucus, and I know this is a big project. We want to see you succeed here in town. We commend you for understanding that and making those changes. Thank you. Mr. Potopsky Thank you. I think it just makes sense all the way around. Mr. Baldin Good. Mr. Kolick We can put out the agenda even tomorrow, but get us the plans. Mr. Potopsky I can give them to you now. Mr. Kolick If we have them now, then fine. We just need it before the next meeting, of course. Great. Ms. Zamrzla Okay, thank you. Dr. Goist Thank you.

11 Page 11 of 31 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives Requesting a 12 Side Yard Setback variance from Zoning Code Section (e), which permits a 0 encroachment into the established Side Yard Setback and where a 12 encroachment into the established Side Yard Setback is proposed in order to install an 20 by 40 In-Ground Swimming Pool; property located at Hawthorne Lane, PPN , zoned R1-75. Dr. Goist Our next new application is Roger and Rania Karim, if you ll give us your name and address please? Mr. Foster Good evening, William Foster, American Construction Group. Basically the zoning appeal is for a 12 side yard setback. We ve done all the engineering, been through the Building and Engineering Department with our comments. We got this back; it s a culde-sac lot as discussed earlier. The side yard set, I believe I was talking with Mr. Miller about the side yard setback was changed in 2012 or something. We had it on the site plan with the request for a side yard setback is based on the corner of the house. There was a significant amount of engineering done on this to get the pool at the right elevation so basically the pool itself is about three and a half feet outside of the footprint of the house on the cul-de-sac. You can t see it, it s about to the pool level is approximately So if you were at the street looking in, you really can t see anything because of the walls on both sides. If any of you have been out there to see the back, you can t really even see the backyard. So basically that s the variance request for that side. The majority of that 12 obviously is the concrete patio terrace on that side. There s an existing deck that s on the side of the house which was listed on the site plan which is, I think, it s at least 9.5 or 10 on that side. As far as the hardship by moving it anywhere else, we ve got the engineering already done for all the cuts and elevations. To move it over 12 you would be creating an issue to push the pool back further in the yard, because you have to maintain 10 from a structure. To move it over 12 would also be putting it behind the deck so I guess it would creating a you wouldn t be able to see a portion of it based on sliding the pool over to that point. So it would push everything over into an area that the elevations are greater, so it would probably require some more retaining walls, you know, on that side. So those were the comments that I think the only comments that we had was why we were seeking that variance there. Dr. Goist Okay. I have not seen the property, but other Mr. Baldin Mr. Chairman? Dr. Goist members have questions? Mr. Baldin Mr. Chairman, I have looked at the property, and the backyard property line does it go beyond where they cause as far as the back yard is right now, it s like it s built up, and then there s like a big drop-off, and their property line goes back into that dropoff, I assume?

12 Page 12 of 31 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives, Cont d Mr. Foster Yes, they re 102 from the pool back, it s a pretty good size back parcel. Mr. Baldin Right. Are you going to have to beef up that, to me, I m looking trying to see how you re going to put a pool in there with such, you got a slope there as it is then you got a big drop-off behind that, right? Are you going to be backing that up any more? Mr. Foster All of the, again, we had all those cuts and engineered so we have all the correct elevations. We re cutting it down, so there s going to be the retaining wall from the existing patio. So you step down, I think its to 42 and then everything is in virgin ground. We re using all the back fill. I mean, because of the access, we need to ya know, we needed to really be accurate on elevations, positions, so we didn t have to bring in any fill, and there s really not much fill needed. Based on all of our yardage and engineering, Cuyahoga Engineering, was involved in placing this. We went through it several times and we ve submitted for all that. So that s why the position was based on literally the elevations and they would have put it there. Mr. Baldin They do have a large upper deck there with stairs going down. Mr. Foster Yes. Mr. Baldin It probably goes back, I didn t measure it, I would say that s about into the yard? Mr. Foster Yeah, it s a two story, you know it s a walk-out basement, so it s up a couple stories. So you got approximately, yes that s probably about a 8 x 18. Mr. Baldin Yeah, I think we allow what, 14? It is allowable? Private rear yard. Mr. Miller Not the rear yard, the required rear yard. This is their rear yard, there is no 50 variance. Mr. Baldin The other deck where they have the hot tub, and where that fence is on the side of the house there where the hot tub is Mr. Foster Yes. Mr. Baldin Is that right on their property line pretty much? It looked like that second deck that they have the hot tub on, whether they got a permit for that or not, I don t know, but that looks awful close to the property line. Mr. Foster It s approximately Mr. Baldin But that s the property line where the fencing is probably?

13 Page 13 of 31 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives, Cont d Mr. Foster Well the property I don t know which side you mean on Mr. Baldin On the, you re looking at the house, on the left where the hot tub is, the second deck. Mr. Foster - The way we have it plotted, we had it surveyed and engineered, it s approximately; I m going to say it s at least 10. Mr. Baldin It could be. I didn t have a tape measure. I m just assuming, now I don t know Mr. Foster From what I was told it was there. Mr. Baldin - if that deck was built when the house was built, did they put that in? Mr. Foster Yes. Mr. Baldin Or was that added separately the second time around? Mr. Foster I think this owner has only been there for two years, and the only thing he s done is maintenance so it s where when we based everything on that we weren t looking at the existing structures. We actually, on the site plan, noted swimming pool setback. You know, what that actual code is, and then we were well within that, so that s why I called Mr. Miller to understand what the actual variance is. Mr. Baldin I understand that, but see we don t know all that, until we go out and look at a piece of property and we see oh, there s a shed, and it s a little bit too close, this one s on the property line, this is another deck Mr. Foster Right. Mr. Baldin A lot of people put this stuff up without permits. Thank you. Dr. Goist Any other questions? Mr. Evans Mr. Chairman? Mr. Kolick, perhaps you know better. Co-Moor used to be a Homeowner s Association, but I believe that it may not all be. Mr. Kolick They ve got two areas, one is encumbered still with the Homeowners Association, one isn t. I don t know if this area is or it isn t, but if it is they need to go to the homeowner s association. Mr. Foster The homeowner told me it wasn t, and that s why we had not gone to it.

14 Page 14 of 31 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives, Cont d Mr. Evans If it is, if it is one of the parts that still is, then what? Mr. Kolick Well, we can check Engineering and the Planning Commission records. If they contact them they can find out. Mr. Foster He said that he had talked to the neighbor and he didn t have recollection of that, but we d be more than happy to check. Mr. Kolick Just double check Mr. Foster We will double check that. Mr. Kolick - because if they determine that it is bound by a Homeowner s Association Mr. Foster Okay. Mr. Kolick - they ll need you to go to a Homeowner s Association Mr. Foster Get a letter. Mr. Kolick - just get their opinion as to whether they approve or not. A letter from them is sufficient. Mr. Foster Yeah. Mr. Evans I don t know that Co-Moor allows pools. Mr. Baldin They do have their own pool for their Association, for the development. John, do you know anything about that? Mr. Rusnov Yes. Dr. Goist I lived in Co-Moor and so did John. Mr. Rusnov - Who was the previous owner on this house, do you know? Mr. Foster I don t know. Mr. Rusnov Cleveland fireman, his wife. There were certain people who did the lawn and certain people who didn t. The Condo Association is a whole different world, and it should be a deed restriction, if it is or it isn t. I don t know who the President of the Association is.

15 Page 15 of 31 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives, Cont d Dr. Goist When I lived in Co-Moor, you had the right to choose. You could either belong to the HOA or you could opt out. So a lot of people opted out, said they didn t want to pay the fees. So I don t know what the situation is anymore, and that s a lot of years ago. Mr. Foster We can check into that, I m sure. Dr. Goist If there is an HOA then we need to have a letter. Mr. Foster Okay. Dr. Goist That s correct, Mr. Kolick. Mr. Kolick Yes. We want to see what the Homeowners Association says what their position is anyway. Mr. Foster Okay. Dr. Goist Okay. Ms. Zamrzla Mr. Chairman? Dr. Goist Yes. Ms. Zamrzla On the application it says not part of the Association. We asked that question on the app and it just says, No. Mr. Kolick I know, but as our Chairman explained, they were offered an option, and it s not by geography, it s by individual property, and while this person s been in there for two years, they may not be aware that there s a deed restriction out there that keeps them in. Dr. Goist That s very possible. Is a deed restriction, is that like a variance? It stays with the property forever? Mr. Kolick Yes. Dr. Goist Correct? Mr. Kolick Yes. Dr. Goist Alright, you do your due diligence and we will too. Okay? Mr. Foster Very good. Dr. Goist Your public hearing will be the 24 th. We ll see you back. Thank you.

16 Page 16 of 31 3) ROGER AND RANIA KARIM, OWNERS/American Construction, Representatives, Cont d Mr. Foster Thank you. 4) CLIFFORD AND LISA KIME, OWNERS Requesting a 10 Setback variance from Zoning Code Section (a), which requires a 20 Setback from the main dwelling and where a 10 Setback from the main dwelling is proposed in order to construct an 8 by 8 Accessory Building; property located at Prairie Meadows Place, PPN , zoned R1-75. Dr. Goist Our next new applicant is Clifford and Lisa Kime. If you d come forward and give us your name. Ms. Kime Hi there. Dr. Goist and address please. Ms. Kime I m Lisa Kime. Soon to be living at Prairie Meadows Place. We are requesting a 10 setback variance, which I think normally the code requires a 20 setback from the main dwelling of the home for an accessory building or a shed. I think in the caucus I heard somebody ask what we were going to store in it. We will be storing a lawnmower, garden tools, that kind of thing. We have some limitations with easements there today; we were trying to find a place that would be aesthetically appropriate. That location sort of hides it from our deck, also from the street, and from the neighbor. There s a fence along that side. We did talk to the neighbor on that side, and she had no objections to placing the shed there. I think that s it. Dr. Goist I think if you were in Caucus, you might been behind me but some of the discussion was whether or not we would require or the city would require fire-rated drywall. Ms. Kime Yeah, I did hear that Dr. Goist Did you hear that discussion? Ms. Kime but I wasn t sure what the Dr. Goist Ok, I m going to let Mr. Miller from the Building Department explain it. Mr. Miller The Residential Code of Ohio Ordinances would not require that as long as there s a 5 separation from the dwelling, but the Assistant Law Director has informed me that commission does have the right to put in that request if they do indeed grant the variance. Ms. Kime Okay.

17 Page 17 of 31 4) CLIFFORD AND LISA KIME, OWNERS, Cont d Dr. Goist Would you be willing to go along with that? It s really a protection thing. If you had a fire, and you have gasoline or a lawnmower out there and something starts on fire. Ms. Kime I don t think we re opposed to it, I mean, we have another option in the yard, but it s, you know if you can see it from the street, it s not as nice. I think if that s what it takes to put it there that would be okay. Dr. Goist Good. Mr. Baldin Very good. Would that just have to cover the side that faces the house or the whole inside of the building? Mr. Miller Whole building. Mr. Baldin Whole building. Mr. Kolick Mike there not looking at any great expense with a fire-rated drywall as opposed to any other drywall, right? Mr. Miller I think the issue that comes to our department is that as a building official you re requiring something that s not required by the code that then jeopardizes a certification of a building official. Mr. Kolick Well we re okay Mr. Miller So that s something that we d have to discuss. Mr. Kolick - with that because we aren t doing it because of the building code, Mike, the zoning code permits this Commission to put on conditions for it. So you re not approving it as part of the building code, they re approving it as part of the zoning code. Mr. Miller Okay. Mr. Kolick - That is the difference, but again, the cost of that fire-rated drywall is it Mr. Miller Not that, not that much. Mr. Kolick - you re not adding any significant cost to it. Ms. Kime Yeah, I don t honestly I don t know all this. I mean, we hadn t planned on dry walling the shed. Dr. Goist Okay. Mr. Evans Mr. Chairman?

18 Page 18 of 31 4) CLIFFORD AND LISA KIME, OWNERS, Cont d Dr. Goist - Thank you. Ms. Kime Thank you. Mr. Evans Was it also mentioned in caucus about the proximity to the easement back there and that we should have the Engineering Department pass judgment on that so it s not in a swale or anything that is a drainage situation? Mr. Miller Again the issuance of the permit to construct this, it is stated on their permit that they have to maintain those areas and our inspectors do measure that in the course of the final placement and final construction of the shed to make sure that it is, in this case, 50 from the rear property line due to the two easements, the landscape upper easement and the 20 public storm sewer easement. So our inspectors actually do measure those. Mr. Evans So we re insuring that at the point of our approval from BZA that it is not in Mr. Miller Correct. Mr. Evans that area. Mr. Miller Correct. Mr. Evans Okay. Mr. Miller We would not issue a permit for any structure being built on an easement. That s the standard Mr. Evans Okay. Mr. Miller of the Engineering Department and the Building Department. Ms. Kime And we do have it staked, I think somebody s already been out. I don t know who. Mr. Rusnov I was there. Ms. Kime Okay, and you talked to my husband? Mr. Rusnov I talked to your husband. Ms. Kime Yeah, he said somebody was out. So Mr. Rusnov Yeah. Ms. Kime Yeah so you can see where it is. Okay?

19 Page 19 of 31 4) CLIFFORD AND LISA KIME, OWNERS, Cont d Dr. Goist Okay. Ms. Kime Thank you. Dr. Goist Thank you. Yes, your public hearing is the 24 th, and also if you can stake the area where you re going to put your shed that would be helpful. Ms. Kime It s done. Dr. Goist Okay. Alright, thank you. 5) ELIZABETH NOWAK, OWNER Requesting a 2.7 Side Yard Setback variance from Zoning Code Section , which requires a 5 Side Yard Setback and where a 2.3 Side Yard Setback is proposed in order to construct an Addition; property located at Sassafras Drive, PPN , zoned R1-75. Dr. Goist Our last new application is Elizabeth Nowak. Ms. Nowak I m Elizabeth Nowak. I live at Sassafras Drive. Mr. Gibbons I m Christopher Gibbons I also live at Sassafras Drive. We are requesting a 2 7 side yard setback for a new addition to the home. Due to the odd shape of the lot that would require us to basically make kind of a pie shaped room as opposed to a square room, which we really don t want. We had a contractor come out and said that it would create some issues for him to create an angled wall like that, and in addition it would probably result in some cost overruns, and also said we probably just wouldn t like it. Dr. Goist Okay, any questions, Board members? We saw the drawings; we know what you did on the drawings. Any questions? Mr. Baldin? Mr. Baldin Nope, no questions. Dr. Goist None? Ms. Nowak And we did stake it out, we just staked it out after they came by. Dr. Goist Okay. Ms. Nowak So it s all staked out. Dr. Goist Okay, alright, and your public hearing will be the 24 th. Thanks. Mr. Baldin Thank you.

20 Page 20 of 31 5) ELIZABETH NOWAK, OWNER, Cont d Ms. Nowak Thank you. PUBLIC HEARINGS 6) JAMES PTACEK, OWNER Requesting a variance from Zoning Code Section , which permits one (1) accessory building and where two (2) accessory buildings are proposed in order to approve an existing Treehouse; property located at Benbow Road, PPN , zoned R1-75. Dr. Goist Now we move from new applications to public hearings and the first one is James Ptacek. If you would give us your name and address, please? Mr. Giovinazzi Sure, Brian Giovinazzi Chestnut Drive, Strongsville. Dr. Goist Okay. Mr. Giovinazzi I m here representing Mr. Ptacek, I built the house on Benbow. He called me a few weeks ago when Kathy reached out to him, and told him that he needed a variance for his treehouse. So I got the paperwork together for him. He subsequently called me today and asked if I could attend a meeting for this, so I don t know all the ins and outs of what s going on there. My relationship now with Jim is just a friendship. So I m happy to answer any questions that anyone has. He s asking for approval for a second accessory building. It is a treehouse for his daughter. And the existing accessory building on his property is a pool house that houses his pool equipment. Dr. Goist And you re not the builder? You did not build the treehouse? Mr. Giovinazzi I am not building the treehouse, I built his house. Dr. Goist But the treehouse is Mr. Giovinazzi But I m still a friend of his. Dr. Goist I understand, I think the treehouse is built. It may not be finalized. Mr. Giovinazzi It is, yeah, I drove by there the other day. Dr. Goist It may not be completed, but it s built. Mr. Giovinazzi Yeah. Dr. Goist So I have to ask our Building Department did was there a permit filed to build this.

21 Page 21 of 31 6) JAMES PTACEK, OWNER, Cont d Mr. Miller No there was not. Dr. Goist So there s no permit. Mr. Giovinazzi Correct. Dr. Goist Okay the next thing Mr. Giovinazzi That s my understanding. Dr. Goist the Building Department is going to want to know, and again I ll ask Mr. Miller or you, those pillars that he built it on, because it s a treehouse, quote treehouse, but the treehouse grows up through the house it s built on pillars, we need to know, or the Building Department s going to want to know, were there footers put in? Do you know that? Mr. Giovinazzi I don t know that, but I will certainly find that out if that is what the Board needs to know. Dr. Goist Well, that s another question that we need to find out, I mean this thing was built without a permit, and then a third thing that s been brought up an accessory structure, he also has an outdoor basketball court. That s also an accessory structure, and that require another variance. Mr. Giovinazzi Sure. Dr. Goist - So you need to talk with Mr. Ptacek. Mr. Giovinazzi And if I could just address what you, in the Caucus, I would knowing Jim like I do, I would just chalk it up to a little naivety maybe, and not that he s trying to you know, just build these structures. He thinks he can do it, and it s not you know, ha ha, I ll build a structure, and not get a building permit. I know him well enough to know that he thinks he can just put a basketball court down there because it s his property, you know he Mr. Baldin Without inquiring or anything, just I ll do what I want to do. Mr. Giovinazzi It so again, it s sure right, right, so I don t think it s anything malicious. So for what it s worth. Mr. Baldin I mean I m sure he had to go through a lot of hoops and so forth to get the place built. You built it. It s a very big house. I was in it two or three times when it was being built. Mr. Giovinazzi Yup.

22 Page 22 of 31 6) JAMES PTACEK, OWNER, Cont d Mr. Baldin Because I was curious, and it s very nice, and I know he bought the property and before building, and I m sure you had to meet a lot of codes doing that, and Jim knows that. I m sure a lot of codes had to be met. Mr. Giovinazzi Yeah. Mr. Baldin And why would he not think that a code would have to be met to put up another basketball court in, and put a house back there, and you can t answer that? Mr. Giovinazzi Yeah sure, I was just going to say, I wish I could answer that, but yeah, I don t know what he s thinking. You know, does he think, you know do you need a permit for a swing set? I don t think so, or do you? Mr. Miller Only if it exceeds certain dimensions. Mr. Giovinazzi Okay, so I don t know if he s thinking that hey, it s a treehouse so it s for my daughter so I who knows? Mr. Baldin I hear ya. Dr. Goist Brian, I think I understand what you re saying, but by definition, this is not a treehouse. This was built without a permit. Mr. Giovinazzi It s not a typical treehouse that I certainly would have to agree with. Dr. Goist Right, and it was built completely different. You know? Are there footers under there? I don t know. Mr. Giovinazzi Right. Dr. Goist But the Engineering Department is going to want to know that. So I think it behooves the owner to get together with the Building Department he already had no permit to build the basketball court, no permit to build this, and we don t know what he did to build them. We ll have to ask Mr. Kolick. Mr. Giovinazzi Sure. Dr. Goist And before we go from here. Mr. Giovinazzi I mean you guys have certainly been in this situation before, I have to imagine, so I don t know what the protocol would be. You know, obviously pulling a permit at this point he would be willing to do. So I don t know what the steps are.

23 Page 23 of 31 6) JAMES PTACEK, OWNER, Cont d Mr. Kolick There s a couple things we could do, Mr. Chairman. One, we can have him come here and address these issues. I mean, he will certainly know if there s a footer or would hope he would know. Mr. Giovinazzi Yeah, I don t know if he would know that. Mr. Kolick Then whoever built it for him would know if there s a footer. Someone built it for him if he didn t, and they certainly would know if there s a footer on there and what type of construction. Whoever built it Mr. Giovinazzi Sure. Mr. Kolick - should know. If it s not you, then whoever did build it would know. We could have him come in, we could have him first come to the Building Department and also address the issue of the outdoor basketball court. Maybe we need to just table this tonight, and have him, Mr. Ptacek, come up and address those issues and find out before you take any action on this thing. It may be the best way to go; if he had been here at tonight s meeting we could have told him that too. We re doing him a favor, moving it on, but if he s not here to answer questions now, and wasn t here last time. My suggestion is you table it to the next meeting. Let him come up, answer the questions. Then if he can t because he didn t build it, then let him find out from whoever he built it from and bring that individual up as well, and we can address the basketball court at the same time. Dr. Goist Do we go ahead and initiate the table? We can say we ll table this? Mr. Kolick We can table this because of lack of information from the owner, and we re still well within the time period anyway. According to this we received this August 20 th, so we re okay. Mr. Miller Mr. Chairman? Dr. Goist Yes. Mr. Miller I have a question for Mr. Kolick. I would think that the issue before the Board would be, if they were planning to grant this variance, if the variance was granted they would have to supply us and verify the type of construction before we would issue that permit, they would have to verify footings, they would have to submit plans. Two one of the questions is the this additional accessory structure that has now been brought to our attention. That I believe was installed without permit, which I will verify in the morning. So now we have an issue before the board where is one accessory structure is permitted, which would be that pool house. There are already two accessory structures constructed on site. That would be something that the Board would have to consider on how to proceed I think there. From that standpoint, because if the variance were not granted, structures to be removed. If the variance was granted, in lieu of the fact that the plans that were submitted are insufficient to

24 Page 24 of 31 6) JAMES PTACEK, OWNER, Cont d Mr. Miller continues - issue a permit. We would require as a department, require additional information and verification of footings for that treehouse structure. Mr. Kolick Mr. Chairman, the thought processes on this is if we act on this then he s going to need another variance for the basketball court anyway. We should get this all tied up at one time. Let s find out if we need the basketball court, it may be the opinion of this Board to only grant him two, and maybe he s going to need to choose between the treehouse and the basketball court. I don t know. I don t want to speak for the Board. But I d rather see everything being acted on here at one time rather than to piecemeal this one, and then have another one come up. Mr. Evans Mr. Kolick, am I not correct that Mr. Giovinazzi could fulfill the duty of bringing that information back to us? Mr. Ptacek would certainly be one party, but I believe he could empower Mr. Giovinazzi to do that on his behalf. Mr. Kolick He can, but whoever is here, we need them to answer Mr. Evans Right. Mr. Kolick - the questions. That s what we need. Mr. Giovinazzi And I could certainly next week, I could answer the questions about the basketball court. I think that s pretty there s not many questions about that other than there s no permit was pulled for that. And same with the treehouse, I can find out about the structure and footings too. But that s what I was thinking, you know, that before he went through the process and obtain permits here retroactively, it would be nice to know if the Board would even grant the variances for two additional accessory buildings, so three total. Mr. Kolick I guess, the problem is that they are both already there anyway. So it s not like granting them, and he ll be able to build it, they re both there. I think what we prefer to see, and I suggest to the Board, let s have him bring in plans showing what the treehouse is like. Bring in plans showing what the basketball court is. I don t know if there s any drainage problems, or if there s anything else with this basketball court, and it may be fine. I d rather see you act with having all those plans there. We get all the variances in front of us, and then you can make a determination as to what you want to do on all the variances at that time. And I m not saying that Mr. Ptacek has to be here Mr. Giovinazzi Right. Mr. Kolick as long as you can answer all the questions that come from the Board and we get all the sufficient plans at the City to have all the questions answered, that s fine. Mr. Giovinazzi Okay.

25 Page 25 of 31 6) JAMES PTACEK, OWNER, Cont d Mr. Evans Mr. Miller, typically we would not for a treehouse require plans. I m guessing at this point that there were probably not plans done for the treehouse based on what I saw. Yes, it s big, but I m guessing that someone didn t do a set of drawings for it first. Mr. Miller Right, I mean Mr. Evans Our concern is safety obviously, so you know, the footers would be the primary consideration because of the way the structure is supported. Mr. Miller Correct. Mr. Evans But beyond that would they need to have a full set of prints? Mr. Miller No, I think that is submitted, what we have in our packets is more than enough, but our question would be back to those footings. Mr. Evans Right. Yes. Mr. Miller That the actual framing and construction and component, we re okay with, but that would have been in the course of this coming across our desk, we would have addressed that issue at the time application. Mr. Evans Right. Mr. Miller I would also add that we would request on that basketball court a detail on the topo of where it is actually located, and how many feet from the dwelling. The size of the court, so we could proceed to see what might be required, if those plans were submitted to the Board. Mr. Giovinazzi Mike, you know, something about the footings. Is there a way that you want me to verify that? Because, you know, I think if I asked Jim if they were 12 deep right now, he might be like I think they are. So Mr. Miller I would I would.to my best knowledge, I mean, the application states that Mr. Ptacek actually was the contractor who built it so, I would advise you to discuss with him Mr. Giovinazzi Okay. Alright, I ll I ll I ll find out. Mr. Miller - who actually built it Mr. Giovinazzi Sure. Mr. Miller - and ask them to come back in front of us.

26 Page 26 of 31 6) JAMES PTACEK, OWNER, Cont d Mr. Giovinazzi Okay. Mr. Miller If the variance is granted by this Board, we will ask you to expose at least one of those footings to verify depth and diameter. Mr. Giovinazzi Yeah. Okay. Mr. Evans And being that you re under oath, I m sure he would probably come to visit you in jail or anything like that if he gave you the wrong information. Mr. Giovinazzi Yeah, I m sure he would too. Okay, very good. Mr. Kolick Mike, on the basketball court, what is it that you need other than the location of the site, do you have to worry about the depth or the concrete? Mr. Miller We would probably just Mr. Kolick or what s under it? Mr. Miller We d probably just ask for the location on the site plan because it s a playground, basically a recreational accessory structure. There s nothing that really governs if it falls apart next week, we as a Department don t care, there s no hazard. There s no safety hazard to anyone who s playing there Mr. Giovinazzi Right, it s just a four inch slab. Mr. Miller yeah, a four inch slab on grade which we would probably verify in there that, that s what we mostly see, a three and a half to four inch slab on a solid base. Which I m sure that even in Mr. Ptacek s limited knowledge of construction and the ordinances that are required, he s not going to invest the money that he invested into that court and do it substandard. Mr. Evans And I m sure there s a fire suppression system in the treehouse too. Mr. Giovinazzi and a sprinkler system Mr. Miller You never can tell. Dr. Goist And electricity and water. Mr. Baldin I would assume electricity is probably in there. I don t know that either. Mr. Giovinazzi I don t know that.

27 Page 27 of 31 6) JAMES PTACEK, OWNER, Cont d Mr. Baldin I mean we do have some preliminary plans, but we don t know enough about it at all. Mr. Miller The plans would be inconsistent not enough to approve a permit at this time. Mr. Giovinazzi That s what I was going to ask Mr. Baldin And may I ask Mr. Giovinazzi is that the plan that s what I was going to ask is that the plan I know you have a copy of the plans, I have one now too. Mr. Miller One page. Mr. Giovinazzi Is it not right, is it okay. Mr. Miller It would be insufficient to approve at this time because there s no footer detail Mr. Giovinazzi Gotcha. Mr. Miller And then there are the questions of any utilities that might be in that structure, right? And additionally I don t see any ingress or egress component. How are they getting up into this treehouse? I don t see any kind of stair detail, or how far it s from grade. Mr. Giovinazzi Is a rock climbing wall permissible? That s a serious question that s a serious question. Mr. Miller Yeah Dr. Goist It could be another structure. Mr. Evans If it was separate, if it s a part of the treehouse it s not. Dr. Goist Yeah. Mr. Miller I mean if it s a portion of the treehouse, you know, and again it s a recreational structure. Mr. Giovinazzi Sure.

28 Page 28 of 31 6) JAMES PTACEK, OWNER, Cont d Mr. Miller piece of equipment and not a dwelling, so it doesn t fall under the Residential Code of Ohio, although it would fall under our ordinances. In compliance with recreational equipment, and general safety too, iff there were stairs they would have to comply. If it was a slide, sliding board out of the construction, you know, out of the structure, then it would be a different story. A rockwall into the structure, a different story. Mr. Giovinazzi Okay. Mr. Miller So all of those would probably be reviewed, but the more information you would provide to the Board, I m sure that would be in Mr. Ptacek s advantage. Mr. Giovinazzi And I will be at the next meeting, is it next week? Mr. Miller It s actually Dr. Goist 24 th. Mr. Miller the 24 th. Mr. Giovinazzi 24 th. Okay. Mr. Kolick Mr. Chairman, if he s going to come out on the 24 th, I would suggest then that we add another variance, before we post this for a public hearing. I don t mind changing, you know, a variance that s similar to the one that s shown on and posted on a public notice, but to grant a whole new variance for a whole new accessory structure, that s a different story. So, why don t we, Kathy, publicize it, we ll continue the public hearing, and add on the second variance for another accessory structure, maybe the basketball court. And add that on as well, before the public hearing notices go out. Again, I know we ve got some discretion to changes, but a whole new variance for a whole new structure; I ve got a problem doing that without notifying the neighbors about it. Mr. Evans Mr. Chairman, I think it would be fair to say too, and Mr. Giovinazzi was part of the home construction where we had a couple variances, they went through the normal process for the home, and I would like to think that this is an oversight. Even though the two are existing and we normally try and wrap people on the wrist when they do these kinds of things. Mr. Ptacek has certainly invested a lot in this community. We re not trying to make it difficult, but we do want the structures to be safe. We want them to be within code, and properly done. I m sure Mr. Giovinazzi can help Mr. Ptacek get that process secured; if not as a friend, as a contractor, if Mr. Ptacek needs to retain him for that. Mr. Giovinazzi If the fee is right. I ll do that for him.