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VILLAGE OF CHAGRIN FALLS
BOARD OF ZONING APPEALS
July 26, 2011

Members present: Fricke, Williams, Loomis, Mignogna
Also present: Bloom, Schaltenbrand

The meeting was called to order at 8:06 p.m. by Chairman Wade Fricke.

APPROVAL OF MINUTES

Moved by Mr. Williams, seconded by Mrs. Loomis that the minutes of the meeting held April 26, 2011 be approved. Carried. Ayes: Fricke, Williams, Loomis, Mignogna. Nays: None.

SWEARING OF WITNESSES

All were sworn in.

STEVEN W. KING, 291 BELL STREET - REQUEST FOR A VARIANCE TO SECTION 1145.02(b), NONCONFORMING BUILDINGS, AND SECTION 1125.03(f), AREA, YARD, AND HEIGHT REGULATIONS: MAIN BUILDINGS, PERMANENT PARCEL NO. 931-19-015.

Mr. Fricke said you need three affirmative votes to pass your request. It is your choice, we are missing one person if you want to proceed we are happy to proceed. Mr. King said I would like to proceed.

Mr. King explained that it is an 1850's house laid out in more or less a traditional way. Historical significance was established on it by Ted Sande. It was his recommendation that although the house had been changed over the years several times that it was done in such a way to maintain its historical significance. He approved the changes that we are recommending to do to the house. He did not address the variance; that is not his purview. The houses on Bell in that area are all within the setback and particularly there is a slight turn in my house. After Cleveland it goes up and there is a steep part and it bends to the left and that is on the edge of my property.

Mr. Williams said you are actually doing some things to essentially preserve the house because of the way the roof lines drain and a part of the restoration is the bump-out that we are going to talk about in the setback. Is that right? Mr. King said yes. He said I always enjoy living in an older house and preserving it and I am forced to do it in a very historical way because I want to because I shoot my mouth off at ARB a lot and I better do it that way. The house has a bunch of small rooms as old homes often do. The bedroom is 6' x 8' or something in that neighborhood, which was a bedroom in those days but we would like to bump it out at least 8 feet to the east and then use that bump-out of 6' x 8', part of that extends into the area that is not today a setback. There were no setbacks in those days and there are now. The more major part of the addition is far in the back although it blends with the historical significance of the house I believe it is a part of the concern tonight. The 8' x 6' area of the extension of the bedroom is the part. Because we are extending the bedroom there are not a lot of options in terms of why don’t you go this way or that way. It is more or less a square bedroom that has been extended a little bit. Mr. King said you have a plot map but not the plans of the house. Mr. King showed the Board the plans for the house.

Mr. Williams said it looks like the original house sits approximately 25 feet into the front yard setback requirement. Is that accurate? There is a 35 foot setback requirement. It looks like the main part of the house, if you looked at the farthest corner towards the street, which would be the southeast corner, it looks like it is about 25 feet into that required setback. Mr. King said it also sits about 6 feet above the street.

Mr. Fricke asked, the rest of the shaded area is all behind your existing house? Mr. King said yes, and most of what you see there is just roof work. The actual addition is at a low spot here and changing the thing on the garage.

Mr. Williams asked, what is the square footage of that bump-out? The additional bump-out? Mr. King said 8' x 12.4'. Mr. Williams said you’ve got about 100 square feet being added.

Mr. King said it is a fairly tight neighborhood especially considering the geography. The neighbors on both sides think it is a great idea and wish me well. They are actually on the east where this is the bump-out we are talking about. It is a double lot and the neighbor’s house is eighty or ninety feet away.

Mr. Williams said I just want to make sure I understand what the variance request is. It looks like a proposed bump-out for the room you are going to turn into a bedroom and you are requesting an 11' 3" variance into the front yard set back requirement and the total square footage of the addition that will be sitting in the front yard setback is approximately 60 feet out of the roughly 99 square feet of the new addition that are going to be added on to the east side of the house. Mr. King said yes.
Moved by Mr. Williams, seconded by Mrs. Loomis to recommend approval of the variance request to Council to Sections 1145.02(b) and 1125.03(f) specifically front yard setback requirement for this particular property, which is an R1-60 property. The requirement under that section is a 35 foot front yard setback requirement. The applicant is requesting and 11' 3" variance request to that so they will be sitting approximately 24 feet from that front yard setback. The total addition is going to add approximately 60 square feet in that front yard setback and I would also like to acknowledge the fact that the original house, the 1815 historic house, sits approximately 25 feet into the front yard setback or ten feet from that front yard setback. The applicant is intending to restore and renovate to a certain extent this historic home, it has been declared a historically significant home, and that the general improvement is for the preservation of that home. I assume, Dave, that all the neighbors have been notified and there have been no objections to the proposed applicant’s variance to this request. Mr. Boom said yes. I would also like to note that I consider this variance request insubstantial and that only 60 square feet and 11' 3" into that front yard setback considering the original house is already sitting some 25 feet into that front yard setback. I would also like to add that the character of the neighborhood will not be negatively affected, in fact, it will be in my opinion substantially improved because of the restoration and renovation that is being done. Governmental services should not be affected by this; this is in the east yard and the driveway is in the west yard. One of the tests is, is the owners predicament feasibly obviated through some other means? Yes, it is by not putting that addition on but, again, because this is an insubstantial variance request I find that to be a nonissue. Also, is the spirit and intent behind the zoning requirement observed? Yes, it is. I think ths is a minimal request in terms of bringing the home up to an improved condition and also that I think the owner’s intent for this addition is generally an improvement to the Village overall.

Loomis: I vote to accept, aye.

Fricke: I vote aye for the reasons stated in the motion.

Williams: Aye.

Mignogna: Aye.

Mr. Fricke said this will go to Council on August 8, 2011.

The meeting adjourned at 8:25 p.m.





____________________________
Wade Fricke, Chairman
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