CITY OF MADEIRA BOARD OF ZONING APPEALS AGENDA … and Commissions... · 1 day ago · Brown Twp.,...

CITY OF MADEIRA BOARD OF ZONING APPEALS

AGENDA

October 5, 2020 at 7:00 P.M.

Meeting proceedings will be available to the public via Zoom (Link is on the calendar for this meeting on www.madeiracity.com)

This regular meeting of the Board of Zoning Appeals is subject to Section 121.22 of the Ohio Revised Code, which is otherwise referred to as Ohio’s Open Meetings Act. Because some applications are “quasi-judicial” in nature, the Board of Zoning Appeals is authorized by Ohio law to adjourn the meeting for the purpose of deliberating the merits of such applications (See, TBC Westlake v. Hamilton County Bd. of Revision, 81 Ohio St.3d 58; State ex rel. Ross v. Crawford County Bd. of Elections, 125 Ohio St.3d 438; Pennell v. Brown Twp., 2016-Ohio-2652; Wightman v. Ohio Real Estate Comm’n, 2017-Ohio-756; State ex rel. Eaton v. Erie County Bd. of Elections, 2006-Ohio-966; Beachland Enters. v. City of Cleveland Bd. of Review, 2013-Ohio-5585). If the Board of Zoning Appeals elects to do so, it will temporarily adjourn the meeting after all of the Public Hearings have concluded. Then, upon completion of deliberations, the Board of Zoning Appeals will resume the meeting to discuss the application(s), vote on the same, and address any items remaining on the agenda. The Board of Zoning Appeals may delay voting on (or “table”) an applicant’s request if it determines additional information from the applicant or the administrative staff is necessary. While the applicant is not required to be present when the vote is taken, the applicant may stay in the chambers during deliberations and the meeting, once resumed, will remain open to the public. All of the Board of Zoning Appeals decisions will become final as soon as the Board (i) votes to approve the meeting minutes for the subject meeting where an application was orally voted upon, (ii) the Board votes in favor of a resolution related to an applicant’s request, or (iii) administrative staff issues written correspondence indicating whether the application was approved or denied.

I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. REVIEW OF MEETING PROCESS and PROCEDURE V. ACCEPTANCE OF AGENDA VI. CORRESPONDENCE

• None VII. GUESTS AND REGISTERED VISITORS

• None VIII. SWEARING-IN OF WITNESSES

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IX. HEARINGS ON APPLICATIONS

Public Hearing No. 1, Case BZA-20-044 Address: 7009 Maple Avenue Applicant: Ilona Hermann Property Owner: Ralf Vennemeyer Zone: Residence B (Single Family) Request: Variance to permit the construction of a 2nd accessory structure exceeding total

permitted square footage for accessory structures on the property

Public Hearing No. 2, Case BZA-20-045 Address: 6266 Lakota Drive Applicant: Steven C. Karoly Property Owner: Richard and Sandra Wagner Zone: Residence A (Single Family) Request: Rear yard setback variance to construct an addition

Public Hearing No. 3, Case BZA-20-046 Address: 6759 Rose Crest Avenue Applicant: Rick Gorman Property Owner: David and Debra Haizlip Zone: Residence A (Single Family) Request: Variance to construct a front porch on an existing legal non-conforming lot Public Hearing No. 4, Case BZA-20-047 Address: 7380 Laurel avenue Applicant: Chris Hjelm Property Owner: Karen Hjelm Zone: Residence B (Single Family) Request: Rear yard setback and lot coverage variance on an existing legal non-conforming

lot to construct a landing/deck

X. ADJOURN FOR DELIBERATION OF CASES XI. RECONVENE FOR DECISION ON CASES XII. NEW BUSINESS

• None XIII. OLD BUSINESS

• Policy and procedure update XIV. ACCEPTANCE OF MINUTES

• September 8, 2020 XV. ADJOURNMENT

BOARD OF ZONING APPEALS STAFF REPORT Public Hearing Number: 1 Case Number: BZA-20-044 Address: 7009 Maple Avenue Applicant: Ilona Hermann Property Owner: Ralf Vennemeyer Zone: Residence B (Single Family) Request: Variance to permit the construction of a 2nd accessory structure exceeding total

permitted square footage for accessory structures on the property Code Section: Sect. 150.09.C.6.c.3 – Accessory Buildings & Structures Legal Notice: City of Madeira website – September 25, 2020 Meeting Date: October 5, 2020

Overview: The Applicant/Owner has requested a variance to construct an accessory structure on the property. The proposal is for a 120 square foot shed to be added to the property. There is an existing detached garage that measures 216 square feet. Combined, the total accessory structure square footage would be 336 square feet, exceeding the permissible 160 square feet in the Residence B zoning district. The proposed shed meets the required setbacks, and, including the proposed shed, the lot coverage percentage is 20%. Property History: There are no previous zoning cases on record for this property. Abutting Property Uses: The surrounding properties are all in the Residence B District Public Comment: None to date.

BOARD OF ZONING APPEALS STAFF REPORT Public Hearing Number: 2 Case Number: BZA-20-045 Address: 6266 Lakota Avenue Applicant: Steven C. Karoly Property Owner: Richard and Sandra Wagner Zone: Residence A (Single Family) Request: Rear Yard Setback Variance to Construct an Addition Code Section: 150.29 – LOT REQUIREMENTS Legal Notice: City of Madeira website – September 25, 2020 Meeting Date: October 5, 2020

Overview: The Applicant has requested a rear yard setback variance to allow for the construction of an all-season room addition. The majority of the existing house is within the 40’ rear yard setback requirement; however, there is a small portion of the house that has a rear setback of 34’10”. The addition would encroach into the 40’ rear setback by 5’2” feet. Please note that the encroachment does not occur for the entire addition, only 57 square feet of the 441 square foot addition encroaches into the setback. All other zoning lot requirements are met, including lot coverage percentage which is calculated to be 22% with the addition. Property History: There are no previous zoning cases on file for this property. Abutting Property Uses: The properties on all sides of this subject property are in the Residence A. Public Comment: None to date.

BOARD OF ZONING APPEALS STAFF REPORT Public Hearing Number: 3 Case Number: BZA-20-046 Address: 6759 Rosecrest Avenue Applicant: Rick Gorman Property Owner: David and Debra Haizlip Zone: Residence A (Single Family) Request: Variance to Construct a Front Porch on an Existing Legal Non-Conforming Lot Code Section: 150.29 – LOT REQUIREMENTS Legal Notice: City of Madeira website – September 25, 2020 Meeting Date: October 5, 2020

Overview: The Applicant/Owner is requesting a variance to construct a covered front porch on an existing legal non-conforming lot. The lot is undersized for the Residence A district, measuring 5600 square feet, and the lot width is 40’. Residence A lots are required to be 11,700 square feet and have a minimum frontage of 75’. The proposed front porch will meet the front yard setback average for the street; the porch will sit at 30’-4”. The required front yard setback in the Residence A District is 50’; however, in this instance, front yard setback averaging can be used. The average front yard setback for this area is 30 feet. Property History: There are no previous zoning requests on file for this property. Abutting Property Uses: The properties on all sides of this subject property are in the Residence A zone. Public Comment: None to date on this submission.

BOARD OF ZONING APPEALS STAFF REPORT Public Hearing Number: 4 Case Number: BZA-20-047 Address: 7380 Laurel Avenue Applicant: Chris Hjelm Property Owner: Karen Hjelm Zone: Residence B (Single Family) Request: Rear Yard Setback and Lot Coverage Variance on an Existing Legal Non-

Conforming Lot to Construct a Landing /Deck Code Section: 150.29 – LOT REQUIREMENTS Legal Notice: City of Madeira website – September 25, 2020 Meeting Date: October 5, 2020

Overview: The Applicant is requesting a rear yard setback variance to construct a deck. The deck is currently under construction; however, work has been halted pending the resolution of this case. The Applicant requested and was denied approval of the deck at the September 8, 2020 BZA meeting. The current request is an alternative plan to the September 8th request. The current request before the BZA is for a 135.5 square foot landing/deck, which will lead to a concrete patio area. The landing/deck will extend into the required rear yard setback by 6 feet. Only the landing/deck is under review with this request as concrete patios are not calculated into the lot coverage percentage nor the setback requirement. The stairs are not included in the setback calculation per policy. Please note that the Building Code requires that a 3’ landing be constructed on the house. The house sits on a legal, non-conforming lot and received approval to build in 2019. The lot coverage percentage for the 2019 approval was 28%. With the proposed landing/deck, the lot coverage percentage increases to 30% Property History: The following cases have been heard in public hearing for this subject property: ZA-2017-0015 was heard by the Planning Commission on April 17, 2017. The request was for a front yard setback on an existing non-conforming lot; the request was denied.

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ZA-2017-0024 was heard by the Planning Commission on June 19, 2017. The request was for a front yard setback variance on an existing non-conforming lot and a lot coverage variance; the request was denied. BZA 19-039 was heard by the Board of Zoning Appeals on December 2, 2019. The request was for a minimum lot size and front yard setback variance to build on an existing legal non-conforming lot; the request was approved as submitted with the stipulation that the applicant would meet with the ARO Officer and the neighbor at 7101 Fowler Avenue to agree upon appropriate landscape screening. BZA 20-040 was heard by the Board of Zoning Appeals on September 8, 2020. The request was for a rear yard setback variance to construct a deck; the request was denied. Abutting Property Uses: The properties on all sides of this subject property are in the Residence B. Public Comment: None to date.

These minutes have not been approved by the City of Madeira Board of Zoning Appeals. Drafts of minutes have not yet been reviewed or corrected. Amendments may be made before a final approved version of the minutes is available. While comments are welcomed, we do not engage in changing or revising drafts of minutes until directed by a majority of the members of the Board of Zoning Appeals at a public meeting. The City of Madeira makes no warranty, expressed or implied, concerning the accuracy, completeness, reliability or suitability of these minutes until they are approved by the Madeira Board of Zoning Appeals.

MADEIRA BOARD OF ZONING APPEALS REGULAR MEETING MINUTES

SEPTEMBER 8, 2020

I. CALL TO ORDER

The meeting was called to order by Mr. Karoly at 7:10 p.m.

II. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mr. Karoly.

III. ROLL CALL

A. Members present: Members absent: Steve Karoly, Chair James Curee Christopher O’Malley Kent Lutz (present but audio not working) Grant Wenstrup

B. Officials/Staff present: Officials/Staff absent: Brian Fox, Law Director Lori Thompson, Assistant City Manager Tom Moeller, City Manager

David Ballweg, ARO/Building Department

IV. REVIEW OF MEETING PROCESS AND PROCEDURES

Mr. Fox advised that three positive votes were needed to approve an application. The applicants could postpone their hearing to a later date if they chose. Mr. Karoly reviewed the process for hearings and deciding upon cases.

V. ACCEPTANCE OF AGENDA

VI. CORRESPONDENCE

None

VII. GUESTS AND REGISTERED VISITORS None

Madeira Board of Zoning Appeals Regular Meeting Minutes September 8, 2020 Page 2 of 13

VIII. HEARINGS ON APPLICATIONS

A. Public Hearing No. 1, Case BZA-20-034

Address: 7129 Maple Avenue Applicant: Julie Gugino Property Owner: Same Zone: Residence B (Single Family) Request: Front yard setback variance to construct a front porch

• Mr. Karoly opened the public hearing at 7:15 p.m. • Mr. Moeller reviewed the staff report and noted the existing home sits at 32.3 feet;

the required front yard setback is 40 feet. Using setback averaging of four properties on either side, the average setback is 28.9 feet. The proposed porch would sit at 24.3 feet.

• Julie Gugino, 7129 Maple, confirmed she wanted to continue with the hearing and was administered the oath. She said the current stoop needed to be replaced; it is 6.5 feet deep, so the covered porch would extend 1.5 feet beyond that. She showed photos of the home in the 1950s when it did have a front porch that was removed in the 1980s.

• There were no public comments. Mr. Karoly read the variance request worksheet and the applicant’s responses. He closed the public hearing at 7:29 p.m.

B. Public Hearing No. 2, Case BZA-20-035

Address: 7811 Greenbriar Lane Applicant: Richard T. Ernst, Jr. Property Owner: Sherill L. Pattison Zone: Residence B (Single Family) Request: Front yard setback and lot coverage variance to construct a front porch

• Mr. Karoly opened the public hearing at 7:30 p.m. • Mr. Moeller reviewed the staff report and noted the home is on a legal

nonconforming lot, as it is undersized at 6,000 square feet (the minimum is 7,000 feet). With the addition of the front porch, the lot coverage would be at 29.9%, which exceeds the 28% maximum. In addition, a front yard setback is required; the average setback is 33.95 feet, and the proposed porch would sit at 27.5 feet.

• Robert Pattison, 7811 Greenbriar, confirmed he wanted to continue with the hearing and was administered the oath. Sherill Pattison and Richard Ernst were also administered the oath. Mr. Pattison said the porch addition would be part of an exterior upgrade project that will include paint and a new roof. Mr. Ernst said the home was built after World War II with little regard for curb appeal; the addition of the porch would make the home similar to others in the neighborhood.

• There were no public comments. Mr. Karoly read the variance request worksheet and the applicant’s responses; he noted, in addition to the responses, that the lot is


undersized so the addition would exceed the lot coverage maximum. He closed the public hearing at 7:41 p.m.

C. Public Hearing No. 3, Case BZA-20-036

Address: 7360 Mar Del Drive Applicant: Harry Holbert, H. C. Design Group Property Owner: Mr. and Mrs. Scott Schloss Zone: Residence A (Single Family) Request: Side yard setback and lot coverage variance for covered patio addition and a

second curb cut

• Mr. Karoly opened the public hearing at 7:42 p.m. • Mr. Moeller reviewed the staff report and noted the home is on a corner lot where the

required front/side yard setback is 50 feet. The application is to add a cover over an existing patio that aligns with the home and sits at 12.7 feet.

• A second request is for a second curb cut of 17 feet. There is an existing curb cut of just less than 16 feet, so the combined curb cut would be 32 feet; the maximum is 26 feet. There were three phone calls regarding this application: one did not give an opinion, one was in favor of the variances, and one was in favor of the setback variance but not the curb cut.

• Scott Schloss, 7360 Mar Del, confirmed he wanted to continue with the hearing and was administered the oath. Harry Holbert, architect, was administered the oath. Mr. Schloss said the roof would cover an existing walkway; the driveway would allow him to deliver firewood to the back without tearing up the yard and would keep his children from parking on the street as they acquire vehicles. The cement driveway would connect to their basketball court that would serve as a parking pad. Mr. Holbert reviewed the documents in the application. Mr. Karoly confirmed with Mr. Schloss that there is currently no parking allowed on the side of the street with the proposed curb cut.

• Janice Baker, 7270 Mar Del, was administered the oath and said she was in favor of the setback variance. She recalled a variance request prior to 2015 on the subject property for a commercial garage; the City did not find evidence of that request. She said there are currently commercial vehicles in that area that make it hazardous for walkers and bikers, and she opposes the curb cut because she fears it would lead to more commercial parking in that area and another request for a commercial garage. Mr. Schloss responded that his brother, who was a commercial roofer, used to live there but has since moved; Mr. Schloss does not own a commercial vehicle. He also said he asked for a wide curb cut because the street is narrow and it would make it easier to turn into.

• Mr. Karoly noted that a17-foot curb cut is not an issue; the variance is needed because the proposed curb cut and the existing curb cut combine to more than is permitted. Mr. Holbert asked if it was correct that if the second curb cut were 10 feet they would not need a variance. Mr. Moeller confirmed that was the case. Mr. Holbert said the intent of the driveway is keep vehicles off the street. He also said he


would be open to adding a condition upon approval that the driveway would not contain commercial vehicles.

• There were no additional public comments. Mr. Karoly read the variance request worksheet and the applicant’s responses. He closed the public hearing at 8:08 p.m.

D. Public Hearing No. 4, Case BZA-20-037

Address: 6429 Kenwood Road Applicant: Ralph Fruechtemeyer, Zicka Homes Property Owner: Zicka Homes Zone: Residence AA (Single Family) Request: Side yard setback variance to locate an air conditioning unit

• Mr. Karoly opened the public hearing at 8:09 p.m. • Mr. Moeller reviewed the staff report and noted the A/C unit would extend 4 feet into

the required setback of 12 feet. The property was part of a lot split with no variances that was approved in 2017. Mr. Karoly noted the site plan showed a generator in addition to the A/C unit; he asked if the case could continue if the advertisement did not include the generator.

• Ralph Fruechtemeyer, of Zicka Homes, was administered the oath and said the generator was included in the application. Mr. Moeller confirmed the advertisement did not specify what would be placed in the setback; Mr. Fox advised to continue the hearing. Mr. Fruechtemeyer said he was not aware the units would count toward the setback. He said the neighboring home is well off the property line on that side, and the homeowner would landscape around the units when completed. The City did not receive comment from the neighboring homeowner. Mr. Fruechtemeyer said the units could be placed on the other side, but they would create a noise issue, as they would be next to the master bedroom.


E. Public Hearing No. 5, Case BZA-20-038

Address: 7830 Thomas Drive Applicant: Douglas and Susan Walouke Property Owner: Same Zone: Residence B (Single Family) Request: Variance to construct an accessory structure exceeding permitted size

• Mr. Karoly opened the public hearing at 8:20 p.m. • Mr. Moeller reviewed the staff report and noted the proposed detached two-car

garage would be 484 square feet, which exceeds the permitted size of 160 square feet. No setback or lot coverage variances would be required. The City received one call regarding the request but no opinion was given.

• Doug Walouke, 7830 Thomas, was administered the oath and said their intent would be to put the structure closer to the 4-foot line than was noted on the staff report. He said the existing shed would be moved to the opposite corner of the property. The


longer driveway and garage would give them more space to park cars, as street parking is limited in that area due to the Elementary School.

• Mr. Moeller, when asked, said the lot size is 8700 square feet, which is 1700 square feet larger than the minimum lot size in Residence B.


F. Public Hearing No. 6, Case BZA-20-039

Address: 7236 Jethve Lane Applicant: Adam Town Property Owner: Same Zone: Residence B (Single Family) Request: Side yard setback variance to construct an attached garage

• Mr. Karoly opened the public hearing at 8:30 p.m. • Mr. Moeller reviewed the staff report and noted the home is on a corner lot and the

proposed garage would extend into the front/side yard. The required setback is 50 feet; the existing home sits at 6.6 feet, and the proposed garage would be consistent with the house. The home with the garage would not exceed the lot coverage requirement.

• Adam Town, 7236 Jethve, and Bill Turner, project engineer, were administered the oath. Mr. Town said there is an existing garage and apron; the existing apron would not be enlarged. The variance and new garage would allow them to move their two vehicles into the driveway and off the street. He noted all the siding on the home will be removed to match the siding used on the new garage.


G. Public Hearing No. 7, Case BZA-20-040

Address: 7380 Laurel Avenue Applicant: Chris Hjelm Property Owner: Karen Hjelm Zone: Residence B (Single Family) Request: Rear yard setback to construct a deck

• Mr. Karoly opened the public hearing at 8:40 p.m. • Mr. Moeller reviewed the staff report and noted the deck is currently under

construction, but building has been halted pending the outcome of this case. The proposed deck is 252 square feet and extends into the setback 12 feet. In addition to the setback variance, a lot coverage variance is required as the lot coverage with the deck would be 37%; the maximum in Residence B is 28%. The home was built in 2019 with a concrete patio; concrete does not count toward the lot coverage. The property has a history of variance requests. Scott Altman sent a letter to the City opposing the request.


• When asked, Mr. Ballweg confirmed a concrete landing pad 3 feet by the width of the sliding door was approved when the house was built.

• Chris Hjelm, 7104 Summit, was administered the oath and said there was a miscommunication between himself and the builder as to whether a deck was allowed. Mr. Hjelm spoke with the neighbors and all are in support of the variance; Mr. Altman was in favor after Mr. Hjelm spoke to him about a landscape barrier. The landscape barrier on the Fowler side would be 25 arbor vitae; the barrier toward Mr. Altman would include 10-foot Norway spruce, or similar, and arbor vitae.

• Andrew and Chelsea Alanis, 7101 Fowler, were administered the oath. Mr. Alanis said Mr. Hjelm has been very responsive to all their concerns about the project.

• There were no other public comments. Mr. Karoly read the variance request worksheet and the applicant’s responses; Mr. Karoly added that decks require a permit, so if the builder had gotten a permit, this would have been addressed earlier. He closed the public hearing at 8:57 p.m.

H. Public Hearing No. 8, Case BZA-20-041

Address: 7328 Osceola Drive Applicant: Jayson Roland Property Owner: Same Zone: Residence B (Single Family) Request: Side yard setback variance for locating an air conditioning unit

• Mr. Karoly opened the public hearing at 8:58 p.m. • Mr. Moeller reviewed the staff report and noted the applicant has requested to move

the A/C unit to accommodate the construction of a deck on the rear of the structure. The side yard setback in Residence B is 6 feet; the unit would sit at 5.75 feet.

• Jayson Roland, 7328 Osceola, was administered the oath and said he approached the neighbor on that side about moving the unit, and they had no objection.


I. Public Hearing No. 9, Case BZA-20-042

Address: 7280 Thomas Drive Applicant: Jamie Swindon Property Owner: Same Zone: Residence B (Single Family) Request: Side yard setback variance and approval of an extension of a privacy fence

• Mr. Karoly opened the public hearing at 9:04 p.m. • Mr. Moeller reviewed the staff report and noted the home is on a corner lot. The

request is for a 6-foot privacy fence along the Rathon side, which would be an extension of their neighbor’s fence. Fences in the side yard are required to be no taller than 4 feet with density no greater than 25%. Two residents in favor of the variance contacted the City.


• Jamie and Patrick Swindon, 7280 Thomas, were administered the oath, and Ms. Swindon said they would like to enclose the entire back yard with a privacy fence. Rathon is a cut-through road with no houses facing it. The home has several windows on the Rathon side and the fence would allow them the privacy and security that other corner and interior homes have. The second area that would need a variance is on the other side where they are replacing a split rail fence with a privacy fence. The request is to end the fence where the current fence ends to align with the neighbor’s fence.


J. Public Hearing No. 10, Case BZA-20-043

Address: 7530 Shewango Way Applicant: Jason and Kristina Peters Property Owner: Same Zone: Residence A (Single Family) Request: Setback variance for construction of a deck and fence

• Mr. Karoly opened the public hearing at 9:13 p.m. • Mr. Moeller reviewed the staff report and noted the home is on a legal

nonconforming corner lot. The applicant is requesting front/side and rear yard setbacks for the construction of a deck. The home currently has a 27.41-foot rear setback; the proposed deck would reduce the setback to 15.41 feet. The deck would also extend into the front/side yard setback where a 16-foot variance is requested.

• Additionally, the applicant has requested a variance to construct a fence in the front and side yards that has a density greater than 25%.

• Work on the construction has started but has been halted pending the outcome of the case. The original contractor said they had secured permits, but the City has no record of them doing so. The two adjoining homeowners contacted the City in favor of the request, and two residents contacted the City in opposition to the requests.

• Kristina and Jason Peters, 7530 Shewango, were administered the oath. Ms. Peters said the fence would enclose the rear of the house and side yard where the children and pets play; it would meet up with the neighbor’s existing fence. The deck would replace the deteriorating steps and serve as a landing from the back door.


IX. ADJOURN FOR DELIBERATION

Motion to adjourn to deliberate the cases made by Mr. Wenstrup, second by Mr. Karoly. Motion passed by 4-0-1 roll call vote at 9:26 p.m.


X. RECONVENE FOR DECISION OF CASES

Motion to reconvene made by Mr. Karoly, second by Mr. Lutz, at 10:17 p.m. Motion passed by 4-0-1 roll call vote. A. Public Hearing No. 1, Case BZA-20-034

Address: 7129 Maple Avenue Request: Front yard setback variance to construct a front porch

• Motion to approve Case BZA-20-034 as submitted made by Mr. Karoly, second by

Mr. Lutz. • In discussion, Mr. Karoly noted there is documentation that there was a porch and

adding one again would be in keeping with the original intent of the neighborhood. Motion to approve Case BZA-20-034 as submitted passed by 4-0-1 roll call vote.

Steve Karoly yes James Curee absent Kent Lutz yes Christopher O’Malley yes Grant Wenstrup yes

B. Public Hearing No. 2, Case BZA-20-035

Address: 7811 Greenbriar Lane Request: Front yard setback and lot coverage variance to construct a front porch


Mr. O’Malley. • In discussion, Mr. Karoly said the porch adds character to the existing structure and

gives the owners cover over the front door. Although the lot coverage would be more than 28%, the addition is open and not blocking any views. Mr. Wenstrup said he’s been hearing dissatisfaction with lots that have coverage over the 28%. Motion to approve Case BZA-20-035 as submitted passed by 3-1-1 roll call vote.

Steve Karoly yes James Curee absent Kent Lutz yes Christopher O’Malley yes Grant Wenstrup no

C. Public Hearing No. 3, Case BZA-20-036

Address: 7360 Mar Del Drive Request: Side yard setback variance for covered patio addition and a second curb cut

• Motion to approve the side yard setback for the porch addition in Case BZA-20-036

as submitted made by Mr. Karoly, second by Mr. O’Malley.


• In discussion, Mr. Karoly noted he is in favor because the addition is in alignment with the house. Motion to approve the side yard setback for the porch addition in Case BZA-20-036 as submitted passed by 3-1-1 roll call vote.

Steve Karoly yes James Curee absent Kent Lutz no Christopher O’Malley yes Grant Wenstrup yes

• Motion to approve the second curb cut in Case BZA-20-036 as submitted made by Mr. Karoly, second by Mr. O’Malley.

• In discussion, Mr. Karoly said the addition of the driveway would improve the safety of Fowler, but the width of the apron was a concern as there could be other options that wouldn’t require the variance. Motion to approve the second curb cut in Case BZA-20-036 as submitted was denied by 0-4-1 roll call vote.

Steve Karoly no James Curee absent Kent Lutz no Christopher O’Malley no Grant Wenstrup no

D. Public Hearing No. 4, Case BZA-20-037 Address: 6429 Kenwood Road Request: Side yard setback variance to locate an air conditioning unit

• Motion to approve Case BZA-20-037 for a side yard variance of 4 feet for both the

A/C units and the generator made by Mr. Karoly, second by Mr. Lutz. • In discussion, Mr. Karoly noted it’s preferred that these units be in the backyard so

the noise doesn’t disturb neighbors; since the adjoining neighbor did not oppose the request, Mr. Karoly would not oppose it. Motion to approve Case BZA-20-037 as submitted passed by 4-0-1 roll call vote.



E. Public Hearing No. 5, Case BZA-20-038

Address: 7830 Thomas Drive Request: Variance to construct an accessory structure exceeding permitted size


Mr. O’Malley. • In discussion, Mr. Karoly said he thought the garage was appropriately sized for this

large lot. He noted the variance did not include the addition to the house; that would need to come back as a separate case if a variance were required. Motion to approve Case BZA-20-038 as submitted passed by 4-0-1 roll call vote.


F. Public Hearing No. 6, Case BZA-20-039

Address: 7236 Jethve Lane Request: Side yard setback variance to construct an attached garage

• Motion to approve Case BZA-20-039 as submitted made by Mr. Lutz, second by Mr.

O’Malley. • In discussion, Mr. Karoly noted the proposed garage is in line with the existing

structure, and it’s well below the lot coverage. He did ask that the applicant consult with staff regarding the location of the garage, as its current position would not allow for a car to be parked in the driveway. Motion to approve Case BZA-20-039 as submitted passed by 4-0-1 roll call vote.


G. Public Hearing No. 7, Case BZA-20-040

Address: 7380 Laurel Avenue Request: Rear yard setback to construct a deck

• Motion made by Mr. Karoly, second by Mr. Lutz, to approve the deck in Case BZA-

20-040 as constructed with the agreement between the homeowner and the adjoining neighbors to the east and north of the property along with the ARO on the caliber and height of the proposed landscaping that has already been discussed.

• In discussion, Mr. Karoly said he’s recommending approval because any platform for


the back patio door would impact the neighbor to the north; ensuring there is large and high vegetation would seem to satisfy all parties. Mr. O’Malley agreed saying that while the deck did not have a permit and it did not have a variance, it is pragmatic to approve the variance given the excessive and detailed landscaping. Motion to approve the deck in Case BZA-20-040 as constructed with the agreement between the homeowner and the adjoining neighbors to the east and north of the property along with the ARO on the caliber and height of the proposed landscaping that has already been discussed was denied by 2-2-1 roll call vote.

Steve Karoly yes James Curee absent Kent Lutz no Christopher O’Malley yes Grant Wenstrup no

H. Public Hearing No. 8, Case BZA-20-041

Address: 7328 Osceola Drive Request: Side yard setback variance for locating an air conditioning unit

• Motion to approve Case BZA-20-041 as submitted made by Mr. Lutz, second by Mr.

Karoly. • In discussion, Mr. Karoly noted the variance is very minimal.

Motion to approve Case BZA-20-041 as submitted passed by 4-0-1 roll call vote.


I. Public Hearing No. 9, Case BZA-20-042

Address: 7280 Thomas Drive Request: Side yard setback variance and approval of an extension of a privacy fence


Mr. Lutz. • In discussion, Mr. Karoly noted that any construction on this property would require

a variance. He said he liked that the rear fence is in line with the rear of the house and that the fence on the south aligns with the neighbor’s existing fence.


Motion to approve Case BZA-20-042 as submitted passed by 3-0-2 roll call vote.

Steve Karoly yes James Curee absent Kent Lutz yes Christopher O’Malley abstain Grant Wenstrup yes

J. Public Hearing No. 10, Case BZA-20-043

Address: 7530 Shewango Way Request: Setback variance for construction of a deck and fence

• Motion to approve Case BZA-20-043 on the condition the fence along Shewango is

no less than 6 feet from the right-of way; the fence along North Mingo is no less than 6 feet from the right-of-way; the deck is no less than 34 feet from the North Mingo right-of-way and 15 feet from the property line to the north; and any improvements made to the fence and deck must be approved by the ARO through the permitting process made by Mr. Karoly, second by Mr. O’Malley.

• In discussion, Mr. Karoly said the motion was based on lack of detail on the provided plan. The applicant would need to get a survey and work with the City to verify where the fence would be located. He also noted the property is nonconforming so any work would require a variance. Motion to approve Case BZA-20-043 on the condition the fence along Shewango is no less than 6 feet from the right-of way; the fence along North Mingo is no less than 6 feet from the right-of-way; the deck is no less than 34 feet from the North Mingo right-of-way and 15 feet from the property line to the north; and any improvements made to the fence and deck must be approved by the ARO through the permitting process was denied by 2-2-1 roll call vote.

Steve Karoly yes James Curee absent Kent Lutz no Christopher O’Malley abstain Grant Wenstrup yes

XI. NEW BUSINESS

None

XII. OLD BUSINESS

None


XIII. ACCEPTANCE OF MINUTES

Motion to approve the August 3, 2020 minutes made by Mr. Lutz, second by Mr. Wenstrup. Motion approved by 3-0-2 roll call vote, with Mr. Karoly abstaining.

XIV. ADJOURNMENT

Motion made by Mr. Karoly, second by Mr. Wenstrup, to adjourn the meeting at 10:47 p.m. Motion approved by 4-0-1 roll call vote.

_______________________________ _______________________________ Steven Karoly Tom Moeller Board of Zoning Appeals Chair City Manager

CITY OF MADEIRA BOARD OF ZONING APPEALS AGENDA … and Commissions... · 1 day ago · Brown Twp.,...

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