city of madeira board of zoning appeals agenda july 6 ... and commissions... · 7/6/2020 · bd....

CITY OF MADEIRA BOARD OF ZONING APPEALS

AGENDA

July 6, 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

Continued on next page >

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IX. HEARINGS ON APPLICATIONS

Public Hearing No. 1, Case BZA-20-021 Address: 7248 Osceola Drive Applicant: Colleen Sweeney Property Owner: 4Kids LLC Zone: Residence B (Single Family) Request: Side Yard Setback Variance for A/C Unit

Public Hearing No. 2, Case BZA-20-024 Address: 7226 Thomas Avenue Applicant: Mohamed Saleh Property Owner: Same Zone: Residence B (Single Family) Request: Front Yard Setback Variance (Corner Lot) for 6’ Privacy Fence

Public Hearing No. 3, Case BZA-20-025 Address: 7255 Rita Lane Applicant: Ryan Giorgiani Property Owner: Same Zone: Residence B (Single Family) Request: Side Yard Setback Variance for 6’ Privacy Fence Public Hearing No. 4, Case BZA-20-026 Address: 6220 Caribou Ct. Applicant: Matthias Zaragoza Property Owner: Same Zone: Residence A (Single Family) Request: Rear and Side Yard Setback Variances to Construct a Deck Public Hearing No. 5, Case BZA-20-028 Address: 7818 Dee Street Applicant: Jeffrey T. Petach Property Owner: Same Zone: Residence B (Single Family) Request: Front Yard Setback Variance to Construct a Front Porch

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

• June 1, 2020 XV. ADJOURNMENT

BOARD OF ZONING APPEALS STAFF REPORT Public Hearing Number: 1 Case Number: BZA-20-021 Address: 7248 Osceola Dr. Applicant: Colleen Sweeney Property Owner: 4Kids, LLC Zone: Residence B Request: Side Yard Setback Variance for Installation of A/C Unit Code Section: 150.29 Lot Requirement – Table E.1 Legal Notice: City of Madeira website – June 26, 2020 Meeting Date: July 6, 2020

Overview: The Applicant is requesting to locate an air conditioning unit in the required side yard setback. The unit would be relocated from the rear of the property to the south side yard. The house sits at the 6’ required side yard; the typical air conditioning unit is 3.34’ x 2.58’ and would encroach into the setback 3.34’ feet. Property History: There is no variance request history for this property on record. Abutting Property Uses: All surrounding properties are zoned, and used, as Residence B. Public Comment: No comments have been submitted to date.

BOARD OF ZONING APPEALS STAFF REPORT Public Hearing Number: 2 Case Number: BZA-20-024 Address: 7226 Thomas Avenue Applicant: Mohamed Saleh Property Owner: Same Zone: Residence B Request: Variance for a Front Yard Setback (corner lot) to Construct a Fence Code Section: Section 150.23 – RESIDENCE ZONE FENCING Legal Notice: City of Madeira website – June 26, 2020 Meeting Date: July 6, 2020

Overview: The Applicant is requesting to replace an existing fence on a corner lot at Thomas Drive and Sanoma Drive. The new fence is a 6’ tall vinyl privacy fence that will run along the Sanoma Drive side of the property. The existing fence is a 6’ tall wooden privacy fence. The fence location is on private property and not in the right-of way. Because the property is a corner lot, the area along Sanoma Drive is considered “front yard” under the Zoning Code. Per Section 150.23 of the Zoning Code, privacy fences are not permitted in the front yard. Property History: There is no variance request history for this property contained in the database. Abutting Property Uses: All surrounding properties are zoned, and used, as Residence A. Public Comment: No comments have been submitted to date.

BOARD OF ZONING APPEALS STAFF REPORT Public Hearing Number: 3 Case Number: BZA-20-025 Address: 7255 Rita Lane Applicant: Ryan Giorgiani Property Owner: Same Zone: Residence B Request: Privacy Fence in the Required Side Yard Setback Code Section: 150.23 Residence Zone Fencing Legal Notice: City of Madeira website – June 26, 2020 Meeting Date: July 6, 2020

Overview: The Applicant has requested to extend the existing rear yard privacy fence into the side yard. The fence extension, approximately 50 feet, would end at the front corner of the house. The Zoning Code requires that fences in the side (or front) yard not exceed 4ft in height and have a density of no more than 25%. Property History: There is no variance request history for this property on record. Abutting Property Uses: All surrounding properties are zoned, and used, as Residence B. Public Comment: No comments have been submitted 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

JUNE 1, 2020

I. CALL TO ORDER

The meeting was called to order by Mr. Karoly at 7:03 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 Grant Wenstrup

B. Officials/Staff present: Brian Fox, Law Director Tom Moeller, City Manager Lori Thompson, Assistant City Manager David Ballweg, ARO/Building Department

IV. REVIEW OF MEETING PROCESS AND PROCEDURES

Mr. Karoly reviewed the process for hearings and deciding upon cases.

V. ACCEPTANCE OF AGENDA Motion to accept the agenda made by Mr. Karoly, second by Mr. Lutz. Motion passed by 4-0-1 roll call vote.

VI. CORRESPONDENCE

None

VII. GUESTS AND REGISTERED VISITORS None

Madeira Board of Zoning Appeals Regular Meeting Minutes June 1, 2020 Page 2 of 6

VIII. HEARINGS ON APPLICATIONS

A. Public Hearing No. 1, Case BZA-20-014 Address: 7126 Sanoma Avenue Applicant: Charlie Roumani, Sanoma, LLC Property Owner: Same Zone: Residence B (Single Family) Request: Variances to build on an existing house on a legal nonconforming lot

• Mr. Karoly opened the public hearing at 7:07 p.m. • Mr. Moeller reviewed the staff report and noted the lot is legal nonconforming as it is

narrower and longer than allowed by code. The current front yard setback is 29.5 feet, and the proposed would not encroach any farther toward the street. The required front yard setback is 40 feet.

• Shannon Roush, the architect for the project, was administered the oath and said the depth of the porch would be the same, but the width of the porch would be wider. She said the plan is to expand to the back of the home and add a second story. She noted that about 64% of the homes on Sanoma do not meet the 40-foot front yard setback and that, given the nonconforming nature of the lot, any exterior improvements to the home would require a variance.

• Ms. Thompson said one comment was received saying the resident did not object as long as the drainage does not divert to the bottom of the hill. Mr. Moeller said the City strives to have all drainage go out to the street, and he believes this home has enough elevation that doing so shouldn’t be an issue.

• Mr. Karoly read the variance request worksheet and the applicant’s responses. He closed the public hearing at 7:21 p.m.

B. Public Hearing No. 2, Case BZA-20-016

Address: 7282 Thomas Drive Applicant: Maddie Chawner Hinson Property Owner: Same Zone: Residence B (Single Family) Request: Density variance (exceeding 25% density) for a fence in the required side yard

setback • Mr. Karoly opened the public hearing at 7:22 p.m. • Mr. Moeller reviewed the staff report and noted the home is on the corner of Thomas

and Rathon, so both the front and side yards have a 40-foot setback requirement. The fence would sit in the side yard setback on the Rathon side. The proposed picket fence would occupy less than 50% of the air space, which would exceed the 25% maximum density for fences in front and side yards. One comment from a resident was received in support of the request.

• Mr. Karoly confirmed Rathon is a cut-through street; four houses abut it, but no homes are located on Rathon.

• Maddie Hinson was administered the oath and said the new fence would replace their current fence. They chose a vinyl fence because they thought it would fit the character of the home better than aluminum.


• Mr. Karoly read the variance request worksheet and the applicant’s responses. He closed the public hearing at 7:29 p.m.

C. Public Hearing No. 3, Case BZA-20-018

Address: 7813 Mapleleaf Drive Applicant: Nick Francis Property Owner: Same Zone: Residence B (Single Family) Request: Front yard setback to construct a front porch

• Mr. Karoly opened the public hearing at 7:29 p.m. • Mr. Moeller reviewed the staff report and noted the lot is nonconforming as to

minimum size; it is 6,000 square feet and the minimum is 7,000 square feet. The home currently has a 35-foot setback, the requirement is for a 40-foot setback, and the proposed setback would be 27 feet. The request meets the requirements for the construction of the porch.

• Nick Francis was administered the oath and said the porch is similar to others on the street and would allow them to enjoy front porch living.

• Ms. Thompson said there were 10 emails received in support of the project. • Mr. Karoly read the variance request worksheet and the applicant’s responses. He

closed the public hearing at 7:36 p.m.

D. Public Hearing No. 4, Case BZA-20-020 Address: 7816 Camargo Road Applicant: Lori Eddleman Property Owner: Edgewood Investment Company Zone: Central Business District (M/CBD) Request: Sign variance

• Mr. Karoly opened the public hearing at 7:36 p.m. • Mr. Moeller reviewed the staff report and noted the applicant is requesting to replace

the current sign with two signs, one for each of the businesses in the building. The proposed sign would be 13 feet above grade; the code allows a sign to be a maximum of 12 feet above grade. The Architectural Review Officer (ARO) recommends approval contingent upon approval of the height variance.

• Lori Eddleman was administered the oath and said she would be replacing the current banner signs with permanent projection signage. Mr. Ballweg said he was working with the applicant on additional pedestrian signage between the posts.

• Mr. Karoly closed the public hearing at 7:46 p.m.

IX. ADJOURN FOR DELIBERATION

Motion to adjourn to deliberate the cases made by Mr. Karoly, second by Mr. Wenstrup. Motion passed by 4-0-1 roll call vote at 7:47 p.m.


X. RECONVENE FOR DECISION OF CASES

Motion to reconvene made by Mr. Karoly, second by Mr. Wenstrup. Motion passed by 4-0-1 roll call vote at 8:15 p.m. A. Public Hearing No. 1, Case BZA-20-014

Address: 7126 Sanoma Avenue Request: Variances to build on an existing house on a legal non-conforming lot

• Motion to approve Case BZA-20-014, as submitted with the acknowledgment that the application will include construction on a legal nonconforming lot, made by Mr. O’Malley, second by Mr. Lutz.

• In discussion, Mr. Karoly said they confirmed the front porch would not extend any closer to the street that the existing home. Motion to approve Case BZA-20-014, as submitted with the acknowledgment that the application will include construction on a legal nonconforming lot, 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-20-016

Address: 7282 Thomas Drive Request: Density variance (exceeding 25% density) for a fence in the required side yard

setback • Motion to approve Case BZA-20-016 as submitted made by Mr. Lutz, second by Mr.

O’Malley. • In discussion, Mr. Karoly said even though the home is on a corner, Rathon is a cut-

through street, so in his opinion, the side yard is more like a side yard on a regular lot.

Motion to approve Case BZA-20-016 passed by a roll call vote of 4-0-1.



C. Public Hearing No. 3, Case BZA-20-018

Address: 7813 Mapleleaf Drive Request: Front yard setback to construct a front porch

• Motion to approve Case BZA-20-018 as submitted made by Mr. Wenstrup, second by Mr. Karoly.

• In discussion, Mr. Karoly noted the applicant is meeting all the requirements for materials for a covered porch and said he thought the porch would be a nice addition to the neighborhood. He also said the porch would provide coverage to the front door. Motion to approve Case BZA-20-018, as submitted, passed by 4-0-1 roll call vote.


D. Public Hearing No. 4, Case BZA-20-020 Address: 7816 Camargo Road Request: Sign variance

• Motion to approve Case BZA-20-020 as submitted made by Mr. O’Malley, second by Mr. Wenstrup.

• In discussion, Mr. Karoly said the variance would allow the applicant to remove the temporary signage and is a good solution for a building for which signage is difficult. Motion to approve Case BZA-20-020, as submitted, passed by 4-0-1 roll call vote.


XI. NEW BUSINESS

1. Policy and Procedure Update

• Mr. Moeller said the City is updating the policies and procedures for both Planning Commission and BZA. The updates will be presented to the Board at the next meeting.

XII. OLD BUSINESS

None


XIII. ACCEPTANCE OF MINUTES Motion to approve the May 4, 2020 minutes made by Mr. Karoly, second by Mr. O’Malley. Motion approved by 4-0-1 roll call vote.

XIV. ADJOURNMENT

Motion made by Mr. Karoly, second by Mr. Wenstrup, to adjourn the meeting at 8:30 p.m. Motion approved by 4-0-1 roll call vote.

_______________________________ _______________________________ Steve Karoly Tom Moeller Board of Zoning Appeals, Chair City Manager

city of madeira board of zoning appeals agenda july 6 ... and commissions... · 7/6/2020 · bd....

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