CITY OF HIGHLAND HEIGHTS
HELD: NOVEMBER 13, 2006
PRESENT: Commissioners Kerr, Knezevic, Mastrangelo, Pilla, Urban;
Recording Clerk Olson
ABSENT: Interim Building Commissioner Jamieson
MOTION ON THE MINUTES: The reading of the Minutes of the regular meeting held October 23, 2006 was dispensed with. Mr. Urban moved to accept the Minutes as written; seconded by Mr. Knezevic. Ayes Kerr, Knezevic, Mastrangelo, Urban; abstain Pilla. Motion carried.
DISCUSSION OF HOLIDAY MEETING SCHEDULE: Chairman Mastrangelo recommended that the regular meetings scheduled for November 27th and December 11th be held, and that the regular meeting scheduled for December 25th be canceled. The Commission agreed.
WELCOME GUESTS: Chairman Mastrangelo extended a warm welcome to Joseph Silk and Timothy Bencic, students at NDCL, who are observing the meeting for their U. S. Government class.
SUBJECT: HIGHLAND WELLNESS CENTER, 840 BRAINARD ROAD
PZ06022 VARIANCES TO SIGN REQUIREMENTS
Dr. Daniel Duffy, representing Highland Wellness Center, 840 Brainard Road, appeared before the Commission to obtain variances for a proposed ground sign at 840 Brainard Road. The Public Hearing was held prior to the regular meeting.
MOTION: A motion was made by Mr. Urban to grant Highland Wellness Center, on property located at 840 Brainard Road, a variance of 21 square feet from Section 1145.06(1)A: “BUSINESS DISTRICT SIGNS/Ground signs”, which establishes a maximum area of 20 square feet, to allow a ground sign with a total area of 41 square feet; seconded by Mr. Pilla. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
MOTION: A motion was made by Mr. Pilla to grant Highland Wellness Center, on property located at 840 Brainard Road, a variance of up to 10’ from Section 1145.06(1)A: “BUSINESS DISTRICT SIGNS/Ground signs”, which establishes a minimum setback of 15’ from the street right of way, to allow a ground sign with a minimum 5’ setback from the street right of way but no closer to the street than the existing curbing of the existing adjacent parking space; seconded by Mr. Urban. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
Chairman Mastrangelo advised the applicant to submit a revised sign drawing to the Building Department for ARB approval. He advised the applicant to submit a landscape plan for the base of the sign to the Building Department. He advised the applicant that after he obtains approval from ARB for the sign, he must then appear before the Commission for landscape approval. The applicant indicated he would handle both these matters at the ARB and Commission meetings scheduled for November 27, 2006.
Chairman Mastrangelo requested that the clerk poll the Commissioners in the majority as to their reasoning for the manner in which they voted. The consensus of the Commission for approving the variances that exceed the ground sign area and minimum setback requirements established by code was that a practical difficulty was shown with regard to the obstructions that impair the view of the sign, including large trees and a parking space directly adjacent to the proposed sign.
SUBJECT: MARK DAMANKOS, 999 CRANBROOK DRIVE
PZ06023 VARIANCE TO FENCE REQUIREMENTS
Mark Damankos, homeowner, 999 Cranbrook Drive, appeared before the Commission to obtain a variance for a proposed 4’ high chain link fence at 999 Cranbrook Drive. The Public Hearing was held prior to the regular meeting.
MOTION: A motion was made by Mr. Pilla to grant Mark Damankos, on property located at 999 Cranbrook Drive, a variance of 32’ from Section 1123.21(b)(2): “FENCES; Permitted Fences; Chain link fences”, which establishes that chain link fences shall be permitted only in rear yards, to allow a 4’ high chain link fence to extend 32’ forward of the rear yard building line on the northerly property line, then to proceed south 15.1’ to the side door of the house; seconded by Mr. Knezevic. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
Chairman Mastrangelo advised the applicant that he needs to obtain a permit from the Building Department.
Chairman Mastrangelo requested that the clerk poll the Commissioners in the majority as to their reasoning for the manner in which they voted. The consensus of the Commission for approving the variance was that a practical difficulty was shown with regard to the raised 2’ high deck in the rear yard which made joining the fence to the side of the house necessary for safety reasons; the configuration of the shape of the rear of the house that caused the amount of the variance to be larger than most; and that the fence should enclose the side door to the garage to contain young children and a large dog.
SUBJECT: S.R.S. CONSTRUCTION, INC., ABERDEEN AREA “H”
PZ06026 HOME BUILDER APPROVAL
No one was present for this matter.
Mr. Knezevic stated that he is aware that S.R.S. Construction has a history of home construction problems within his (Mr. Knezevic’s) neighborhood, and consequently, will not support approval of S.R.S. Construction without some type of security from the builder, such as the posting of a significant bond. Chairman Mastrangelo stated that he will consult Law Director Paluf on this matter.
SUBJECT: RIAZ AHMAD, 363 LEVERETT LANE
PZ06025 VARIANCE TO DRIVEWAY WIDTH REQUIREMENTS
Riaz Ahmad, homeowner, 363 Leverett Lane, appeared before the Commission to obtain a variance of 6’3” to the maximum driveway width requirement of 20’ to widen the existing driveway at 363 Leverett Lane.
Mr. Ahmad stated that his house is located at the corner of two busy streets. He said that there are five cars in his household, causing a lot of congestion in the two-car garage driveway. He stated that the existing driveway is 18’ wide and 60’ long. He said that he is proposing to widen the driveway along the south side of the property to allow enough space to park two cars. He stated that he is proposing to widen the driveway an additional 8’3” for a length of 40’, resulting in a final driveway width of 26’3”.
The applicant had submitted a drawing showing the top of the driveway addition closest to the garage as a 45 degree angle. Chairman Mastrangelo inquired if the applicant would consider squaring the edge. The applicant agreed. The applicant stated that he is uncertain as to the best way to angle or curve the lower edge of the addition to the existing driveway. The Commission agreed to discuss this matter at the next meeting. Chairman Mastrangelo advised the applicant that it is not necessary to add curbing along the south edge of the driveway addition.
Chairman Mastrangelo advised that a Public Hearing will be held on November 27, 2006.
SUBJECT: DISTEFANO DELI/BAKERY, 5600 HIGHLAND ROAD
PZ06024 VARIANCE TO REAR YARD SETBACK REQUIREMENTS
John DiStefano, DiStefano Deli/Bakery, 5600 Highland Road, and Sheldon Gross, Applebrook Design, 30275 Bainbridge Road, Building A Suite 1, Solon, Ohio 44139, appeared before the Commission to review a request for a variance to rear yard setback requirements for a proposed addition to the rear of the existing delicatessen at 5600 Highland Road.
(Note: The applicants originally appeared before the Commission with this same variance request on August 22, 2005. The variance was granted at a Public Hearing held on September 12, 2005; however, the building expansion project was never executed and the one-year term for the variance has expired.)
Mr. Gross stated that the expansion project is the same as was proposed in 2005 which is a 44’8” wide by 21’ long two-story brick addition matching the existing brick to be added to the rear of the building. He said the second story will house offices and will have double-hung windows. He said the first-floor will house a new kitchen area. He stated there will be two side doors facing west: a delivery entrance and a customer entrance and both will have canopies as required by code.
With regard to dumpsters, Mr. Gross stated that two dumpsters will be placed behind and to the west of the new addition along the existing wooden fence owned by the adjacent neighbor on the south property line. He said that access to the dumpsters is only required before the start of business hours and that three new parking spaces have been added in front of the dumpsters. Chairman Mastrangelo inquired if the dumpsters could be moved next to the southwest garage so that they would not be as close and offensive to the adjacent neighbor to the south. He said this would also eliminate the parking spaces adjacent to the garage that pose a visual hazard.
Chairman Mastrangelo reminded the applicants that the existing garage located on the southwest corner of the property behind the bar/restaurant must be demolished by April 1, 2007, according to the terms of the final plan approval granted for the bar/restaurant on February 14, 2005 as follow: (MOTION: A motion was made by Mr. Knezevic to grant approval for the revised site plan dated January 26, 2005 to Michelino DiStefano for the renovation of the bar/restaurant located at 5596 Highland Road, contingent upon: 1) review by the Police Department of the rear driveway with regard to parking/safety issues; and 2) the existing garage on the southwest corner of the lot being removed one year after occupancy of the revised structure; seconded by Mr. Kerr. Roll call on the motion. Ayes Knezevic, Mastrangelo, Murphy, Urban, Kerr. Ayes all; motion carried.)
Mr. DiStefano replied that he agrees he had given his word to demolish the garage; however, is now requesting to keep the southwest garage for storage of bakery equipment. He said that he needs this overflow storage because the second garage located on the southeast corner of the property will be torn down (Note: southwest garage dimensions are 30’ (north-south) by 34’ (east-west)).
Mr. DiStefano stated that the Commission had identified the southwest garage as a hazard to traffic flow and parking safety. He said it is his understanding that only the Chief of Police or the Officer on Duty can make such a determination. Mr. Knezevic replied that the planning function of the Commission includes review of traffic issues and that it is the Commission’s right to make such determinations.
Mr. Urban noted that employees’ cars are being parking at an angle in the driveway of the southwest garage and that it is an eyesore. Mr. Gross agreed and recommended that the Building Department cite the tenant. Mr. Pilla stated that he will advise Council of this matter because Council has received complaints in the past.
Mr. DiStefano said that 70% of the southwest garage is currently being used to store equipment but that he is selling some of those items. In response to Mr. Knezevic’s inquiry if a storage area can be incorporated into the proposed building addition, Mr. Gross replied no because of their limited budget. Mr. Knezevic stated that in his opinion the southwest garage is not an appropriate building for the restaurant parcel and should be demolished to improve the appearance of the area and that the applicant should consider using a local self-storage facility.
Chairman Mastrangelo stated that the DiStefano property has only 10% greenspace and does not meet the 20% greenspace required by code. He said that demolition of the southwest garage would add additional greenspace.
Mr. Gross stated that the southwest garage is masonry and in good condition and proposed that the garage be allowed to remain with the following stipulations: 1) install mirrors on the corner of the garage as a visual aid into the parking lot aisleway for the parking spaces near the garage; 2) install concrete blocks in the southwest garage driveway with the feature that allows grass to be planted in them; 3) eliminate parking in the grassed driveway; and 4) plant arborvitae along the front of the grassed driveway.
A second option that Mr. Gross proposed was to remove the southwest garage and replace it with a metal out-building, approximately 10’ x 12’ or 10’ x 14’, to be used for overflow storage.
Chairman Mastrangelo recommended that the applicant submit a revised plan addressing the concrete block paving plan of the southwest garage driveway, as well as a solution for the existing angled parking on the southwest garage driveway, and a recalculation of the greenspace that would meet code to allow the garage to remain. Mr. DiStefano replied that he will receive bids for the project on November 30, 2006 and will be able to review his options at that time. He said that he wants to start construction immediately after Christmas. Chairman Mastrangelo replied that the Commission would need to grant final plan approval no later than the regular meeting scheduled for December 11, 2006.
With regard to the fate of the southwest garage, Chairman Mastrangelo stated that it can be addressed at a later date and be treated as a separate issue from the deli expansion plans; however, at this time it remains that the southwest garage will be demolished no later than April 1, 2007.
Mr. Gross said that ARB granted approval earlier today with the condition that the safety railing on the top of the building be extended to the corners of the building to comply with OSHA regulations. Mr. Gross said that Building Inspector Wilson gave the plans to the City Engineer earlier today. Chairman Mastrangelo said that he would forward the plans to the Police and Fire Departments.
Mr. Gross stated that the deli will be closed February 5 – 12, 2007, for CEI service.
Chairman Mastrangelo stated that a Public Hearing will be held on November 27, 2006.
ADJOURNMENT: A motion to adjourn the meeting was made by Mr. Pilla and seconded by Mr. Urban. Said meeting adjourned at 10:10 p.m.
_________________________________
Susan M. Olson, Recording Clerk
_________________________________
Robert J. Mastrangelo, Chairman