CITY OF HIGHLAND HEIGHTS
HELD: APRIL 23, 2007
PRESENT: Commissioners Kerr, Knezevic, Mastrangelo, Pilla, Urban;
Recording Clerk Olson; Building Commissioner Stouffer
ABSENT: None
MOTION ON THE MINUTES: The reading of the Minutes of the regular meeting held March 26, 2007 was dispensed with. Mr. Pilla moved to accept the Minutes as written; seconded by Mr. Kerr. Ayes Kerr, Mastrangelo, Pilla; abstain Knezevic, Urban. Motion carried.
The reading of the Minutes of the regular meeting held April 9, 2007 was dispensed with. Mr. Kerr moved to accept the Minutes as written; seconded by Mr. Knezevic. Ayes Kerr, Knezevic, Mastrangelo, Urban; abstain Pilla. Motion carried.
The reading of the Minutes of the Public Hearing for Philips Medical Systems held April 9, 2007 was dispensed with. Mr. Kerr moved to accept the Minutes as written; seconded by Mr. Knezevic. Ayes Kerr, Knezevic, Mastrangelo, Urban; abstain Pilla. Motion carried.
CHANGE TO THE AGENDA: Agenda item #3: Cuyahoga County Airport Hanger Facility, is tabled per the request of the applicant.
SUBJECT: CDT HOMES, 341 EAST EDINBURGH, S/L 25, ABERDEEN AREA “H”
PZ01009-1 VARIANCE TO FIREPLACE REQUIREMENTS
Joe Tracz, CDT Custom Homes, P.O. Box 43350 , Highland Heights, Ohio 44143, appeared before the Commission to review a request for a variance to fireplace requirements for the proposed home to be located at 341 East Edinburgh Drive, S/L 25, Aberdeen Area “H”.
Mr. Tracz stated that he is requesting a variance from Highland Heights Building Code chapter 1305, Section HHC 1557.02(c): “Factory-Built Fireplaces” which states that metal chimneys must be installed within approved masonry chimneys, to allow three vented factory-built metal chimneys that are not enclosed within masonry walls to be installed at the proposed home at 341 East Edinburgh. Mr. Tracz said that the State Residential Building Code (Ohio H. B. 175) that was enacted in 2006 and which supersedes municipal building codes does not require that metal fireplace units be enclosed in masonry walls.
Mr. Tracz stated that he is proposing to install gas, vented fireplaces that will have brick on the exterior of the chimneys in order to comply with the aesthetic standards within the city. Chairman Mastrangelo replied that the city maintains the right to enforce aesthetic standards.
Building Commissioner Stouffer stated that our local code which prohibits metal chimneys that are not enclosed in masonry walls was originally enacted as a fire safety issue. Mr. Tracz replied that the metal factory-built fireplaces sold today are an industry standard and are very safe.
Mr. Tracz stated that the State Residential Building Code was established in 2006 and defines a uniform building code that is in effect for all municipalities throughout the State of Ohio and which supersedes all existing municipal building codes. He said that there are 22 ordinances in the Highland Heights code that conflict with the Ohio building code. He stated that he approached the Highland Heights Building Department in 2006 for the city’s position regarding the conflict of state and local code but has not received a response.
Mr. Knezevic stated that litigation may be in progress by a group in Columbus seeking to uphold municipal codes in order to avoid the erosion of home rule that is enacted for aesthetic and safety reasons. In response to Mr. Knezevic’s inquiry as to the difference in cost in fireplaces with masonry walls vs. non-masonry walls, Mr. Tracz replied that it is approximately $20,000 less for the three non-masonry lined fireplaces. Mr. Knezevic replied that monetary matters alone do not constitute a hardship when requesting a variance.
Building Commissioner Stouffer stated that he is not aware of any moratorium on the enforcement of the state code. He said that this matter is before Council and that our Law Director must rule on this matter.
Chairman Mastrangelo stated that he will contact Law Director Paluf for a ruling on the matter of state vs. local code. He advised that a Public Hearing will be held on May 14, 2007 if Law Director Paluf determines that it is necessary.
SUBJECT: CUYAHOGA COUNTY AIRPORT HANGAR FACILITY, CURTISS WRIGHT PARKWAY
PZ07004 PRELIMINARY SITE PLAN APPROVAL
The applicant had given prior notice requesting that this matter be tabled.
Building Commissioner Stouffer stated that the proposed hangar facility, which will be occupied by a charter service, bisects the cities of Highland Heights and Richmond Heights and that the two cities have met to discuss the matter. He said that the two cities have met to discuss this matter and that issues have been resolved from an operational standpoint should the hangar facility be built. He stated that the proposed location has a minimal impact on the city of Highland Heights. He said that Richmond Heights wishes to handle all aesthetics with regard to the building. He stated that the Highland Heights ARB granted preliminary approval today.
SUBJECT: HACKERS PUB, 5596 HIGHLAND ROAD
PZ07001 VARIANCE TO GREENSPACE AND PARKING REQUIREMENTS TO ALLOW A PATIO AND OUTDOOR DINING
Peter Mooney, owner, Hackers Pub, 5596 Highland Road, appeared before the Commission to obtain three variances for a proposed patio to allow outdoor dining. The Public Hearing was held on February 26, 2007
Chairman Mastrangelo stated that the Commission is in receipt of a letter dated April 17, 2007 from John DiStefano, the landlord of the property at 5596 Highland Road under lease to Hackers Pub, giving permission for Hackers Pub to proceed with the construction of the proposed patio.
MOTION: A motion was made by Mr. Knezevic to grant Hackers Pub, on property located at 5596 Highland Road, a variance of 3% from Section 1143.02: “NONRESIDENTIAL AREA SCHEDULE”, which requires a minimum yard landscape of 20%, to allow a yard landscape of 17%; seconded by Mr. Kerr. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
MOTION: A motion was made by Mr. Knezevic to grant Hackers Pub, on property located at 5596 Highland Road, a variance of 64 parking spaces from Section 1141.06(o): “SCHEDULE OF REQUIRED OFF-STREET PARKING SPACES” which requires 124 parking spaces (1 space per 50 square feet of floor area or 1 space for each 2 seats, whichever requires the greater number of spaces; in either case add 10 spaces to the greater), to allow 60 parking spaces; seconded by Mr. Kerr. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
MOTION: A motion was made by Mr. Urban to grant Hackers Pub, on property located at 5596 Highland Road, a variance from Section 1131.04(c)(1)B2: “USE REGULATIONS/Local Business District, which requires that the consumption of food and beverages be done within the confines of the main use structure, to allow the consumption of food and beverages on a proposed outdoor patio, contingent on outdoor background music playing no later than 10:00 p.m. Sundays thru Thursdays, and no later than 12:00 a.m. on Fridays and Saturdays; and contingent on outdoor live entertainment allowed by permit only and only on Fridays and Saturdays no later than 11:00 p.m.; seconded by Mr. Kerr. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
Chairman Mastrangelo requested that the clerk poll the Commissioners in the majority for their reasoning in the matter in which they voted. The consensus of the Commission for approving the green space variance was the uniqueness of the corner lot and it’s small size; the consensus of the Commission for approving the parking variance was that the parking lot is shared by Hackers Pub and the deli which primarily have opposite business hours; and the consensus of the Commission for allowing outdoor dining is the desirability for the community.
SUBJECT: HACKERS PUB, 5596 HIGHLAND ROAD
PZ07001 FINAL PLAN APPROVAL OF OUTDOOR PATIO
Chairman Mastrangelo stated that the Commission does not have a letter of approval from the city Landscape Architect which is a prerequisite for final plan approval of the proposed patio.
Building Commissioner Stouffer stated that he arranged for a meeting between the city Landscape Architect and Jim Wallace, the landscaper for the project. He said that the two parties met but did not submit a letter of approval for the project. He stated that the city Landscape Architect did not object to the concept of the landscape plan, but that he did inquire as to the species and height of the proposed arborvitae that will be planted around the perimeter of the patio.
The Commission stipulated that a building permit will not be issued until after Landscape Architect approval.
Mr. Mooney said that the proposed patio will be made of stamped, colored concrete surrounded by a three-foot high aluminum fence and arborvitae lining the outside of the fence.
MOTION: A motion was made by Mr. Kerr to grant final plan approval to Hackers Pub, on property located at 5596 Highland Road, for the outdoor patio presented in the drawing dated March 31, 2007; seconded by Mr. Knezevic. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
ADJOURNMENT: A motion to adjourn the meeting was made by Mr. Pilla and seconded by Mr. Kerr. Said meeting adjourned at 8:55 p.m.
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Susan M. Olson, Recording Clerk
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Robert J. Mastrangelo, Chairman