CITY OF HIGHLAND HEIGHTS
HELD: SEPTEMBER 10, 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 August 27, 2007 was dispensed with. Mr. Knezevic moved to accept the Minutes as written; seconded by Mr. Kerr. Ayes all; motion carried.
The reading of the Minutes of the Public Hearing for Donald L. Barr & Co. held August 27, 2007 was dispensed with. Mr. Pilla moved to accept the Minutes as written; seconded by Mr. Kerr. Ayes Kerr, Mastrangelo, Pilla, Urban; abstain Knezevic. Motion carried.
SUBJECT: ABERDEEN COMMONS ASSISTED LIVING DEVELOPMENT, 399 BISHOP ROAD
PZ07007 VARIANCE TO PERIOD OF VALIDITY AND TRANSFERABILITY OF CONDITIONAL USE PERMIT
Scott Allen, President, LifeServices Development Corporation, 1625 Lowell Avenue, Erie, Pennsylvania 16505, appeared before the Commission to request a variance to the period of validity and transferability for the conditional use permit granted by the Commission on June 11, 2007 for the proposed Aberdeen Commons Assisted Living Development located at 399 Bishop Road.
(History: The Commission granted a conditional use permit on June 11, 2007 for the assisted living project as follows: MOTION: A motion was made by Mr. Urban to grant a Conditional Use Permit per Section 1109.03(d) for the establishment of an assisted living facility owned and operated by LifeServices Development Corporation, on property located at 399 Bishop Road, Permanent Parcels 821-07-010 and 821-07-012, sublots 1 and 2 of the Aberdeen Business Park, a P-C-M District, contingent on the Conditional Use Permit remaining in effect as long as the facility is owned and operated by LifeServices Development Corporation; seconded by Mr. Knezevic. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Urban. Ayes all; motion carried.)
Mr. Allen had submitted a Building Permit Application request form dated September 4, 2007 to the building department, along with a letter requesting that the non-transferability requirement and the two-year period of validity requirement of the conditional use permit for the assisted living project be waived.
Building Commissioner Stouffer, per the direction of Law Director Paluf, responded to Mr. Allen in a letter dated September 10, 2007 denying the building permit because he does not have the authority to waive the non-transferability and validity requirements, and advised the applicant that he may request a variance to the terms of the conditional use permit.
Mr. Allen had submitted a copy of a letter from his Lender’s counsel dated August 23, 2007 which stated that the Lender has denied financing for the assisted living project because the conditional use permit is not transferable and that the period of validity is only two years.
Mr. Allen stated that he is requesting a variance to Section 1109.05 to set the initial period of validity of the conditional use permit to a minimum of 15 years. Chairman Mastrangelo stated that should the Commission grant a period of validity of 15 years, the applicant could then come before the Commission in two or three years to request an extension to this period of validity.
Mr. Allen stated that the assisted living development is subject to annual inspections by the State of Ohio Department of Health as part of its licensing procedure. He said that the proposed single-use building is not adaptable to other uses.
Chairman Mastrangelo advised that a Public Hearing will be held on September 24, 2007.
SUBJECT: JAMES MORAN, ABERDEEN SUBDIVISION
PZ07013 NEW BUILDER APPROVAL
James Moran, P.O. Box 175, Gates Mills, Ohio 44040, appeared before the Commission to request new builder approval in the Aberdeen subdivision.
(History: Mr. Moran had appeared at the regular meeting held on August 27, 2007 to request new builder approval in the Aberdeen subdivision. He did not have the required approvals, and was instructed by the Commission to obtain written approval from the Highland Heights ARB and Ronald Kluchin, Aberdeen ARB.)
Mr. Moran submitted a letter from Edward Surovi dated August 31, 2007, written with the approval of Ronald Kluchin who is out of the country, approving Mr. Moran as a builder in Aberdeen.
The city ARB approved Mr. Moran as a builder in Aberdeen, per the Minutes of the ARB dated September 10, 2007.
Mr. Moran stated that he has built many single family homes with his father, J.H.M. Contractors, Fort Lauderdale, Florida, who has been a licensed, general contractor in the state of Florida since 1977. Mr. Moran had submitted photos of six of the homes built by J.H.M. Contractors.
Mr. Moran presented documentation from the State of Florida building records website that no complaint information was found for JHM Contractors.
MOTION: A motion was made by Mr. Pilla to grant home builder approval to James Moran in the Aberdeen subdivision, seconded by Mr. Urban. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
SUBJECT: JAMES MORAN, 330 GLASGOW DRIVE, S/L 59, ABERDEEN AREA “H”
PZ07013 FINAL HOME APPROVAL
James Moran, P.O. Box 175, Gates Mills, Ohio 44040, appeared before the Commission to obtain final home approval for the proposed home to be located at 330 Glasgow Drive, S/L 59, Aberdeen Area “H”.
(History: Mr. Moran had appeared at the regular meeting held on August 27, 2007 to request final home approval for the proposed home to be located at 330 Glasgow Drive, S/L 59, Aberdeen Area “H”. He had not obtained the required approval signatures as listed on the signature approval sheet.)
Mr. Moran stated that he purchased S/L 59 in Aberdeen Area “H” from Ed Surovi, Forest City Enterprises. He said that he intends to build a home on this lot for his family and will act as the owner/builder. He said that S/L 59 is not on the golf course.
Mr. Moran presented the completed signature approval sheet and site plan.
MOTION: A motion was made by Mr. Pilla to grant final home approval to James Moran for the proposed home to be located at 330 Glasgow Drive, S/L 59, Aberdeen Area “H”; seconded by Mr. Kerr. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
Chairman Mastrangelo signed the signature approval sheet and returned it to Building Commissioner Stouffer.
SUBJECT: BRIAN HIMMEL, 416 MEDWAY ROAD
PZ07008 VARIANCE TO DRIVEWAY WIDTH REQUIREMENTS
Brian Himmel, homeowner, 416 Medway Road, appeared before the Commission to request a variance for the proposed expansion of the existing driveway at 416 Medway Road.
(History: Mr. Himmel had appeared at the regular meeting held on June 25, 2007 to request variances to side yard setback and garage depth requirements for a proposed 1st floor addition. He is withdrawing the variance request and is not pursuing the project at this time.)
Mr. Himmel stated that he is proposing to add a parking pad and wants to widen the existing 18 foot wide driveway to 25 feet for a length of 25 feet then tapering to 20 feet over the next 7 feet of driveway length. After discussion with the Commission, the applicant changed his request to a driveway width of 27 feet for a length of 25 feet. The remaining driveway will be widened from 18 feet to 20 feet as allowed by code.
Building Commissioner Stouffer recommended that the driveway width from the tree lawn sidewalk to the street and the curb cut remain at the existing 18 feet. The applicant agreed.
Chairman Mastrangelo advised the applicant to submit a revised Application for Hearing form. He advised that a Public Hearing will be held on September 24, 2007.
SUBJECT: LESTER & RAE MILLER, 621 HANFORD DRIVE
PZ07016 VARIANCE TO FENCE REQUIREMENTS
The applicant was not present to discuss this matter.
SUBJECT: JAMES & MARILYN ZEMANEK, 781 KENNELWOOD DRIVE
PZ07017 VARIANCE TO REAR YARD SETBACK REQUIREMENTS
James Zemanek, homeowner, 781 Kennelwood Drive, appeared before the Commission to request a variance to the rear yard setback requirement for a proposed 1st floor addition to the existing home at 781 Kennelwood Drive.
Mr. Zemanek stated that he is proposing to add a 1st floor bedroom and bathroom and extend the kitchen area on his pie-shaped, cul-de-sac lot. He said that his house borders the city park on the east lot line and borders the adjacent lot at 5875 Wilson Mills Road on the southeast property line. He said that the distance from his house to the adjacent house at 5875 Wilson Mills Road is approximately 200 feet.
Chairman Mastrangelo reviewed the site plan and stated that the original minimum required rear yard setback was 55 feet for this lot. He said that a variance of approximately 5 feet to the required rear yard setback was granted years ago. The Commission concluded that the proposed addition could not be added to the opposite side of the house because it would not line up correctly.
Chairman Mastrangelo advised that a Public Hearing will be held on September 24, 2007.
SUBJECT: DONALD L. BARR & CO., THE LEGENDS AT ABERDEEN, ABERDEEN AREA “J”, PHASE IV
PZ06018 IMPROVEMENT AND FINAL PLAT APPROVALS
Donald Barr, Donald L. Barr & Co., Legends Building Co., 7059 Old Mill Road, Chesterland, Ohio 44026, appeared before the Commission to obtain improvement and final plat approvals for the Legends at Aberdeen, Aberdeen Area “J”, Phase IV.
Mr. Barr had submitted copies of the improvement plans (13 pages) dated November and December, 2006. He submitted a list of improvement plan approvals that have been granted for the Legends at Aberdeen, Phase IV as follows: City Engineer - 5/21/07; Fire Department – 6/11/07; Police Department – 7/16/07; City ARB – 9/10/07; Master Association ARB (Ronald Kluchin) – 9/10/07; and Landscape Architect – 8/8/07.
Mr. Barr submitted a list of the collar palettes “A” thru “D” designating the colors of the various building materials for each palette, including shingles, metal roof, soffit/fascia/gutters, rakes/trim, vinyl siding, stone, shutters, entry door, garage door and brick.
Chairman Mastrangelo requested that Mr. Barr submit a reduced copy of the matrix that was established to satisfy the look-alike ordinance that lists the sublots and the buildings along with the colors of the building materials for each of the buildings. He requested that Mr. Barr submit reduced drawings of the final architecturals.
MOTION: A motion was made by Mr. Kerr to grant improvement plan approval to Donald L. Barr & Co. for the Legends at Aberdeen, Aberdeen Area “J”, Phase IV, contingent on approval by Council for the two variances to front yard setbacks approved by the Commission on August 27, 2007; seconded by Mr. Pilla. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
Mr. Barr had submitted copies of the subdivision plat (3 pages) dated April, 2007 along with a list of the required approvals as follows: City Engineer – 7/23/07; and Homeowners’ Association approval by the City Law Director – 8/25/06.
MOTION: A motion was made by Mr. Pilla to grant final plat approval for the Legends at Aberdeen, Aberdeen Area “J”, Phase IV; seconded by Mr. Urban. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
SUBJECT: DONALD L. BARR & CO., THE LEGENDS AT ABERDEEN, ABERDEEN AREA “J”, PHASE IV
PZ06018 LOT SPLIT AND CONSOLIDATION, PARCEL “J-2D” AND BLOCK “G”
Donald Barr, Donald L. Barr & Co., Legends Building Co., 7059 Old Mill Road, Chesterland, Ohio 44026, appeared before the Commission to request lot split and consolidation approval.
Mr. Barr stated that he purchased parcel “J-2D” from a larger parcel owned by Miner Properties. He said that it is the intent of this lot split to subsequently attach split parcel “J-2D” to the adjacent Block “G” that is owned by Donald L. Barr & Co.
The Commission is in receipt of a letter from the City Engineer dated July 23, 2007 approving the lot split and consolidation.
MOTION: A motion was made by Mr. Kerr to grant lot split and consolidation approval for parcels “J-2D” and BLOCK “G” for the Legends at Aberdeen, Aberdeen Area “J”, Phase IV; seconded by Mr. Knezevic. Roll call on the motion. Ayes Kerr, Knezevic, Mastrangelo, Pilla, Urban. Ayes all; motion carried.
SUBJECT: STONEWATER GOLF CLUB, ONE CLUB DRIVE, ABERDEEN SUBDIVISION
PZ07019 PROPOSED FENCING IN ABERDEEN AREAS “H”, “I” & “J”
Commissioner Knezevic recused himself from this matter because of his professional affiliation with Stonewater Golf Club.
Anthony Coyne, Esq., MGGM, 55 Public Square, Suite 2150, Cleveland, Ohio 44113, land use counsel for Stonewater Golf Club, and John Clapacs, representing Stonewater Golf Club, One Club Drive, Highland Heights, Ohio 44143, appeared before the Commission to discuss their proposed installation of a 5-foot high chain link fence in areas “H”, “I”, and “J” of the Aberdeen subdivision that border the golf course.
Mr. Coyne had submitted a 7-page letter dated September 5, 2007 to the Planning and Zoning Commission citing “. . . Stonewater Golf Course’s intention of installing fencing along certain property line areas in which there have been or threaten to be encroachments into the 25-foot no-build strip separating the golf course from all residential development adjacent to it.” The letter referenced three documents that apply to the circumstances, namely, the Aberdeen Tri-Party Development Agreement; the Declaration of Easements, Covenants and Restrictions; and the Master Declaration of Covenants, Easements and Restrictions for Aberdeen. He said that the restrictions in the documents are meant to protect the property rights of Stonewater Golf Club and to protect the residents in the adjacent lots from errant golf balls.
Mr. Coyne stated that there are encroachments by residential property owners into the 25-foot no-build strip. He said that there are three instances in which the City has given permission to encroach into the setback area. In response to Chairman Mastrangelo’s inquiry as to how many homeowners have been given permission by Stonewater to encroach into the setback area, the applicant replied three.
Mr. Clapacs presented photographs of many of the encroachments, including, but not limited to, patios, steps, playground equipment, landscaping and changes to grading and swales that affect drainage and in some cases kill trees on the golf course property. He said that Building Commissioner Stouffer, City Engineer Blackley and Law Director Paluf have accompanied him in locating the violations on the golf course property. Chairman Mastrangelo replied that the City has been requesting from the golf club the addresses of those lots in violation. Mr. Coyne replied that he does not know the addresses. Mr. Clapacs expressed frustration that he has not been advised of any work sessions that have been held regarding this issue.
Chairman Mastrangelo said that the City has already required that one homeowner in Area “H” raze their enclosed patio because it encroached into the required setback area. He said that the home builders are aware of the setback area; however, those that add landscaping, decks and patios may not be aware of the setback area. Chairman Mastrangelo stated that the Commission is now requiring that the site plans for lots in Area “H” that border the golf course must indicate the areas on the lot where improvements such as decks, etc. can be located in order to protect the 25-foot setback areas.
Mr. Coyne stated that they are proposing to install a 5-foot high chain link fence. In response to Chairman Mastrangelo’s inquiry if a split rail fence could be substituted, Mr. Coyne replied no because it would not provide the same protection from errant golf balls. Chairman Mastrangelo advised the applicant that the chain link fence installed by the golf club along the residential area on Sandhurst Drive is in poor condition, not maintained and overgrown with poison ivy.
Mr. Urban expressed concern that the proposed fencing will create an artificial boundary line that could result in homeowners building even closer to the fence. He said that a chain link fence could be perceived as an eyesore and will not eliminate the encroachment problem and will not offer protection from errant golf balls. He said that everyone agrees that it is necessary to rectify the encroachment violations.
Chairman Mastrangelo referenced the Declaration of Covenants, Easements and Restrictions, Article III, Section 8: “Violation of Article III”, that states that the declarant (golf club) shall give written notice to those in violation “to terminate, remove or extinguish such violation”. In response to Chairman Mastrangelo’s inquiry if the applicant has taken such measures, Mr. Clapacs replied no because they have been reporting the violations to the City. Chairman Mastrangelo stated that it is also written that golfers may retrieve errant golf balls from residential lots and that a chain link fence would deem that impossible.
Chairman Mastrangelo requested that the applicant provide a list of addresses in violation to allow the City an opportunity to address those violations. He stated that this matter will be referred to the Law Director. Mr. Coyne replied that he still wants to request a variance to install a fence.
SUBJECT: HIGHLAND DEVELOPMENT PARTNERS, LLC, BISHOP ROAD (SOUTH OF HAWTHORNE DRIVE)
PZ07018 PROPOSED SUBDIVISION
Mark Zervos, Century 21, 10 Public Square, Willoughby, Ohio, representing Highland Development Partners, LLC, 9499 Hoose Road, Concord, Ohio 44060, appeared before the Commission for a preliminary discussion of proposed development for a residential subdivision on property located on Bishop Road just south of Hawthorne Drive.
The applicant had submitted a conceptual plan for a proposed subdivision. Mr. Zervos stated that they are seeking feedback from the Commission on their proposal.
Chairman Mastrangelo stated that the lots comply with code; however, it appears that variances would be necessary in order to build homes in the proposed $500,000 to $1,000,000 price range. He said that the cul-de-sac lots would have a very small building footprint in order to comply with code. He suggested that the developer contact the City which is the owner of the adjacent land to the south regarding the possibility of purchasing the land.
Mr. Knezevic stated that the lots only have the minimum front and rear yard setbacks and that variances would be required for the addition of decks, sunrooms, etc. He said that the residents on Hawthorne Drive that are adjacent to the proposed development are entitled to the proper setbacks. He stated that homes that are 37 feet deep are too narrow for lots in the proposed $180,000 to $200,000 price range. He suggested that the developer attempt to purchase additional land.
Chairman Mastrangelo recommended that the applicant contact the City Engineer regarding retention basin issues.
SUBJECT: BP PRODUCTS NORTH AMERICA, INC., 6267 WILSON MILLS ROAD
PZ07020 VARIANCES TO YARD AND SIGNAGE REQUIREMENTS FOR PROPOSED GAS STATION
Nathan Reid, Entitlement Manager, BP Products North America, Inc., 7007 Discovery Boulevard, Dublin, Ohio 43017, appeared before the Commission to request nine variances for the proposed redevelopment of the existing BP gas station at the intersection of Wilson Mills Road and Alpha Drive.
Mr. Reid said that the existing BP station will be razed and a new 3,600 square foot convenient store and fueling canopy will be constructed. He stated that the existing pole sign will be relocated and refaced and will have LED pricing and that the area and height of the sign will remain the same. Mr. Reid stated that they are requesting a variance to allow 6 colors on their signage. He said that they are requesting variances to lot area and setback requirements. He stated that the city ARB approved the plans and signage today.
Mr. Knezevic stated that he does not see a hardship for additional sign colors and that the proposed intersection is already cluttered. Mr. Reid inquired as to how many sign colors the Marathon station across the street was allowed. Chairman Mastrangelo replied he will investigate.
In response to Chairman Mastrangelo’s inquiry as to why the sign will be relocated, Mr. Reid replied in order to be closer to the corner and to be seen sooner from I-271
Chairman Mastrangelo asked the applicant if the Commission could delay the Public Hearing two weeks until the meeting on October 8, 2007 given the long agenda for the upcoming meeting. The applicant agreed. Chairman Mastrangelo requested that the applicant resubmit the variance request summary form to include the code section numbers.
STATUS OF COMMERCIAL PARKING REQUIREMENTS: Chairman Mastrangelo stated that this matter is under review by Law Director Paluf.
REVIEW OF VARIANCE REQUEST PROCEDURES: Building Commissioner Stouffer asked the Commission to consider changing the variance request procedure for simple cases to a one-meeting process that would require that the applicant only appear once before the Commission for their Public Hearing. Both Chairman Mastrangelo and Mr. Knezevic stated that they prefer the two-meeting process because negotiations often occur during the first meeting that result in an well-prepared Public Hearing at the second meeting.
ADJOURNMENT: A motion to adjourn the meeting was made by Mr. Pilla and seconded by Mr. Urban. Said meeting adjourned at 10:15 p.m.
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Susan M. Olson, Recording Clerk Robert J. Mastrangelo, Chairman