CITY OF HIGHLAND HEIGHTS
HELD: JUNE 23, 2008
PRESENT: Commissioners Kerr, Knezevic, Mastrangelo, Pilla;
Recording Clerk Olson; Assistant Building Commissioner Austin
ABSENT: Commissioner Urban
MOTION ON THE MINUTES: The reading of the Minutes of the regular meeting held June 9, 2008 was dispensed with. Corrections to the Minutes were requested by Assistant Building Commissioner Austin as follow: Page 2, under heading EDWARD BENCIN, 2nd sentence, change “January 23, 2008” to “June 23, 2008”. Mr. Kerr moved to accept the Minutes as corrected; seconded by Mr. Knezevic. Ayes all; motion carried.
The reading of the Minutes of the Public Hearing for Terry Allen held June 9, 2008 was dispensed with. Mr. Pilla 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 Edward Bencin held June 9, 2008 was dispensed with. Mr. Pilla moved to accept the Minutes as written; seconded by Mr. Knezevic. Ayes all; motion carried.
The reading of the Minutes of the Public Hearing for Thomas Ungrady held June 9, 2008 was dispensed with. Mr. Kerr moved to accept the Minutes as written; seconded by Mr. Knezevic. Ayes all; motion carried.
The reading of the Minutes of the Public Hearing for Swagelok Company held June 9, 2008 was dispensed with. Mr. Pilla 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 National City Bank held June 9, 2008 was dispensed with. Mr. Kerr moved to accept the Minutes as written; seconded by Mr. Knezevic. Ayes all; motion carried.
SUBJECT: ELAINE HOGAN, 293 EAST EDINBURGH DRIVE
PZ08013 VARIANCE TO YARD/HORIZONTAL FEATURE REQUIREMENTS
Anthony Ianiro, Ianiro Landscape, Inc., 12876 Chillicothe Road, Chesterland, Ohio 44026, appeared before the Commission to obtain a variance to allow two proposed pergolas to be constructed over an existing patio and an existing walkway entrance on property located at 293 East Edinburgh Drive. The Public Hearing was held prior to the regular meeting.
Mr. Ianiro advised the Commission that the main pergola will project horizontally on the eastern elevation of the home over the existing patio. He said that a second pergola will be constructed over the existing walkway entrance. He stated both pergolas will be within the allowable building footprint of the building lot and will comply with all setback requirements.
MOTION: A motion was made by Mr. Pilla to grant Elaine Hogan, on property located at 293 East Edinburgh Drive, a variance of 14’6” from Section 1123.18(a)(1): “PROJECTIONS INTO YARDS; Horizontal Features”, which establishes that required side yards be open and unobstructed from ground to sky, to allow construction of a 23’6” x 16’ x 12’ high pergola above the existing patio on the eastern elevation of the home and construction of a 9’4” x 3’ x 11’ high pergola above the existing walkway entrance; seconded by Mr. Kerr. Roll call on the motion. Ayes Mastrangelo, Pilla, Kerr; abstain Knezevic. 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 variance was that both structures comply with all setback and easement requirements and are within the allowable building envelope and should not obstruct the view of anyone across the street.
SUBJECT: ADAM WAHL, 860 FORD ROAD
PZ08019 VARIANCES TO FENCE REQUIREMENTS
Adam Wahl, homeowner, 860 Ford Road, appeared before the Commission to obtain variances for two proposed fences at 860 Ford Road. The Public Hearing was held prior to the regular meeting.
Mr. Wahl stated he will have his property surveyed to identify boundary lines. Assistant Building Commissioner Austin agreed a survey is necessary to verify the boundaries prior to installing the fences. Chairman Mastrangelo stated a fence must be located a minimum of three inches from a property line.
There was much discussion regarding how to construct the fence to keep in compliance with the code requirement that 25% of the vertical plane be open to light and air. Mr. Wahl stated he wants a 6’ high fence that will obstruct the view of the adjacent yard. Mr. Austin stated one option would be a 6’ high fence consisting of a 4’6” inch solid bottom and a 1’6” lattice top. Mr. Wahl replied that is unacceptable because the upper portion of the fence would be too exposed and would allow too much visibility into the neighbor’s yard. Mr. Austin stated another option is that each 8” span consists of a 6” board and 2” of open space. Mr. Wahl agreed to that style and stated he wants both of the fences to match.
Mr. Pilla stated that Police Chief Cook has commented in the past at a Council meeting that it is necessary for his police officers to be able to see thru fences.
Mr. DiPadova, homeowner, 844 Ford Road, the adjacent neighbor to the north, stated he will plant trees along the fence once it is constructed. He said he prefers a fence that will allow some light to filter thru for the trees.
MOTION: A motion was made by Mr. Knezevic to grant Adam Wahl, on property located at 860 Ford Road, a variance from Section 1123.21(b)(4): AFENCES; Permitted Fences; Privacy fences@, which permits privacy fences in rear yards only, to allow a fence along the southerly property line to begin 24 feet forward of the rear building line at the southeast corner of the house, extend 31 feet to the southerly property line and then extend 90 feet to the west; seconded by Mr. Pilla. Roll call on the motion. Ayes Mastrangelo, Pilla, Kerr, Knezevic. Ayes all; motion carried.
MOTION: A motion was made by Mr. Knezevic to grant Adam Wahl, on property located at 860 Ford Road, a variance from Section 1123.21(b)(4): AFENCES; Permitted Fences; Privacy fences@, which permits privacy fences in rear yards only, to allow a fence along the northerly property line to begin 24 feet forward of the rear building line and then extend 130 feet to the west; seconded by Mr. Pilla. Roll call on the motion. Ayes Mastrangelo, Pilla, Kerr, Knezevic. 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 variances was that a hardship exists with the landscape business located at the adjacent property to the north and that the fences will be located approximately 140 feet from the road.
SUBJECT: LEGACY ABERDEEN NURSING HOME, 407 GOLF VIEW LANE
PZ08020 CONDITIONAL USE PERMIT FOR PROPOSED NURSING HOME
No one was present to discuss this matter. The Public Hearing was held prior to the regular meeting to allow the Public an opportunity to be heard; however, no one spoke.
SUBJECT: EDWARD BENCIN, 462 MINER ROAD
PZ08012 LOT SPLIT AND CONSOLIDATION OF P.P.’S 821-26-014 & 821-26-001
Assistant Building Commissioner Austin presented the Commission with copies of the Highland Woods Subdivision No. 1 and No. 1A plats. Chairman Mastrangelo stated he is waiting for Law Director Paluf’s opinion on this matter.
SUBJECT: MICHAEL CHRISTOPHER SALON, 6255 WILSON MILLS ROAD
PZ07006 VARIANCES TO SIGNAGE REQUIREMENTS
Chairman Mastrangelo commented that the sign on the front of the Michael Christopher building located at 6255 Wilson Mills Road appears to consist of two layers, i.e. a shadow sign, and is not the sign that was approved by the Commission. Assistant Building Commissioner Austin replied he will investigate.
SUBJECT: HARRY BUFFALO RESTAURANT, 5596 HIGHLAND ROAD
PZ08010 VARIANCE TO SIGNAGE REQUIREMENTS
Chairman Mastrangelo noted that no one appeared before the Commission for approval of the patio canvas tent and window awnings that recently appeared at the restaurant. Assistant Building Commissioner Austin replied the tent was approved by the Fire Department and that the permit is valid for one year. He said the tent is temporary and that the owner may appear before the Commission with plans for a different patio cover. Chairman Mastrangelo replied that tents and awnings must be approved by the Commission and ARB also.
ADJOURNMENT: A motion to adjourn the meeting was made by Mr. Pilla and seconded by Mr. Knezevic. Said meeting adjourned at 9:23 p.m.
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Susan M. Olson, Recording Clerk
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Robert J. Mastrangelo, Chairman