CITY OF HIGHLAND HEIGHTS

PUBLIC HEARING OF THE PLANNING AND ZONING COMMISSION

HELD:  JUNE 14, 2010

PRESENT:       Commissioners Adamus, D’Amico, Mastrangelo, McFadden; Urban;

Temporary Recording Clerk Buchak; Building Commissioner Grabfelder

ABSENT:        Recording Clerk Olson

SUBJECT:     PETER & JOSEPHINE CIPRIANI, 322-A WEST LEGEND COURT

PZ10014 VARIANCE FOR PROPOSED ABOVE-GROUND DECK OVER EXISTING PATIO

Public Hearing was called to order at 8:03 p.m.  Notices of this Public Hearing were mailed in accordance with Section 1113.04.

Variance is requested as follows:

1.         Variance of 9 feet from HHCO Section 1124.03:  “PERMITTED BUILDINGS AND USES”, as supplemented by Master Declaration of Covenants, Easements and Restrictions for Aberdeen dated 17 March 1995, Article XVI: “Golf Course – Restrictions on Golf Course Lots, Section 5(a): Minimum Setback”, which prohibits any building, structure or improvement of any kind on any golf course lot within 25 feet from the boundary of the golf course, to allow an above ground deck to extend 9 feet into the 25-foot setback area for a length of 21 feet 0 inches.

Allan Johnson, residing at 318-A West Legend Court, and representing Peter and Josephine Cipriani, applicants and homeowners, 322-A West Legend Court, Legends of Aberdeen, appeared before the Commission to obtain a variance to construct an above-ground deck at Mr. Cipriani’s condominium located at 322-A West Legend Court.

Chairman Mastrangelo advised Mr. Johnson of his right to be represented by an attorney.  Mr. Johnson waived that right.

(Background:  Mr. Johnson, representing Mr. Cipriani, appeared before the Commission on May 24, 2010 regarding this variance.  He stated that variances and approval of identical decks as the one being requested were granted by the Commission on June 22, 2009 for properties located at 318-A, 318-B, 316-B, and 322-B at the Legends of Aberdeen.  Mr. Cipriani is proposing to construct a raised deck adjacent to and at the same level as the sliding glass patio doors on the first floor located off of the back of the condo unit facing the golf course due to the topography of the land, where there is a significant drop in grade from the rear sliding glass patio door on the first floor of the unit to the grade-level concrete patio).

Mr. Johnson stated the applicant has received the following approvals: golf course – 3/31/2010; Legends of Aberdeen Condominium Association – 4/27/2010, and Aberdeen Master Association – 4/27/10.  The Commission advised Mr. Johnson at the meeting on May 24, 2010 to contact Miner Properties for their approval.  At tonight’s meeting, Mr. Johnson responded that he contacted Forest City Enterprises and received verbal approval for the proposed deck; however, he has not yet received the letter of approval because it is waiting to be signed by the administrative officers of Miner Properties, Ltd.  He requested that approval of the deck be granted contingent on receipt of the letter of approval.

Mr. Johnson stated that Mr. Cipriani’s neighbors support the variance.

Chairman Mastrangelo stated the same requirement will apply to the proposed deck, which is that the area under the deck must remain open at all times for a cleaner look and to prevent storage underneath.  Mr. Johnson agreed.

Public Hearing opened to the Public.  No one spoke.

Public Hearing closed at 8:10 p.m.

___________________________________             

Jean Buchak, Temporary Recording Clerk

(Minutes prepared by Susan Olson, Recording Clerk)

___________________________________

Robert J. Mastrangelo, Chairman