CITY OF HIGHLAND HEIGHTS
PUBLIC HEARING OF THE PLANNING AND ZONING COMMISSION
HELD: SEPTEMBER 22, 2003

PRESENT: Commissioners Granito, Kerr, Mastrangelo, Murphy, Silbiger; Recording Clerk Olson; Building Commissioner Jamieson; Fire Chief Bencin

ABSENT: None

SUBJECT: ROBERT AUSTIN, 763 BISHOP ROAD
PZ03027 VARIANCE TO ACCESSORY BUILDING REQUIREMENTS

Public Hearing was called to order at 8:13 p.m. Notices of this Public Hearing were mailed in accordance with Section 1113.04.

Variance is requested as follows:

1. Variance of 299 square feet from Section 1123.05(e)(2): "ACCESSORY USES; Recreational Facilities", which provides that an accessory building shall not exceed 500 square feet or one percent (1%) of the lot area on a single family residentially zoned lot with more than 20,000 square feet, whichever is less, to permit two existing accessory buildings with a combined area of 799 square feet.

Nicholas A. Austin, attorney, Benesch, Friedlander, Coplan & Aronoff LLP, 2300 BP Tower, 200 Public Square, Cleveland, Ohio 44114, representing Robert and Carmen Austin (his parents), 763 Bishop Road, appeared before the Commission for reconsideration of a contingency that was previously placed upon this property (see PZ99018) on June 28, 1999 in the following motion: MOTION: A motion was made by Mr. Granito to grant a variance of 76 square feet from Section 1123.05(e)(2): "ACCESSORY USES; Recreational Facilities", which provides that an accessory building shall not exceed 500 square feet, to permit an accessory building of 576 square feet, contingent upon the existing pavilion be taken down within six (6) months of occupancy; seconded by Mr. Kerr. Roll call on the motion. Ayes Granito, Kerr, Mastrangelo, Murphy. Ayes all; motion carried.

The applicant stated he is an attorney representing his parents.

Chairman Mastrangelo stated that the applicant is requesting that the Commission remove a contingency that was placed on this property on June 28, 1999 requiring that an existing pavilion be removed.

Mr. Austin showed the Commission pictures of the pavilion in question. He said that the pavilion is a structure with four (4) columns and a concrete slab that measures 13 feet by 17 feet.

In response to Mrs. Murphy's inquiry as to when the pavilion was constructed, Mr. Austin replied in the late 1970's or early 1980's. In response to Mrs. Murphy's inquiry if the pavilion encroaches into any setback areas, Mr. Austin replied no and added that the pavilion sets within the lines of the house.

Mr. Austin stated that the pavilion is in impeccable condition. He said that it is not enclosed and will never be enclosed.

Mr. Kerr stated that the size of the Austin property is 92 feet wide by 1300 feet deep.

Chairman Mastrangelo stated that at the time of the Public Hearing held on June 28, 1999 the applicant did not mention that there was any sentimental value attached to the pavilion. Mr. Austin replied that the sentimental value lies with his grandparents who also reside at 763 Bishop Road.

Public Hearing opened to the public. No one spoke.

Public Hearing closed at 8:19 p.m.

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Susan M. Olson, Recording Clerk

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Robert J. Mastrangelo, Chairman