CITY OF HIGHLAND HEIGHTS
REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION
HELD: OCTOBER 27, 2003

PRESENT: Commissioners Granito, Kerr, Mastrangelo, Murphy, Silbiger; Recording Clerk Olson; Building Commissioner Jamieson; Fire Chief Bencin
ABSENT: None

SUBJECT: WILLIAM & MARY BETH HALLAL, 604 DEWITT DRIVE
PZ03035 VARIANCE TO SIDEYARD SETBACK REQUIREMENTS

Public Hearing was called to order at 8:31 p.m. Notices of this Public Hearing were mailed in accordance with Section 1113.04.

The variance is as follows:

1. Variance of eight feet and ten inches (8'10") from Section 1123.15: "SIDE YARDS ON CORNER LOTS", which establishes a minimum side yard width requirement of forty feet (40') for a corner lot, to allow a side yard width of thirty-one feet and two inches (31'2") for a length of sixteen feet and six inches (16'6").

William Hallal, homeowner, 604 DeWitt Drive, appeared before the Commission to obtain a variance to sideyard setback requirements for the proposed addition to the northwest corner of his house located at 604 DeWitt Drive.

Chairman Mastrangelo advised the applicant of his right to be represented by an attorney. The applicant waived that right.

Mr. Hallal stated that the variance is required for a 103 square foot laundry room/mudroom addition. He said that his house is on a corner lot.

Chairman Mastrangelo stated that a variance of three feet and six inches (3'6") from the side yard width requirement of forty feet (40') had been granted at the time the house was built to accommodate the garage. He said that the applicant is now requesting a variance of eight feet and ten inches (8'10") from the side yard width requirement. He stated that the new side yard setback will be thirty-one feet and two inches (31'2") if the variance is granted.

Mr. Hallal stated that the hardships for the variance are as follow: 1) the existing laundry room is cramped and the new addition will provide storage, space efficiency, and freedom of passage; 2) expansion due west into the backyard will necessitate the removal of three tall, beautiful trees without the need of a variance; however, expansion as proposed will save two of the three trees; 3) there is currently no view from the house due north to DeWitt Drive and the addition will provide that view while at the same time enhancing safety and security at the home; and 4) there is currently no mudroom and the addition will enable the applicant's children to change their muddy clothing indoors.

Chairman Mastrangelo stated that the forty-foot (40') side yard width requirement on corner lots is required for visibility of traffic. He said that the proposed addition will be setback in excess of one hundred feet (100') from the portion of DeWitt Drive than runs north and south. He said that the setback of the existing garage is sixty-five feet (65').

Building Commissioner Jamieson advised the Commission that the owner of the house at 605 Clinton Lane which is directly behind the applicant's house has no objection to the variance.

In response to Mrs. Murphy's inquiry as to the traffic volume in the Canterbury subdivision, Mr. Hallal replied that traffic is moderate for the 60 - 65 homes in the subdivision.

Public Hearing opened to the public. No one spoke.

Public Hearing closed at 8:37 p.m.

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Susan M. Olson, Recording Clerk

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Robert J. Mastrangelo, Chairman