City Planning Commission/Board of Zoning Appeals, Dec. 3, 2019

December 12th, 2019  |  Published in Observer Reports

Members Present: David Weiss, mayor and chair; Rob Zimmerman, council member; Joseph J. Boyle III, Kevin Dreyfus-Wells, and Joanna Ganning, citizen members

Others Present: Joyce Braverman, director of planning; Dan Feinstein, senior planner; William M. Gruber, law director

The agenda and all supporting documents for this meeting may be found here:

The meeting was recorded and the audio is available here:

Mayor Weiss called the meeting to order at 7:35 p.m. The committee members attended a joint work session with the Architectural Board of Review from 6:30 to 7:30 p.m.

The minutes of the Nov. 7, 2019, meeting, approved unanimously without corrections.

Board of Zoning Appeals

Davis Residence, 2734 Endicott Road: Public hearing on the request of Jason Rion, Highland Construction, on behalf of Jed and Jill Davies for a variance to the pool equipment location regulations. The applicant proposes to replace their in-ground swimming pool in the rear yard in essentially the same location as the existing pool. The existing pool equipment will be replaced but sited in a different location behind the garage, 2 feet from the rear property line. Code requires a 10-foot setback for mechanical equipment. The existing 5-foot-tall wood fence will screen the view of the pool equipment. Two neighbors wrote in support of the project.

Staff supported the request. There were no comments or questions during the public hearing. The board voted unanimously to approve the variance.

Malone Residence, 24100 Stanford Road: Public hearing on the request of Michael Beightol, Exscape Designs, on behalf of Ann and Kevin Malone, for a variance to the location requirements for an open porch. The applicant proposes to erect an attached porch/pavilion with a fireplace off of the rear of the house. An attached open porch is required to be located in the rear yard and must be set back 9 feet 8 inches from the side property line to match the existing house in this instance. A setback of 3 feet 5 inches to the rear corner is proposed. New trees and an existing 6-foot tall wood fence are proposed to screen the pavilion from the side neighbor.

Staff supported the request. There were no comments or questions during the public hearing. The board voted unanimously to approve the variance.

City Planning Commission

Hornton Residence, 3639 Avalon Road: Public hearing on the request of Douglas and Sharee Thornton for subdivision of land in order to join a city-owned vacant lot with their property. The applicant is purchasing the vacant lot next door at 3643 Avalon Road. The applicant proposes to integrate the vacant lot into their yard with a fence. This combined lot would meet code requirements in the SF-3 Single Family Residential zoning district. Subdivision of land requires City Planning Commission approval.

Staff supported the request. There were no comments or questions during the public hearing. The board voted unanimously to approve the subdivision of land.

Shaker Heights Animal Hospital, 3505 Lee Road: Public hearing on the request of Jeremy and Lisa Welsh, Shaker Heights Animal Hospital, for variances and a conditional use permit in order to operate an animal hospital/veterinary clinic. The applicant proposes to relocate their animal hospital business to the former bank property at the corner of Lee and Kenyon Roads. A conditional use permit is required for an animal hospital/veterinarian office. A variance is required to locate this business closer than 100 lineal feet to a residential use, as there is a house next door on Kenyon Road, separated by an existing fence. A variance is required to enclose the dumpster with a wood fence instead of the required brick wall. Council confirmation is required.

Staff supported the request. During the board discussion, the issue of waste products and how often the dumpster would be emptied was raised. There will be bushes around the turf-covered pet relief stations and a stand that provides plastic pet-waste bags and a place to dispose them.

During the public hearing, James Williams, owner of the home next door on Kenyon Road, had no demands but said he really did not know what questions to ask. Regarding the dumpster, he mentioned that with businesses at that location in the past, both early morning pickups and infrequent pickups were both problems. He suggested moving the dumpster away from the back of his home and fencing it on all four sides. The plan is to enclose the dumpster fully with a solid wood fence and to keep the gate locked. The animal hospital/veterinary clinic has had no odor or waste pickup problems at its current location. David Lewis, Lewis Electronics, across the street on Lee Road, welcomed the new business, which he noted required no subsidies from the city. He mentioned traffic problems going in and out of the property from Lee Road, but that there would be a lot less traffic than was the case for the banks. Nick Fedor, Shaker Heights Development Corporation, also spoke in favor of the business.

The board voted unanimously to approve the variances and conditional use permit with proviso that the dumpster be moved and fully enclosed and its placement approved by staff.

The next meeting is Jan. 2, 2020, at 7 p.m.

The meeting was adjourned at 8:35 pm.

Barbara Bradley, observer

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