ZONING BOARD OF APPEALS MINUTES ZONING BOARD OF APPEALS

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1 ZONING BOARD OF APPEALS MINUTES ZONING BOARD OF APPEALS 1 DATE: May 3, 2017 TIME: 9:00 a.m. PLACE: Council Chambers Chairman Daniel Given called the meeting of the Zoning Board of Appeals to order at 9:00 a.m. and asks Mr. Klinar to take the roll call. MEMBERS PRESENT: Mr. Given, Mr. Kramer, Mr. Zellers and Chief Homolya. Mr. Given: First item on the agenda please. Saul Plaza: First item on the agenda, B.A. # East Erie Ave. Variance requested to encroach into front yard set back by four feet. Sec (C) Minimum front yard setback is 30 feet. R-1 zoning Gary Elsmore, applicant. Mr. Given: Is the applicant present, would you please come forward and advise us specifically what you are asking for? Mr. Ruby: Good Morning, I am Mark Ruby, I am the architect and with me is Mr. Gary Elsmore the property owner and we are here to request a variance in order to build a roof over the front porch of his home. He is in the process of making substantial renovations to the property and we would like to incorporate a covered porch in our design; right now you walk up to the door and it s an open to the sky, we thought this design element would add some character to the property as well as provide a covering for visitors to knock on the door. So really it s just a covered porch, the variance is for the roof construction and the distance is the four foot encroachment into the front setback. Gary is with me if he would like to add anything. Mr. Elsmore: Inaudible. Mr. Given: Thank you. Members of the Board, any questions? No questions; any member of the audience have any questions or comments on the topic? No further questions from the Board or the audience, at this time I d accept a motion. Mr. Kramer: Motion to grant. Mr. Zellers: Second. Mr. Given: Motion has been made and seconded to grant the matter. All those in favor say Aye. Mr. Given: Those against? Ayes have it, motion carries. Next item on the agenda please.

2 Saul Plaza: Next item on the agenda, B.A. # PPN # , 467, 465 located on Jaeger Rd. Variance requested to encroach into riparian setback, as per Ordinance No , Section (C) of Lorain Codified Ordinace. R-1A zoning. J.J. Campana Leasing Inc, applicant. Mr. Given: Is the applicant present? Please state your name and address for the record. Mr. Campana: Inaudible. Mr. Given: So on the three parcels and you want to fill it for future developments of the lot, correct? Mr. Campana: Yes. Mr. Given: Okay. Since this has something to do with the riparian setback, I d like to ask our Engineering Department for their comments on the matter. Mrs. Golden: Hi, Kate Golden, City of Lorain Engineering Department. We have no objection to the proposal; it is effectively continuing activity that has historically been performed at that project site. Mr. Given: Thank you Kate. Members of the Board, do you have any questions or comments? None. Anyone from the audience? No questions or comments from the board or the audience. At this time, I d like to entertain a motion from the Board. Mr. Kramer: I would like to make the motion to accept this proposal. Mr. Zellers: Second. Mr. Given: Motion has been made and seconded. All those in favor say Aye. Mr. Given: Ayes have it, motion carries. Next item on the agenda please. Saul Plaza: Next item on the agenda, B.A. # Colorado Ave. Variance requested to install fence within 20 feet of right- of-way on corner lot. Section (E) No fence shall be erected within 20 feet of right-of-way on corner lots. I-1 zoning. Glenn King, applicant. Mr. Given: Is the applicant present, please step forward and state your name and address for the record. Mr. King: I m looking to erect an architectural fence at my property at the corner of Colorado and Iowa. The setback being 20 feet, when I originally designed this and submitted it to the Building Department and went through the Design Review board, I mistakenly thought that the roadway was the right of way, so I came back 20 feet from that to comply with the ordinance, but then the Building Department informed me the it s 2

3 actually the side walk, if that were the case and I didn t get the variance that side lot that I have is only a 24 foot lot and it was essentially to make that whole lot useless there. I m looking to actually modify my original request which had 20 feet; in order to match the existing lot that the city owns directly behind my property they are actually 3 feet from the side walk, so I have a new drawing and pictures if that will help the Board, but I would like to come from the city owned property and make my fence the same distance from the sidewalk which is actually 3 feet from the sidewalk and would be 17 feet from the Iowa Ave there. I don t believe that this, I understand on corner lots you need a visual for cars; I went out and drove it, Iowa Ave I m guessing, I didn t do any studies has less than a dozen cars maybe use that little section of Iowa Ave there, and there is more than enough visual North to South as you pull up to Colorado Ave for vehicles to be able to see to turn either North or South on Colorado Ave. So, I guess that s the my request is to move the fence and still have 3 feet of grass and the proposed fence line, but that would certainly fall within the 20 feet setback range. What I m going to give you is a revised drawing which shows the city lot behind me that I would like to mimic. I highlighted the actual change from the original permit and the new proposal in yellow, there are only two changes. Once again, this isn t a chain link fence, this is an architectural aluminum fence, black in color. Mr. Given: So, looking at these photos, where you have a picture of the fence, that is the city owned lot is that correct? Mr. King: That is correct. Mr. Given: Your request is to continue off of that fence location further down towards Colorado? Mr. King: Exactly. Chief Homolya: Sir, what type of fence is it? Mr. King: It s a black, aluminum architectural type fence. It s a real slotted fence with spears on top so you can see through it as well, it s not a solid fence or anything like that. Mr. Given: What is the height of the fence? Mr. King: 6 feet. Mr. King: I have a picture of it if you would like to see it. Mr. Zellers: What is the height of the city fence? Mr. King: The city fence is 6 feet not including the barbed wire. Inaudible. Mr. King: Yes, that is black aluminum. The rear of the property, its 6 foot fence. Inaudible. 3

4 Mr. Given: Any questions from the Board? Any questions from the audience on the topic today? No questions from the Board or the audience, I d like to entertain a motion. Mr. Zellers: I make a motion to accept. Mr. Kramer: Support. Mr. Given: Motion has been made and properly seconded. All those in favor say Aye. Mr. Given: The Ayes have it, motion carried. Mr. Plaza, anything else on the agenda today? Saul Plaza: No Sir. Mr. Given: This time I will make a motion to adjourn. Mr. Zeller: I make the motion. Mr. Kramer: second. Mr. Given: Motion has been made and seconded, all those in favor say Aye. Mr. Given: Ayes have it, motion carries, and this meeting is adjourned. Thank you everyone. 4

5 Richard Klinar, Acting Secretary Daniel Given, Chairman PLANNING COMMISSION Planning Commission did not meet due to lack of items to be considered. Richard Klinar, Acting Secretary Chase Ritenauer, Chairman 5