Board of Zoning Appeals - Regular Meeting

I'd like to call the uh Board of Building and Zoning Appeals meeting into order. Uh could at 5:30 on August 27th, could we have a roll call, please? Mr. Brown, Mr. Griffith, uh present. Mr. Patz, present. Mr. Allen, present. Mr. Caneler, here. Uh could we all stand for the pledge of allegiance, please? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Uh, thank you for everyone for coming today. I just kind of want to go over just kind of what the BZA is and kind of uh our process just kind of I think help streamlines this. So uh just to clarify how the board of zoning appeals process is. We are a board that reviews requests for variance from the codified ordinance based upon a hardship an individual may not have control over which prevents them from complying with our local zoning laws. We will hear your appeal and we will make a determination whether to prove or deny this appeal appeal this here this evening. If approved, the property will have a permanent variance from the code to specific to the particular property. If it is denied, you have the option to appeal to the court of common please to hear your case. Uh the meeting will be confirmed by city council at the next regular meeting and this may require a 60-day waiting period before a building commissioner can approve any permits related to your granted variance. You have the right to be represented by an attorney if you choose. Um if I could have we have no unfinished business today. So, if we could have the applicant for appeal number 052025 come on up to uh the podium and are both going to speak today or just one?

Yeah, I think we'd both like to be up here. If you guys could just come up. We have to swear you guys in. All right. Uh if you guys could raise your right hand uh for me. Uh do you hereby swear to affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth under under the penalty of perjury. So help you God. Yes. All right. Thank you. if you guys could just state your address uh when you uh both go to speak and then kind of just give us a rundown of what you're looking for tonight. I know we've had the uh packets, but it's just for records if we can get that all in there.

Yeah, I'm Chris Copwin's Copeland's Homes. Um we the address of You want the address of the property? Uh I think they want your address. 670 um Richard Road, Boston Heights, Ohio 44236. Thank you. And we are here tonight for um seeking a variance on the building I guess setback for a garage um at the location of um 3217 Simich Drive. Um I just um you want me to elaborate anymore or Yeah. Uh I do have a question. Uh yeah.

Is the proposed house going to line up with the frontages of the adjoining properties? They are. Okay. Yep. Both on both. I think one of the exhibits that I turned in uh shows that it lines up with the uh house to the east and the house to the west. Right. Yes. Because of Excuse me. Yep. Rick pass. Um bec because of the easement that's on the property, you're you've got the house back as far as you can go.

You know, when you're working around a gas easement and grading, you really have to be very careful. this I guess a transmission line um that uh you know Embridge will have a a permanent person on site anytime there's any type of soil moving so uh they are very protective of it so yeah could we put the house right up against the easement it it also wouldn't line up with the other houses so um that was um so if I understood you right you said the gas the house is backed up as far as it can go to the easement

it's not backed up to the easement but is very close like for us to do proper grading around it. So any additional soil added to it has to be approved by Embridge. It's bit of a process. So thank you. That's my only question. Tom, any questions? I do not have any. No. And then just to make it known like uh there are existing homes uh in the area that are very similar garages that

Yeah. The house we're in right next door has a side load and it's part partial side partial courtyard. Um and it when you drive down the road you actually see the garages where um David and Missy Bhenhagen's house uh the house the garages face away from the going down the main road. So it's kind of nice they strategically flipped the house just so prominent part of the house wasn't the garage when you Okay. And then uh in your words because of the gas easement and uh you know to kind of change the the layout that would be a uh there's hardship with just uh the layout of the property with easements and things like that. And then maybe

it would and then another hardship would be this to change this into a plan to conform would be financially hard for the applicant. It would um I don't have any other questions. Uh, Lynn, anything I missed or would like to add?

Um, no. Those I had similar findings, but I would like to add for the record and understanding of of how we landed here this evening. Um, we have a pending text amendment in front of council. The first reading was yesterday evening. that text amendment um would alter the regulation and would allow for what is being proposed here this evening. I don't anticipate that text amendment not being approved by council. The applicant would have waited that out, but it just seemed more efficient to come here this evening. And so um terms of looking on the horizon and seeing that this will be a moot point very likely

um that would be another finding of fact in this equation. Okay. Um that's it. Council woman any questions or anything to add or anything? No. Um anyone else other questions or anything? make a motion.

No. And I would also add to that, sorry. Um, the text amendment has already gone through the planning commission consideration of it twice. Um, and so therefore it advanced the council in this group of text amendments that were brought forward. And so I could also add to this that plenty commission um favored the text amendment and I believe this was already as well ARB. The house has gone to A or B and been approved. Yeah.

Yes. Okay. I think we got it all covered. All right. I'd like to make a motion uh to approve appeal 05-2025 uh with the garage setback uh variance requested. Um I don't think I have to add anything else. Do I have a second? Second. Second by Ed. Roll call, please. Mr. Griffith, yes. Mr. Canler, yes. Mr. Patz, yes. Mr. Ellen, yes. Uh, so your motion passed it. So it'll go to council next.

Right. If that could be as you know, wave the 30 days at the next that would be appreciated. They'd like to get started. Okay. Yeah. Okay. So can't say. Yeah. Right. So, uh, we've approved it. It goes to council, which I believe is two weeks from yesterday, uh, will be the next meeting. I don't think you have to be present. You, it's up to you. You're more than welcome to attend those meetings. Uh, they would make a motion and then, uh, Lyn will put in for, uh, hopefully to wave that uh, uh, 30-day waiting period. Okay. Okay. Perfect. I appreciate your time. No, appreciate your time. Thank you.

Yeah. Thank you. Awesome. Um, yeah. You're welcome. Cool. Just uh do I have a motion to approve the minutes from April 23rd, 2025 and July 23rd, 2025? So moved. Second, your choice. L with Ed as a first. Who Who's Mr. PZ is a second? Yeah. Okay. Mr. Counselor. Yes. Mr. Pats. Yes. Mr. Griffith. Yes. Mr. Allen? Yes. Uh any communications, Lynn?

Um I don't think so. I um I added some findings into the staff report. I I don't Did anybody have a sense of Oh, thank you, Lynn. Or was it more like mind your own business, Lynn? Yeah. No, appreciate it. Thank you. Okay. So, I'll try and do that at some level. We'll see how that works. Yes. Thank you. Um, I have to say I really appreciate what you put in there. Okay. From coming from a township and being on a board of zoning appeals, we did all this work ourselves. Okay. Basically, it's handed to us and I love it.

Okay. Well, so what has happened here in Twinsburg, um, just for a little history, the building department was staffing this board. Yes. And so maybe earlier this year, I was I I got I drew the the long straw and got to do this. Yeah. say wait and and so the so these the staff report is a novelty at still at this point because they were not being prepared previously correct

but they really I the information needs to be organized I am a full-time employee here this is my job you we appreciate your service on these boards all the residents and I'd like to make it as efficient and easy as possible for you to make your decisions. Appreciative. Yeah. Okay. Yeah, that's it. I don't um I have a fellow that's looking for a driveway widening variance. I don't know if that's if we'll have a meeting next month or not. Okay. Um engineering is not overly supportive of it, so we'll see where that goes. Okay. Yeah.

Any uh nothing from us. Uh can I have a motion to excuse Mr. Brown? I move to excuse Tom Brown from the meeting. I'll second it. Mr. Caneler? Yes. Mr. Pats? Yes. Mr. Allen? Yes. Mr. Griffith? Uh, yes. And with that, we will adjourn at 5:39.