Zoning Hearing Board - Regular Meeting

Okay, before we start, I'd like to make sure that everyone's signed in for the meeting at the back entrance to the room. If you've not, please do so because it must be on the record. I'm Robert Tanner. The other board members are Scott Calhoun and we're designating Charles Fott, alternate, as voting member for tonight. I'd like to introduce the following members here tonight. We have Julie Maggio, Zoning Development Officer, Jeremy Thoman, Board Solicitor, and Tamara Doxey, Court Reporter. After the presentation by the appellant, the board will hear from those in question of the appeal, those in favor, and those opposed. Any documents or evidence that's presented must be kept for a period of 60 days for our records, and after all the presentations are made, the board will recess. We'll then reconvene and make our decisions. The board has up to 45 days to render a decision, but they're usually made this evening. If you do not care to wait for the decision, you may call the zoning office in the morning after 8.30 a.m. I now ask that everyone please stand to be sworn in. Do you swear to tell the truth, the whole truth, and nothing but the truth? Please answer, I do. I do. Thank you. Okay, we have two appeals tonight. The first one is appeal number 26-22, Jose Martin Tranquil Lake Escape, a property located at 130 Kelso Drive, seeking a variance to rebuild a nonconforming structure and seeking a dimensional variance from the rear yard setback in the Presque Isle Gateway District. Please come on up, state your name and address, and tell us about the project.

Good evening, ladies and gentlemen, and thank you for the opportunity to present our case. I would like to thank most of my neighbors, future neighbors of the area. When we moved to Erie in the 80s, my wife and I had the opportunity to visit Kelso Woods, We were impressed with the beauty of that area, trees, and so close to the shores of Lake Erie. Beautiful amusement park. Well, nearly 38 years later, we had the opportunity to buy a property with a condemned house. We believe that new construction is going to help better align with the efforts of Mill Creek towards the improvement of that general area. We hired Michael Graab, architect, to do the design of the house that we're proposing. And I would like to introduce a great architect Kelly Richter, who has designed the house, and she has gone through all the details about the design and the variances.

Kelly?

Hello, everyone.

Kelly Richter, architectural designer with Michael Grab Architect. And I'm here to present the proposed improvements for Jose and Bibi Marin. at 130 Kelso Drive within the Kelso Woods district. I'm sorry, the Kelso Woods neighborhood of the PI district. I have some handouts. I don't know if you have them already.

We have the plan. It's the elevation and floor plan. Is that what you're? Okay, sure. Thank you.

Okay, thank you.

In the beginning of our schematic planning for Bibi and Jose's residential rebuild, our preliminary conversations with Matt Puz, who was no longer at Mill Creek but was at the time back in March, informed us that our location within the PI district requires a variance for any expansion over 25% of the original dwelling for a non-conforming use of a single family residence, which is, oh, I'm sorry, which is what brought us here tonight. As Erie grows, mainly due to its proximity to the water, it's no surprise that these lakefront neighborhoods slowly rebuild to take advantage of Erie's greatest asset. The Mill Creek lakefront neighborhoods of Bear Beach, Kelso Beach, now Kelso Woods were originally constructed as dense small cottages or bungalows built as seasonal attractions without winterized construction. As these properties slowly turn the majority of these bungalows rebuild to accommodate modern amenities and improve the value of their neighborhoods. Because these beach-sized neighborhoods were originally temporary structures within dense lots and The majority of the rebuilds require variances for expansion percentages, building heights, and property setbacks, which I'm sure you're all aware of. Kelso Woods seems to be the next phase of redevelopment, which we are hoping to aid in elevating the value of the neighborhood and district with our proposed improvements. If you take a look at your first sheet, You will see that the existing bungalow hatched in gray is 760 square feet with our proposed two-story single-family home in white. We are proposing a new two-story single-family home with a first floor square footage of 1,468 square feet and a total area of 2,194 square feet for both levels. The proposed home has a lot coverage of 40% for just the structure. and 50% for the new residence as well as the rear yard driveway, which is well below the 80% for the maximum allowable lot coverage in the PI district. With the lake to the north, we are also proposing to rebuild the location of the new home five feet south of the northern property line. This allows the Marins to not only prioritize views to the water from their second story, but allows this property to comply with the building code. requiring all structures to be constructed five feet away from any property line to comply with the fire code. As you can see, the existing bungalow is in violation of the fire code, sitting only three feet and at some instances only 18 inches away from the southern property line, which could be a fire hazard to the neighborhood. If you turn to the next page, you'll see the proposed first and second floor plans for the rebuild. Jose and Bibi bought this property to downsize from their family home in Mill Creek. As you can see, we have designed the first floor as a modest apartment for Jose and Bibi to age in place, with a first floor bedroom, a shared bathroom, laundry room, and great room, along with an attached garage for harsh, eerie winters. The second floor is designed as a flexible floor that could either be for Bibi and Jose to occupy if they're still mobile, or for their children to visit. As mentioned before, the second floor is also constructed to enjoy views to the north of Lake Erie, which was the main attraction to moving to Kelso Woods. If you turn to the next sheet, you will see the proposed exterior elevations and perspectives of the new single family home, which would be constructed in a shingle style with large porches and decorative trim work to elevate the integrity of the neighborhood. The next sheet highlights the second variance request for an exemption of a rear yard setback. The PI district's rear yard setback is 20 feet, with our request for an exemption for a 13-foot setback to accommodate an attached garage for full-time residents. We believe that because we are meeting all other setback requirements, are building to fire code and are well under the maximum lot coverage, that the requested rear yard exemption is justified not only to allow the Marans to live in this home full-time, but to build in context to their neighbors. You'll see that many examples of existing homes within the Kelso Woods neighborhood on this sheet do not conform to either front yard or rear yard setbacks. The bottom yard of existing homes show that the majority of these non-conforming rear yard structures are both attached and detached garages. These existing violations are a reality of how families can live on such dense loss with modern accommodations. Thus, we feel that our proposed attached garage is comparable to many of the homes on both Kelso Drive and Banks Drive and is a reasonable request at 13 feet back from the road. So to conclude, we're asking that you would grant the Marins Variants request to expand their new home over 25% of the existing structure and for a rear yard setback of 13 feet for an attached garage. These minor requests will not only allow Jose and Bibi to enjoy their new location through retirement, but will elevate the Kelso Woods neighborhood value and desirability within the Mill Creek Township. So if you have any questions for myself or Jose or Bibi. Yes, just a minute. And so further, I have two more sheets, if you can manage all of them. So we have the existing parcels. Number 130 is highlighted. And you can see the majority of these existing structures are all over the place. It was pretty hard to go through and measure every single home and where they sit on the property line. but their maximum lot percentage is off at sometimes rear yard, side yard. So we feel that by addressing the majority, we would like a rear yard variance to allow an attached garage. And then if you look at the rest, that's just for reference, the Mill Creek Township zoning map, which highlights the PI aisle gateway.

So we're, clear the existing structure, 760 square feet. So we've got 760. And the proposed structure all in... What are we between both floors? Well, I think that's just the first floor. The footprint's 1468. What's the total?

2,194 square feet. 2,194. So...

So 288%.

If my math is right.

Julie, is the 25%, is that with respect to non-conforming uses as opposed to non-conforming structures? Because are we dealing with a non-conforming structure?

What I cited in your packet was the 145-102B, and that covers... non-conforming structure and they're planning to tear it down so it's going to be demolished and then they want to rebuild it so um if you read 145 102 b2 that would cover that right so the 25 isn't necessarily relevant correct yeah because it's a total tear down and replace so yeah

So if it was to just be rebuilt on the existing foundation, that would be fine. The issue here is because they're rebuilding it beyond the rear yard setback, correct?

Yes, correct.

Okay. So it's really just the rear yard setback is the... And they're not building on the existing foundation.

And they're not building on... Yes, they're expanding. Right. Expanding the nonconformity.

And you can't expand the nonconformity by more than 25%. So two separate items. Correct. Yep.

Okay.

Just look through this one more. And then what we're looking for is the 10-foot front yard is equivalent to what was there, the 13-foot rear yard. Okay. Let me do the math here. From your drawing, it appears to me that the overall lot, 13 plus 56 plus 10. Overall lot depth, 89 feet, and it appears as though the existing house.

Yes, and I believe you can see that on, yes, the lot is 89 by 42 feet.

Right. And I'm going off of your proposed site plan. So I'm doing the reverse math to see where it was. So what I'm saying is where we're looking for 13 feet was 21. Right. Just going off of math, just so we have it. Okay. No, I understand that. Charles, do you have any questions? No. No. Scott? No.

Jeremy, anything to... And again, one of the reasons why you did not build on the existing footprint was to address the fire code concern?

Yes.

Okay.

Yep. To build five feet from the property line, you technically can build closer, but it just requires different ratings. And as Bibi and Jose mentioned, a lot of these homes are condemned. So the integrity of the existing foundation is also in question. We don't really believe that it would be able to hold two stories, nonetheless, support a new structure.

Yeah. Okay, I think that's all we have for right now. All right, thank you. Thanks. Okay, anyone from the audience like to speak on this? Come on up and state your name if you have anything to say.

Hello, my name is Mike Hecht. My wife, Mary, and I own the property on the southern side of the Marin's property. And I'm also the secretary for the Kelso Woods Homeowners Association. I just wanted to say that I support the Marin's project, mainly because the property has been abandoned for many, many years. and also recently condemned by Mill Creek. So we have a blighted property in our neighborhood, and the owners behind on the payment of HOA fees when the Marines purchased the property, they righted the wrong for our HOA. Overall, I view the project as a positive for the neighborhood. It'll turn a blighted property into a livable property, and they plan to retire there, live there, so I think it would be good for our neighborhood overall.

Okay, so is that on behalf of yourself, or are you speaking on behalf of the association as well? Just myself. Just yourself, okay. Thank you. Anyone else?

Hello, I'm Mary Ann Freed. I live at 112 Kelso Drive. I've been down there since 1985. So I just want to say I've seen a lot of different changes over the years, and I'm very happy to welcome Jose and Bebe to the neighborhood and what they're going to be doing to make the improvements. And I was also happy to see that they're interested in always coming to the board meetings, which we have at least four times a year. And also, we also have... maybe that they might want to join and be on the board. So that's all in good interest for Kelso Woods Association. Okay. So welcome.

Thank you.

Good evening. I'm Tim Shuttleworth. I have a few properties in Kelso Woods that are very in close proximity to this property. They're actually on Kelso West, the road behind that would be that variance distance to the road. Okay. Kelso is a traditional old community with a lot of setbacks that are unusual and odd. And so I don't see this as a problem because there's so many cases of this. We're accustomed to it. We make it work for winter snow removal and so forth. Additionally, I've known the Morens for over 30 years because I had the good fortune of being their neighbor on Franklin Road out in Fairview. So I know what kind of people they are and how they'll make a nice contribution to the community. So I'm in favor of the project.

Okay.

Thank you.

Thank you.

Good evening.

My name is Veronica Dunn. My husband and I, Jeff, live at 205 Oregon Avenue in the Kelso Woods subdivision. We totally support this project. Even though we're not adjacent or on the same street, it would definitely help our neighborhood to get rid of this condemned property. And what they're proposing is not unreasonable at all, and especially for the setbacks. Very quite common to have unusual setbacks in that area. So we do support it.

All right. Thank you.

Hello, Ankur Shah. My business partners and I recently bought some properties in Kelso Woods. And there are some properties that are behind on HOA fees, condemned. And any sort of improvement is good for the neighborhood. So I'm absolutely in support of this.

Okay, thank you. Anyone else? Okay, thank you. We'll move on to the next item. You have appeal number 26-23, Christopher and Jennifer Mano for property located at 3005 Haas Avenue, seeking a variance to construct a carport without a principal structure on the parcel in the R1 single-family residential district.

Hi, my name's Chris Mano. I live at 4635 Wolf Road, and I own the property at 3005 Hawes Avenue, and we also own the property across the street. I know that it's just a garage over there, and what I want to do is put a carport in front of it and keep my motorhome over there. I've talked with the people to build it. It takes care of the snow load. The water runoff is fine. It's going on an existing cement pad that I have over there. I bought the property seven years ago, and it was in total disarray. And I went in and cleaned it all up and fixed it all up, and all the neighbors are happy that I'm there. And I've talked to all the neighbors about putting this thing up before I even applied for this, and I didn't have any problem. I keep the property up nice, and my son lives across the street, and we keep that up nice. And there's other properties in the neighborhood that are pretty blighted already. And I'm going to put something up brand new, and it'll look nice over there. So that's why I just want to have a place to park my motorhome. and keep it out of, it got damaged at the house during that hailstorm we had. It took the windshield out of it. And the vents on the roof got damaged also. And so I just wanted to protect my motorhome. I'd keep the property up looking nice, and you know, that's all I got. I know the only, I talked to Julie, I'm fine with all the setbacks and stuff, except for the front, where we figured it had to be 25 feet or something. I'm at 19 and a half. But there's other properties along the same street, which are even closer to the road than what I would be. I will be behind the house next door. I'm not going to be going past any of the houses. So you purchased the property when? Seven years ago from Cliff Moon.

So when you purchased it, it was a lot with a garage.

It was called lot with a garage and it had two lots with it. And I had the had the lots combined. So I have just the garage on it. And then I got the address changed to 30. It didn't even have an address on it. and they changed the address and it went through the 911 system. So the house next door went, he was 3005 and then the house to the west of me was 3007. So they gave Mike to the east of me 3003 and they made mine 3005 and moved it over. So I have an address there.

So, Julie, this was built originally as a garage on a lot, or was it subdivided off of?

No, it was built, Cliff Moon lived there, and he owned four lots. Okay. He owned the house next door. To the west? To the east. To the east, okay. Um, he built the house down at the corner of, I can't remember the name of that street, uh, closest right behind ugly tuna. Okay. He built a house there and he sold the house that he grew up in there. And then he kept the garage and that's all it's been for forever since I think it was built around 1980. And, uh, He owned a garage, before he went to work for Mill Creek Township, he retired from the township, he owned a garage on 12th Street, and he took all his equipment over there and put it in the garage. And that's what it's been ever since, just a garage.

So, but when it was built, it was already a, same thing, an accessory structure without a principal dwelling?

I tried to find all the records. So what you have in your packets is what I could locate in the file. Some of these older neighborhoods, when there were subdivisions, sometimes a garage was left there. We wouldn't let that happen now if there was a new subdivision. So just moving forward, it exists there. And he does want to. put this other structure there. That's why he's before you.

So it's kind of like expanding a non-conforming of... Yeah, there's no principal dwelling. Because there's no principal dwelling.

And he wants to put an accessory, an additional accessory on there with no principal dwelling.

I gave you a picture of what I want to do. Oh, yeah.

Yep, I've got that.

I went by the property, too, so I'm familiar with it. And like I say, for water runoff, if I have to, I'll put gutters on it. I mean, I'll do whatever I need to do to make it right.

Now, you did mention a setback issue, which is not...

which is not a collector or hire. It's a local road.

Okay.

The scheme works here.

So that's not an issue. Okay, I just wanted, because it wasn't listed on the formal thing, so I just want to make sure of that.

Is this structure that you're attempting to put up, is it something that's permanent?

It's going to be bolted to the existing cement pad that's there.

Okay, so you're just building something to cover the motorhome.

Yeah, there's a picture of it. Yeah, that's all it is, just to cover it to protect it from the weather. And like I said, I talked to the guy, the people that I'd have build it, asked them all about it. Is it okay with putting it on the cement pad like that? The snow load in Mill Creek in this area is 40 pounds per square foot of snow load, and I would be building it at 60 pounds. And then the front would be, well, you see the picture how it would be.

Okay. Do you have any other questions? I don't.

Okay. All right. Jeremy?

Is this the current location where you store your RV?

I keep a couple antique cars in that garage. But do you store the RV in the driveway currently? It's at my house right now. But that's where it got damaged because we get all the bad weather out there. And I take it over there. It's gonna be stored there for the winter. Whether I put this up or not, I'm gonna be having it over there all winter.

Okay. Anything else Jeremy? I don't think we have anything else. Okay, thank you. Thank you. Anyone in the audience like to speak on this? Okay, we're gonna take a recess. Okay, let the record show that we reconvened approximately 638 on appeal number 26-22 for 130 Kelso Drive, Jose Marin, Tranquil Lake Escape. Do I have a motion?

I make a motion to approve.

Do I have a second?

I'll second.

All in favor? Aye. All opposed? So moved. On appeal number 26-23, Charles and Jennifer Mano for 3005 Haas Avenue. Do I have a motion?

I'll make a motion to approve.

Do I have a second?

I'll second.

All in favor? Aye. So moved. Do I have a motion to adjourn?

I'll make that motion.

I will second. All in favor? Aye. So moved.