MEETING MINUTES CITY OF EUCLID PLANNING AND ZONING COMMISSION (REGULAR MEETING) EUCLID MUNICIPAL CENTER - COUNCIL CHAMBERS JUNE 14, :00 PM

Transcription

1 MEETING MINUTES CITY OF EUCLID PLANNING AND ZONING COMMISSION (REGULAR MEETING) EUCLID MUNICIPAL CENTER - COUNCIL CHAMBERS JUNE 14, :00 PM CALL TO ORDER: The Planning and Zoning Commission of the City of Euclid, Ohio held a regular meeting on Tuesday, June 14, 2011 in the Euclid City Hall Council Chambers. The meeting was called to order at 7:02 PM by the Chairperson, Mr. Howard Drake. PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS: MEMBERS PRESENT: Mr. Willie Brown Ms. Marsha Curtis Mr. Howard Drake Ms. Laura Gorshe Mr. John Monroe MEMBERS ABSENT: OTHERS PRESENT: Mr. Paul Beno, Zoning Commissioner Mr. Jason Carter, Assistant Law Director Councilwoman Kandace Jones, Ward #3 Mr. J. Scott Muscatello, Secretary Planning & Zoning Councilwoman Madeline Scarniench, Ward #2 Mr. Frank Pietravoia, Director, Department of Economic Development APPROVAL OF MINUTES: A motion was made by Mr. Monroe to accept the minutes from the May 10, 2011 regular meeting of the Planning and Zoning Commission. Seconded by Ms. Gorshe Page 1

2 Ms. Laura Gorshe Mr. John Monroe MINUTES APROVED (5-0) COMMUNICATIONS: OLD BUSINESS: NEW BUSINESS: R. Todd Deegan, Meadowood Park Associates, LLC #1 Applicant Euclid Avenue, Suite 3 Euclid, Ohio LBK-03 PP# Euclid Avenue Land Bank Purchase Ward #2 R. Todd Deegan, Meadowood Park Associates, LLC #1, has submitted an application to purchase the above referenced property from the Euclid Land Bank for yard expansion and open space as authorized by Ordinance # One Motion is required 1. A motion to approve the sale of PP# to Meadowood Park Associates, LLC #1 Postponed until the July 12 P&Z Meeting R. Todd Deegan, Meadowood Park Associates, LLC #1 Applicant Euclid Avenue, Suite 3 Euclid, Ohio LBK-03 PP# Euclid Avenue Land Bank Purchase Ward #2 R. Todd Deegan, Meadowood Park Associates, LLC #1, has submitted an application to purchase the above referenced property from the Euclid Land Bank for yard expansion and open space as authorized by Ordinance # One Motion is required 1. A motion to approve the sale of PP# to Meadowood Park Associates, LLC #1 Postponed until the July 12 P&Z Meeting Page 2

3 Colonial Plaza Center - Owner P.O. Box Solon, OH Saed Shehadeh - Applicant Curtis Drive North Olmsted, Ohio VAR-12 PP# Euclid Avenue Colonial Plaza Variance Ward #3 Mr. Saed Shehadeh has submitted an application requesting the required variances to permit the use of frozen confection sales cart for retail sales between the building line and the street line where merchandise, goods or wares shall not be displayed, sold or offered for sale between the building line and the street line. 1. A motion to allow sales on a service walk in front of a retail store between the building line and street line for PP# (b) Mr. Saed Shehadeh was present to discuss this case with the Planning and Zoning Commission. Mr. Beno explained to the Commissioners the differences between the parcel address and the tenant address for this case. Mr. Brown asked for clarification of the location of the tenant address and whether there would be enough room for pedestrians walking on the sidewalk. Mr. Shehadeh stated the store, Five Star Subs, is located in the middle of the shopping center and that there is plenty of room for pedestrians. Ms. Curtis expressed her concerns regarding safety for children when delivery trucks are present, as well as her concerns over the cleanliness of the sidewalk. Ms. Gorshe echoed Ms. Curtis comments. Mr. Brown expressed concerns about the feeding of pigeons near the storefront. Mr. Monroe agreed that there is likely no pedestrian impediment due to the placement of the cart. Mr. Beno stated the subject property is a substantial size retail strip center and the proposed cart will be located on a covered walkway which runs in front of the building. It appears this proposal will have very limited impact on the traffic and pedestrian circulation pattern of the center as a whole. While staff has no objection to the proposed use, it does have similarities to an outdoor seating and service area. It may be appropriate to impose a condition on any grant that if the outdoor service area generates complaints it may be subject to the same revocation process detailed in Euclid Codified Ordinance section (j)(6) related to outdoor dining, which states: Complaint petitions signed by 50% of property owners and/or tenants within 200 feet of a parcel containing an outdoor dining or seating area must be heard by the Planning and Zoning Commission. Conditional use permits may be subject to additional conditions or revocation if in the Page 3

4 judgment of the Commission the use has created nuisance conditions affecting nearby property owners and/or tenants. Ms. Curtis asked if the delivery trucks could be parked in the assigned parking spaces. Mr. Shehadeh stated it would no t be a problem. Councilwoman Jones asked if the cart would be placed indoors during closing, if an employee would be the person scooping out the ice cream from the cart, and if the payments were to be made inside. Mr. Shehadeh stated yes. Councilwoman Jones asked if the if there were would be anything else sold from the cart. Mr. Shehadeh stated there would not. A motion was made by Mr. Monroe to allow sales on a service walk in front of a retail store between the building line and street line for PP# with the following conditions: 1. If the outdoor service area generates complaints it may be subject to the revocation process detailed in Euclid Codified Ordinance section (j)(6); 2. The sidewalk in front of the retail store be power washed; 3. And, delivery trucks park on either side of the retail tenant space or in the assigned parking spaces. Seconded by Ms. Gorshe Ms. Laura Gorshe Mr. John Monroe APPROVED WITH CONDITIONS (5-0) Thomas J. & Margaret P. Luzar Owner/Applicant 361 East 266 th Street Euclid, Ohio VAR-13 PP# East 266 th Street Variance Ward #6 Thomas J. & Margaret P. Luzar, owner/applicant, have submitted an application requesting the required variance to erect 51 linear feet of six foot tall wood fence. A four foot section is in-between two structures where the maximum height of a side yard fence is four feet when located between dwellings. A variance of two feet is requested. One motion is required. 1. A motion to approve a two foot height variance on side yard fences between dwellings from four feet to six feet for PP# (b) Thomas J. & Margaret P. Luzar were present to discuss this case with the Planning and Zoning Commission. Page 4

5 Mr. Beno stated the subject property and its neighboring properties are developed in a somewhat typical side driveway and rear garage layout; however, they are above average sized lots. The proposed fence involved in the variance request is in the area along the subject driveway and the side of the neighbor s house. Staff finds no conditions of hardship or loss of use of the property which would strongly support the variance. In this case it appears the tow neighbors have worked out a fence placement which has the support of both property owners. Staff has no objection to the requested variance. Mr. Brown asked for clarification as to which column the fence will end and for more detail regarding the height of the fence. A motion was made by Ms. Curtis to approve a two foot height variance on side yard fences between dwellings from four feet to six feet for PP# Seconded by Ms. Gorshe Ms. Laura Gorshe Mr. John Monroe Herman Gibans Fodor, Inc Applicant 1939 West 25 th Street Suite Cleveland, Ohio Sisters of St. Joseph of St. Mark Generalate Ohio Owner Chardon Road Euclid, Ohio 2011-VAR-14 PP# Chardon Road Variance Ward #2 Herman Gibans Fodor, Inc, on behalf of the Sisters of St. Joseph of St. Mark, has submitted an application requesting the required variances to erect two (2) new replacement 8 8 X40 ornamental railing and stone veneer post signs; where one sign and a 5 height are permitted. A variance of one additional sign; and a height variance from 1 5 ¼ to 3 8 are requested. Additionally, an approximately 1,255 lineal feet long and 48 high, galvanized aluminum decorative front yard fence is proposed less than 15 from the right of way; where a height of 36, wood, splitrail fence with at a least 15 setback from the right of way is required. A variance of 12 in height, style, materials and a 1 to 15 set back from the right of way is requested for Chardon Road. Six motions are required. Page 5

6 1. A motion to approve a variance of one additional sign for PP# ( (e)(1) 2. A motion to approve a 1 5 ¼ to 3 8 variance on sign height from 5 to 8 8 for PP# ( (e)(1) 3. A motion to approve 12 variance on fence height for a front yard fence from 36 to 48 for PP# ( ) 4. A motion to approve a materials variance from wood to galvanized aluminum for PP# ( ) 5. A motion to approve a front yard fence type variance from split rail to ornamental metal for PP# ( ) 6. A motion to approve a 1 to 15 setback from the right of way for a fence for PP# ( ) David P. DiFrancesco, Architect, Herman Gibans Fodor, Inc., was present to discuss this case with the Planning and Zoning Commission. Mr. Beno stated the original conditional use approval for the nursing home construction was heard in Today s case involves a change to the decorative wall along Chardon Road. The proposed design has been reviewed by the Architectural Review Board and was given an endorsement in terms of the aesthetic quality of the design. The subject property is located on a hillside of Chardon Road. This is a unique property that has been developed with a masonry wall in the front for many years. The proposed design will give better visibility at the driveway entrance than the existing wall does. Due to the unique nature of the property and the improved visibility for the driveway access point, staff agrees with the recommendation of the ARB and supports the requested variances. Ms. Gorshe asked if the fence is to be hollow and what the lifecycle was on the fence. Mr. DiFrancesco stated it is hollow and the warranty is for twenty years. Ms. Gorshe also asked form further details on the stone façade. She also asked about the recyclability of the existing wall, and details about the letters for the sign portion of the project. Mr. Drake asked for information regarding the light fixtures on top of the posts. Mr. DiFrancesco stated these details have been fully worked out due to technical light details of the individual letters. Councilwoman Scarniench spoke in favor of the project. Mr. Monroe made a motion to approve a variance of one additional sign for PP# Ms. Laura Gorshe Page 6

7 Mr. John Monroe Mr. Monroe made a motion to approve a 1 5 ¼ to 3 8 variance on sign height from 5 to 8 8 for PP# Ms. Laura Gorshe Mr. John Monroe Mr. Monroe made a motion to approve 12 variance on fence height for a front yard fence from 36 to 48 for PP# Ms. Laura Gorshe Mr. John Monroe Mr. Monroe made a motion to approve a materials variance from wood to galvanized aluminum for PP# Ms. Laura Gorshe Mr. John Monroe Mr. Monroe made a motion to approve a front yard fence type variance from split rail to ornamental metal for PP# Page 7

8 Ms. Marsha Curtis Mr. Howard Drake Ms. Laura Gorshe Mr. John Monroe Mr. Monroe made a motion to approve a 1 to 15 setback from the right of way for a fence for PP# Ms. Laura Gorshe Mr. John Monroe Julia I. Sadd Applicant/Owner 370 East 214 th Street Euclid, Ohio VAR-15 PP# East 214 th Street Variance Ward #5 Julia I. Sadd, owner/applicant, 370 East 214 th Street, has submitted an application requesting the required variances to construct a replacement garage one foot from the rear and two feet from the side property lines where three foot is required. A variance of two feet and one foot is requested respectively. One motion is required. 1. A motion to approve a variance of two feet for the rear lot line and one foot for the side lot line for PP# ( (f)(5) Ms. Julia I. Sadd, owner/applicant, was present to discuss this case with the Planning and Zoning Commission. Mr. Beno stated the existing lot was developed in a nonconforming pattern with the garage erected in the location which is being proposed for the replacement garage. Due to the relatively short depth of the rear yard, moving the new garage into a complying location would force the applicant to install a driveway which would have a jog of two feet. This would likely create a pinchpoint at the rear corner of the house and would tend to cause a hardship to the use of the driveway. While it is Page 8

9 always important for the applicant to present their arguments for hardship and unique circumstances, staff has no objection to the proposed variance. Ms. Curtis asked if the structure would be similar to the garage next door. Ms. Sadd stated yes, it would be similar. Mr. Monroe asked for clarification the request. A motion was made by Mr. Brown to approve a variance of two feet for the rear lot line and one foot for the side lot line for PP# Seconded by Ms. Curtis Ms. Laura Gorshe Mr. John Monroe Thomas & Eileen Fallon Owner/Applicant 311 East 232 nd Street Euclid, Ohio VAR-16 PP# East 232 nd Street Variance Ward #5 Thomas & Eileen Fallon, owner/applicant, 311 East 232 nd Street, have submitted an application requesting the required variance to replace 91 linear feet, 6 tall privacy fence. Approximately 30 feet of the fence is in-between two structures where the maximum height of a side yard fence is four (4) feet when located between dwellings. A variance of two feet is requested. One motion is required. 1. A motion to approve a two foot height variance on side yard fences between dwellings from four feet to six feet for PP# ( ) Thomas & Eileen Fallon, owner/applicant, were present to discuss this case with the Planning and Zoning Commission. Mr. Beno stated the subject property and its neighboring properties are developed in a somewhat typical sided driveway and rear garage layout. The proposed fence involved in the variance request is in the area along the subject driveway and the side of the neighbor s house. Staff finds no conditions of hardship or loss of use of the property which would strongly support the variance. Page 9

10 If the applicant is able to show conditions of practical difficulty, and the two neighbors are in agreement, then Staff would have no objection to the proposed variance. However, the commission should be aware that there are windows which might be negatively affected by the proposed fence. As always, the applicant bears the burden of proof to show that his proposal will not negatively affect the neighbor s property. Mr. Monroe asked for clarification as to where the new fence would end. A motion was made by Ms. Gorshe to approve a two foot height variance on side yard fences between dwellings from four feet to six feet for PP# Seconded by Ms. Curtis Ms. Laura Gorshe Mr. John Monroe Kathleen B. Foster Applicant Forestview Avenue Euclid, Ohio Irish American Club East Side, Inc Owner Lake Shore Boulevard Euclid, Ohio CUA-02 PP# Lake Shore Boulevard Irish American Club Conditional Use Approval Ward #5 Kathleen B. Foster, on behalf of the Irish American Club, has submitted an application for a Conditional Use Approval to allow the installation of an outdoor patio area in the rear parking area, adjacent to the rear building line of Lake Shore Boulevard, a U4 Local Retail Wholesale Use District. One motion is required 1. A motion to Conditionally Approve the installation of an outdoor patio area in the rear parking area of PP# (j) Postponed until the July 12 P&Z Meeting Page 10

11 MATTERS OF CONCERN: PUBLIC PARTICIPATION: INFORMAL COMMENTS OF COMMISSION MEMBERS: Ms. Gorshe wished everyone a Happy Father s Day Ms. Curtis wished everyone a Happy Father s Day and encouraged everyone to visit the new Lincoln Electric Wind Turbine. Mr. Brown congratulated the Executive Director of the Euclid Family YMCA for a successful campaign. Mr. Drake wished everyone a Happy Father s day, as well as a Happy and safe Fourth of July. He also commented on the wind turbine and the possible need for the Euclid Police Department to devise a plan for the likely tourist this will bring. ADJOURNMENT 8:45 PM SECRETARY CHAIRPERSON THE TAPED PUBLIC RECORD OF THIS MEETING IS ON FILE AT EUCLID CITY HALL AND MAY BE REVIEWED UPON REQUEST. Page 11