[0:19] hearing of the board of zoning and
building code of appeals is now called
[0:22] to order at 6:32
on December 17th. I ask the recording
[0:28] secretary to please call a role for
attendance of members on the board.
[0:32] » Mr. Colado,
>> yes.
[0:33] » Mr. Shalo,
>> yes.
[0:35] » Mr. Freda,
>> Mr. Scott,
[0:38] » yes.
>> Mr. Felman.
[0:39] » Yes.
>> Also present from the building
[0:42] department is zoning inspector Chris
Hall and law director Marketti.
[0:47] All persons in the audience are required
to sign in. Did you sign in by any
[0:51] chance?
>> I guess so. I signed
[0:52] » both. Okay.
>> Uh required to sign in on the
[0:56] registration sheet. If you have not done
so already, please do so. If you wish to
[1:01] speak at the hearing, you will be
required to be sworn in as in any court
[1:05] hearing.
Uh we're not going to go over the
[1:08] minutes this week from last meeting.
We're going to wait till next meeting
[1:13] and do all of them all at once.
All persons wishing to speak on the
[1:18] issue will please raise your right hand
and affirm this.
[1:22] Do you solemnly swear that the testimony
you will be giving before this board is
[1:26] to the best of your knowledge and
accurate and truthful presentation of
[1:30] the facts? If so, say I do.
>> I do. Now in turn, please state your
[1:35] name and relationship in the case to the
recorder of voice recognition.
[1:40] » I'm Jeff Snow. I'm the attorney for the
applicant.
[1:44] » Mr.11.
[1:48] » Thank you. The hearing will be conducted
in accordance with the provisions of the
[1:53] state of Ohio sunshine law. The notice
of the hearing was duly published in a
[1:57] newspaper in general circulation in the
city of Macedonia.
[2:01] The notice is available for review upon
request at the building department. The
[2:06] rules of the board require affirmative
vote of three members in order to pass
[2:10] regardless of the number of members
present at the hearing. The hearing is
[2:14] conducted in an informal manner to
review the evidence and to respond to
[2:19] questions. However, there is an outline
of steps that will be taken in order.
[2:24] The appellet does not have to be present
for the board to hear the case as
[2:28] publicized.
Each case number and request will be
[2:33] announced as a turn arrives. The first
case number today will be 10.
[2:39] » Is that right?
>> No, it's 722. The case number.
[2:44] » Yeah, Chris, we don't have that.
>> 722.
[2:47] » 722 is the case.
It's at the top,
[2:53] but it is 722.
>> Okay.
[2:57] Um each case number will be announced as
a turn arrives. The first case number is
[3:02] 722 and the appeal form is in order to
the secretary and any is there any
[3:09] correspondence from a notified adjacent
property owners?
[3:12] » No, there is not.
>> Is there any unsolicited correspondence
[3:15] regarding this case?
>> No, there is not.
[3:18] » Will the zoning inspector please state
the city's position?
[3:23] This is a continuation of the November
19th, 2025 meeting uh case number 722.
[3:29] The Board of Zoning and Building Code
Appeals will hear a request for a
[3:32] variance at 1011 East Aurora Road. The
variance is to section 11711
[3:40] E2A.
Parking and access drives shall be set
[3:43] back from the street rightway a minimum
of 20 ft. The applicant is requesting a
[3:48] variance to reduce the setback from the
rightway to 10t 8 in a variance of 9 ft
[3:55] 4 in.
[3:59] » Does the board have any questions to the
city?
[4:08] » I have one question. What was the
variance on la last meeting? If you
[4:11] could just kind of uh bring me up to
speed. Last last month it was a variance
[4:16] of what?
>> 10 feet 8 in and now it's
[4:19] » it's a variance of 9 feet in 4 in. The
setback would be 10t 8 in. The request
[4:26] tonight is a 7 foot variance based on
the drawing of the oneway.
[4:32] » I'm sorry to interrupt sure that's
clear. The variance was 9'4 in. We've
[4:38] decreased that by 25% based on the
suggestion of a oneway and side load
[4:44] parking. It does save um approximately 3
ft. So we're asking for a 7 foot
[4:50] variance
>> instead of an I4
[4:52] » which means the front yard would be 13
ft.
[4:55] » Okay.
[4:59] » The board will now allow the
presentation from the appellet.
[5:03] » Sure. I think we summarized this in our
letter. We were fortunate enough that
[5:06] the architect got it to us one day
before the due date and we were able to
[5:11] bring that to you. Um this is a decrease
from 9 f' 4 in to 7 ft which was a 25%
[5:19] decrease uh for the variance. Um he's
also decreased the number of parking
[5:24] spaces because of the side load. So we
go from 17 spaces plus one handicap to
[5:30] 14 spaces and one handicap another
decrease. The variance is consistent
[5:35] with the neighborhood. I carefully went
over what the other ones are. Uh there's
[5:39] there's setbacks of those areas that
vary from the 20 ft of 2 and 1/2 ft to
[5:47] 13 ft along the uh eight properties in
this area. There are only two properties
[5:52] that actually comply with the setback.
Dr. Bodies is one of those and the car
[5:57] wash is the other. We are um you know I
don't want to belabor it. We are seeking
[6:03] the variance of only seven feet based on
the suggestion of rerouting this the and
[6:10] making it a oneway the um factors that
you look at here these are based on the
[6:18] city's ordinances and also a case out
there called Duncan versus Middlefield
[6:23] and that's to set up to question what
are practical difficulties as I said
[6:28] initially last month our practical
difficulty is we cannot move the
[6:32] building back 7 ft in order to avoid a
variance. We can't get parking in the
[6:37] front. We brought the realtor. We didn't
bring them again, but you know, he's
[6:42] been marketing the property the entire
time. We were close with a financial
[6:45] services um client, but they didn't want
to pursue the property and pursue the
[6:51] build because they were concerned about
parking in the front of this property.
[6:57] It is a practical difficulty with the
property. We cannot move to the
[7:01] building. Gordon Food Service next door
has this identical thing, a seven foot
[7:06] variance. I brought that last month. We
are consistent with what's in the
[7:10] neighborhood. This is the minimum amount
that we need. Um we have had a long
[7:17] journey in this matter and we a very too
long and we hope that Dr. her older
[7:23] buddy is actually excited about building
this out and getting rid of those
[7:28] drive-thru lanes and putting parking in
the front. We have onethird of that
[7:33] building which is not rented. It is not
usable space as it sits because we
[7:39] cannot put parking in front of it.
>> That's the new the new section you're
[7:44] talking about.
>> No, no. Part of our existing building, a
[7:46] third of our building is not used. It is
you may not realize it, but it's walled
[7:52] off. to the drive.
>> Okay.
[7:54] » Nobody want
>> nobody wants it. It has a part of the
[7:57] drive-thru. We want to rehab that and
extend the space underneath the roof and
[8:02] then put in the parking. Your suggestion
of trying to minimize the variance was
[8:08] helpful in getting the architect to kind
of
[8:10] » Gentlemen, I apologize.
>> Oh, no problem.
[8:13] » First time in three years.
>> Um, I'm going to stop you right there.
[8:17] » Y
>> Chris, would you do another roll call,
[8:20] please?
>> Sure. Mr. Palato
[8:22] » here.
>> Mr. Shel,
[8:24] » yes.
>> Mr. Ayafredo,
[8:25] » speaking.
>> Mr. Scott,
[8:27] » yes.
>> Mr. Fawson,
[8:29] » yes.
>> Thank you, sir. I'm sorry. Go ahead.
[8:32] » No problem. So, we have diligently tried
to market the property to find tenants.
[8:37] We were very close with service tenant.
The issue is the parking and being able
[8:43] to easily access it. We have tried
various ways of
[8:48] finding other ways to get parking there.
um next to the building, but that
[8:53] driveway limits what we can do on the
west side of the building.
[8:57] » I see you take you took Mr. Scott's
ideas and put them to good use.
[9:02] » I think we I hope we did. Um I think he
did a really good job. We didn't have a
[9:07] lot of impact. We we you told him what
to do.
[9:10] » That's the good thing that he has
background good background with
[9:14] construction. So that never came to my
mind otherwise I would
[9:21] Does the realtor have any concerns with
So we're losing a few parking spots.
[9:25] Does that impact your potential?
>> Well, the idea is we need we need we
[9:31] need something this way. This way
this way you have immediate access to
[9:39] the to the property. But
>> I think answer your question, Bryant
[9:44] France. Okay. This property without the
new parking spots has more parking
[9:50] spaces than needed.
>> Yep. So, yeah. So, I got that, but I
[9:54] know we're just the front parking was
was an issue. So, I know you're losing a
[9:57] few, but is that an issue with the
realtor?
[10:00] » We asked him, he said it's still better
than nothing.
[10:03] » Yeah, right now we have nothing. And so,
we are happy with something. We are
[10:08] losing about what what amounts to three
spaces. It's 16%. I did the calculation
[10:13] of it, but we can work with it and and
you gain you gain basically almost three
[10:20] feet.
>> Um so we're trying to minimize that
[10:23] variance. We also have um landscaping
here. We still go to the planning
[10:27] commission. He brought his original
plans um just brief. Those plans were
[10:32] originally approved. Dr. Alabati sat
with the mayor before he bought the
[10:36] property and talked about this. That was
Mig Joe Miglerini at the time. He went
[10:41] before the planning commission. This
plan was approved. exactly like we have
[10:45] it. But then he didn't build it within
the year. So that plan expired, right?
[10:50] » So we had to start again and that's what
created the variance issue. And that's
[10:54] created
>> this is what it's going to be right now.
[10:56] » You have an opening here. You're going
to have to move the the um entrance.
[11:03] Okay. And this is going to be all one
way all the way around. Correct.
[11:08] Well, you have to open up this this
driveway across the street from Tractor
[11:12] Supply.
>> You're widening it.
[11:15] » You're widening it.
>> We're not changing the alignment.
[11:17] » No, no, the alignment straight with with
Tractor Supply.
[11:22] » I mean, uh, Gordon Food Ser. I'm sorry.
>> Yes. And then the rest of the
[11:27] landscaping. I see that you put a a
block garbage garbage can in the back in
[11:33] the corner.
>> Yeah. Yeah. all the new landscaping all
[11:36] around. You're going to have to go
through planning commission to get that
[11:38] all approved.
>> Okay. But they'll like that probably and
[11:41] they may give you some more suggestions.
Um
[11:46] yeah, I thought Mr. Scott did a pretty
good job here and it really did save
[11:51] some some space and I really don't think
you're losing much to be true. Okay. The
[11:57] only problem I have, and I know that
this has been from day one, you don't
[12:02] want your customers or patients to walk,
okay, far. Okay. I don't feel that one
[12:10] handicap parking space up front is
sufficient. I would like to see all
[12:15] three of these spots as handicap. Okay.
The existing door that you have now,
[12:21] entrance to the dentist office, there is
no handicap there.
[12:25] » No, there is no
I drove through it.
[12:29] » There are there are codes that govern
that also.
[12:32] » I understand
I will have three parkings handicap park
[12:38] for the property. One in the front here
and two out here they are existing.
[12:43] » But your suggestion is that these turn
into handicap.
[12:46] » That's absolutely right. Yeah.
[clears throat] That's was your main
[12:49] thing coming in here. You didn't want
people walking 200 feet. Okay. So, if
[12:54] you're only going to give one handicap
for the person that can't make it 20
[12:59] feet, all right, make all three of these
up front. All right. Handicap.
[13:05] » All right. You have 17 or
>> But that limits that that limits the
[13:08] customers that can park there. So, I
>> Well, they can park right across the
[13:12] street right here.
>> Well, but I can again that's not exactly
[13:19] exactly what we're not here to discuss.
codes that
[13:22] » we have to go before the the planning
commission here.
[13:26] » Correct.
>> And we will be there to discuss it once
[13:29] if you grant a variance. We will talk to
them about handicap spaces and what
[13:35] should or shouldn't be handicapped
because this over here might also
[13:39] function as a handicap space because it
has a side load.
[13:43] » Um you'll see that this handicap space
has a side load area. So a handicapped
[13:48] van could unload.
>> There's minimum require requirements uh
[13:54] you know for these type
and we're not we're not looking we're
[13:58] not here to discuss anything outside of
that. Uh so any any codes that govern
[14:02] that is outside of this meeting to be
quite
[14:05] » Chris. What is the code on that? Do you
know?
[14:09] » Excuse me. the code
>> the code on
[14:11] » hand no
>> like I said the thing is you know I just
[14:17] we're we're we're talking about what the
layout is and this is what we talked
[14:21] about last time in the last three times.
Okay. So I rather get it out on the
[14:26] table here. Okay. If I have to go to the
planning commission meeting, I'll go to
[14:30] the planning commission meeting and
bring it up to them. Okay. But your main
[14:35] thing when you came in here from day one
was your
[14:41] problem, okay, of handicap or not
handicap but the walking distance. Okay.
[14:47] [clears throat] And I don't feel one
parking spot for handicap is sufficient
[14:51] is what I'm telling you. Okay?
>> So you could do that on your own or wait
[14:57] to the planning commission, whatever.
But I'm going to recommend it to the
[15:01] planning commission. Okay? It's a good
recommendation.
[15:04] » Y
>> whether it gets somewhere or not is what
[15:06] we're here to vote on.
>> I'm here to discuss about
[15:13] not other codes.
>> So, we don't have anything further
[15:16] unless any of you have questions. We
appreciate your time and we want you to
[15:21] earn your $5 quicker. I didn't even know
that you guys are paid $5.
[15:26] Yeah. So, I appreciate your time and
your energy in looking at this and we
[15:30] appreciate the suggestions that you've
made all along the way.
[15:33] » Well, I I will say this. I'm glad you
took the suggestions and I'm glad we
[15:37] were able to meet again. Uh and this has
been a long time coming. I wish I I wish
[15:41] I would have been here, you know, in the
beginning of this. Um you know, not
[15:46] having parking in the front along the
street seems absurd, especially when
[15:50] everybody else does. I see you took my
suggestions. I am a little bit
[15:53] disappointed that your architect chose
60° versus 45° which would then minimize
[15:59] the impact on the road. So I not to beat
a dead horse, you know, we're talking,
[16:05] you know, you're saying 16% that would
decrease that to about 14%. If you went
[16:10] from 60% uh to 40 60° to 45° uh but you
know I I think this is long overdue. I I
[16:18] think in my opinion um there's been a
compromise on both ends. Um but once
[16:24] again bit disappointed that you guys
chose 60 degrees versus 45 degrees when
[16:29] we're trying to minimize the impact.
Okay. That was a choice you guys made.
[16:34] Just saying it's disappointing.
>> Give us more parking spots.
[16:38] » It' be less.
>> So So what what the it wasn't the amount
[16:43] of parking spots that you were coming
here for. it was front parking. There
[16:47] was never anything specified on the
amount of parking, but we're trying to
[16:52] minimize
>> the impact on the city, right? So
[16:56] minimize would be 45° versus 60. So what
we did is we instructed the the uh
[17:04] architect to come up with a plan that
had siloed and we didn't have a I I
[17:10] didn't know there was a difference with
regard to it and I appreciate it and we
[17:14] can certainly talk to them as we get to
a final plan.
[17:17] » Yeah, I think that would be more
appropriate than the 60° because we are
[17:21] trying to minimize.
>> All right. And and the reason why we
[17:25] went with the side load parking is to
minimize and we all agreed on that.
[17:29] Okay. So this is like almost there but
then a half a step back, right? So
[17:34] that's a little disappointing that he
chose that knowing that we're trying to
[17:38] minimize the effect. Well, I I
appreciate the the words and what I do
[17:43] want to say about these factors so we're
clear. These are factors that no single
[17:49] factor controls this and you don't have
to meet all of these factors. Does that
[17:53] make sense? So I know one of the factors
is um whether the inentral character of
[17:59] the neighborhood would be changed uh
whether it um you know it could be
[18:04] minimized in some other way. Those are
all like as a group not one not every
[18:10] one of them necessarily has to be met.
What we will do is we will work with the
[18:16] architect and the planning commission to
come up with a plan that would meet all
[18:22] their expectations too.
>> Yeah. And usually what dictates whether
[18:26] you're going 45° or 60° is the lane
traffic that you have to approach that.
[18:33] And this I believe you have 19 18 ft 19
ft which is plenty
[18:40] uh to go to 45° and it actually makes
your approach even a little bit more
[18:45] comfortable to be quite honest and it
makes it minimize uh the depth that you
[18:50] have on the property. It's better use of
the space.
[18:53] » Could you do that on both sides?
>> You can do it here and you can do it
[18:57] here
>> because you wouldn't want to make one.
[18:59] » And then you got this double hashed here
for next to the handicap. It would get
[19:03] pushed that way and you don't lose
anything here because
[19:05] » I'm just I'm just wondering if from your
expertise could we do it on could they
[19:09] do it on
>> You should do it on both sides.
[19:10] » Yeah, you would want to. Yeah,
>> that's all I'm asking.
[19:14] » I I would tell him that if this pass
today, I would tell them to see if he
[19:19] can revise it to be 456
>> contingent on that change. I I I would
[19:24] recommend the board approve this
contingent as drawn contingent on that
[19:29] change. I don't know how to properly do
that
[19:33] discussing this
because
[19:39] this angle and you go this angle you
need more more space like more this more
[19:45] variance like instead of being
>> it'll be less variance
[19:49] » you'll need less variance
>> trust more this once it's strong you'll
[19:53] see you'll need you'll need less
>> we did not have a lot of an impact with
[19:57] the architect we basically said this is
You're lucky you got it back that quick.
[20:01] » Well, we were amazed that we made the
day and then that week we didn't think
[20:05] we were getting it and then we just for
like we need it
[20:08] » at 60% we're at we're at 7 ft 60°
>> 60° I'm sorry at 40° probably going to
[20:16] be where about 6 foot
>> 45 degrees. So that that that that's a
[20:22] change of what are we looking at 25%. So
15 30 45 60. So it's a 25% change in the
[20:30] tangent. So you know you're going from
60° to 45°. So you're just changing that
[20:36] a little bit. So we went from 9 ft to 7
ft. That'll bring us probably down or
[20:40] whatever the math was that we're asking
last month. This month it would drop
[20:45] down a little bit. We get more in line
with our bylaws or whatever it's called
[20:50] that you know minimum necessary.
>> Any other questions?
[20:55] So are you looking to make a motion
then?
[20:57] » I don't know how to properly do that.
>> So what I would suggest for the motion
[21:01] if I if you don't mind
>> go ahead.
[21:03] » Um based on your discussion would be a
motion to grant the amended variance
[21:06] request of a of a 7 foot variance
subject to compliance with any
[21:11] applicable regulations imposed through
the Alexandria Square Association
[21:16] and contingent on the parking angle
being reduced from 60° to 45°.
[21:24] And if you want to do the handicap
parking handicap parking, if you want to
[21:30] put it in, if not, I'll go to planning
commission.
[21:33] » I mean, that's so somebody can say so
moved if you want to make that motion.
[21:38] » So moved. Absolutely. [clears throat]
>> Unless you have anything else to add to
[21:42] that.
>> So moved, which what you talked about,
[21:44] or the handcap,
>> what I what I just read. So if you make
[21:48] the motion, if you say so moved,
>> so moved.
[21:51] » Then somebody can second it.
>> I second.
[21:53] » You can make a motion to amend to add on
the handicap if you want and then you
[21:58] guys can vote on the handicap aspect
>> afterward.
[22:01] » Right now
>> I would like to add on the handicap to
[22:06] the extra handicaps in the front on the
>> I just need to bring your attention if
[22:10] we're going to do three handicap in the
front and the other two handicap the
[22:14] property will have five handicap. It's
from 42 to from 42.
[22:21] I already have existing two hand
>> by the this by this door here.
[22:29] » You're telling me you have two at this
door here.
[22:31] » I have
>> at the existing entrance to the dentist.
[22:34] » There's two.
>> There are two in the rear. And that's
[22:37] how I saw one side
to each other.
[22:41] » There's two each other.
>> Well,
[22:43] » okay. So, so Chairman Plato, if I'm
understanding correctly, you want to
[22:47] make a motion to amend the main motion
to recommend to the planning commission
[22:52] that they consider requiring handicap
parking as you've stated.
[22:56] » That's correct.
>> Is that correct?
[22:57] » Yes.
>> Okay. So, you can say so moved.
[23:00] » So move.
>> If somebody wants to second it, you guys
[23:02] can then vote on it. If there's no
second, then
[23:05] » there's no second and you just vote on
the main motion.
[23:09] » I'll second that motion.
[23:15] Chris, you take a roll call, please.
>> Hold on.
[23:19] » This vote for everything.
>> This vote is only on adding the handicap
[23:25] recommendation to the planning
commission.
[23:27] » Okay,
>> Chris.
[23:30] » Mr. Palado,
>> yes.
[23:31] » Mr. Shela,
>> no.
[23:33] » Mr. Hya,
>> yes.
[23:34] » Mr. Scott,
>> no.
[23:36] » Mr. Fossil,
>> no.
[23:39] So the motion to amend fails. So now the
main motion is in front of you uh to
[23:45] grant the variance request as amended
subject to the Alexandria Square
[23:50] Association regulations and contingent
upon the parking angle being reduced
[23:55] from the 60° to 45°. We can have
discussion or call vote.
[24:00] » Mr. Pado,
>> is there any discussion? Anybody want to
[24:03] add anything to that or discuss
anything?
[24:07] Okay, Chris,
>> go ahead.
[24:11] » Mr. Shel,
>> yes.
[24:13] » Mr. Alfredo,
>> yes.
[24:14] » Mr. Scott,
>> yes.
[24:16] » Mr. Fossil,
>> yes.
[24:19] » You didn't do me.
>> You referred to
[24:21] » I don't I didn't say anything.
[laughter]
[24:23] » Oh, did you call?
>> Yes.
[24:27] » Did you say?
>> No, I said yes.
[24:30] » Oh, okay. Thank you so much. So, case
722
[24:36] has passed
and you'll be going to the planning
[24:40] commission.
>> Thank you very much.
[24:43] » Yes, you're welcome.
>> We'll consider all your thoughts here.
[24:47] » That would be great.
>> Thank you.
[24:49] » How long has this been going for?
>> Three years.
[24:53] » Years.
Merry Christmas everyone.
[24:57] » We appreciate that.
>> This is the fifth time this
[25:02] Thank you so much.
>> Have a great holiday.
[25:06] » You too.
>> Merry Christmas everybody.
[25:09] » Okay. And happy new year.
>> And I'd also like to thank the service
[25:14] department and the rec center. Okay. For
the lights in Longwood Park
[25:21] and the service department for keeping
these roads
[25:24] » clean. All right. And the safety forces
because they're on top of Santa Claus
[25:29] and all. So, thank you very much. Merry
Christmas to everybody. Happy New Year.
[25:34] And um I guess we'll set up a meeting
for January for officers. Chris. Okay.
[25:41] We'll see what's going on there. All
right.
[25:43] » I will not be here. [clears throat]
>> Okay. Anybody else?
[25:46] » I have grand jury duty for two months.
>> Yeah. Have a good time. Um
[25:53] » well, we'll see. Um we may just set it
up anyhow because it's not going to be
[25:57] no big deal. Um,
>> if you guys need a secretary, I can come
[26:00] in for that, too.
>> Okay, I'll let you know. And the only
[26:04] thing is is the minutes. If you got them
done, send them to me or drop them off
[26:09] at the house and I'll sign them and
we'll go from there. Okay.
[26:12] » Um,
motion to adjurnn.
[26:18] » Thank you all of you very much.
Thank you.
[26:23] Merry Christmas.