[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.

City of Macedonia December 17th, 2025 BZA Meeting

Transcript