BZA Special Meeting 5.24.22

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[0:12] so
[0:16] uh
[0:46] okay we are live we're just waiting on
[1:06] i guess technically gives way to seven
[1:12] hello alexandra hello hi
[1:26] uh dan is uh is debbie with you
[1:35] wait uh just two minutes
[2:04] well
[2:12] [Music]
[2:15] this one
[2:38] okay debbie ready
[3:00] she said go ahead
[3:03] okay good evening this is a board of zoning appeals meeting uh for mayfield
[3:07] village today is may 2nd 2022
[3:12] uh um this is uh this meeting is being held
[3:16] via zoom today and it is six o'clock
[3:21] uh first uh order of business uh that we have is consideration of meeting minutes
[3:26] for april 19 2022. make a motion to accept
[3:32] second one call
[3:40] you to speak labor systems
[3:44] yes yes
[3:49] yes
[3:52] that's approved we have one case on the uh the daca
[3:56] today case number twenty two zero two twos uh-04 the applicant is uh john and
[4:02] jennifer jurisic uh of 721 robbery lane
[4:07] uh mayfield village four four zero four zero
[4:11] uh permanent parcel number eight 831-25-018
[4:16] it's a request for an eight-foot wide variance from section
[4:22] 1119.09c to allow for construction of a 24
[4:26] foot wide driveway a budding property owners on robley lane
[4:31] have been notified
[4:36] and jennifer are you going to
[4:39] state your case if so i need to swear you in
[4:42] i can okay uh if you could just hold your
[4:46] hand up do you swear to tell the truth the whole truth and nothing but the
[4:50] truth i do okay uh state your case uh i i know i've provided uh some
[4:56] lengthy um documentation to the board but just as a
[5:02] review uh we currently have an asphalt driveway
[5:06] with the concrete apron the concrete apron came about uh with the sewer
[5:11] replacement or the sewer conversion
[5:14] and we are looking to replace our asphalt driveway which is um by the
[5:19] pictures that i have pictures don't do it justice for how
[5:22] terrible it is um we are replacing we want to replace the asphalt driveway
[5:27] with concrete to match the apron the asphalt driveway is currently 15
[5:32] feet we are asking for a variance for 17 feet you could see at the bottom end of
[5:39] the concrete driveway there's water that's pooling
[5:42] um we
[5:44] for a couple of reasons so um you know the 15 feet is obviously small
[5:49] we have two bigger suvs so the variance the small feet foot
[5:54] variants there would help correct that flooding that happens at the end of the
[6:00] concrete driveway back when the apron was first pulled
[6:04] after the sewer conversion we had brought it to the attention of mr
[6:08] morella's attention uh several times but it was one of those that it was sort
[6:13] of wait and see what happened they were going to come back and grade it a little
[6:18] bit better uh the the company that was doing the the concrete that never
[6:23] happened and so we constantly have water pooling there uh in addition to that we
[6:29] have um a third driver almost almost the third driver in the house and we are
[6:36] looking um just to have a small parking pad just for a small sedan
[6:41] in the side of our house uh that would fit that car so we're
[6:46] constantly not juggling cars around um
[6:51] as it is right now we sort of juggle cars around with the third car um in the
[6:54] driveway it would it would be a hindrance
[6:57] to us and then um we have a basketball hoop the kids
[7:00] playing in the driveway i have two other children too um so in total we were just
[7:05] looking for something like that um as i mentioned we plan on doing um
[7:10] right now we actually had a flower bed in that place where the parking pad is
[7:14] we haven't replaced it so it's sort of um
[7:19] yes right there so there was a flower bed there that was surrounded by brick
[7:23] we had taken it out knowing that we were probably going to
[7:26] want to do this so it actually doesn't extend any further than the flower the
[7:31] circular flower bed that was there um
[7:34] so we would like to do that we've talked with
[7:38] the neighbors mr and mrs rodriguez who are on that
[7:42] side they have no issues with it
[7:46] in addition we talked to the abutting property owners that are
[7:50] listed here we've talked to over half of them
[7:55] to us or i've seen them out since the notice has been set out
[8:00] no one has any kind of objection at all some of these abutting property owners
[8:05] themselves have parking pads
[8:09] some smaller some bigger than us i included
[8:13] some driveways just for
[8:16] to demonstrate the variability on robly so
[8:20] our what i feel like what we're asking the board does not
[8:25] is not exorbitant compared to what's on the street and it wouldn't stand out
[8:29] um after we get the parking pad in we would
[8:33] actually plan on doing landscaping around that so it doesn't stand out
[8:38] we're actually going to have matching landscaping
[8:40] um on both the left and right side of our house
[8:43] after we're all said and done so i i know i provided a lot of information
[8:48] in the packets but i'm happy to answer any kind of questions if there are some
[8:52] thanks jennifer and just to be clear here uh and i think i missed it but uh
[8:56] uh dan correct me if i'm wrong she's asking for two variances is that
[9:01] right one of uh the 16 feet um
[9:05] for the majority of the driveway and then 24 feet is that true or
[9:10] just one i think it's the distance to the next property because it's nine feet
[9:14] instead of ten so
[9:17] there's nine feet there's nine feet still between our what what would be
[9:21] between our property line and the next property line so we actually exceed the
[9:25] three feet minimum okay for that um so it would just be the
[9:30] the two feet running down well the two feet that's running down to the one
[9:34] foot so i think it's actually like eight feet um an eight foot variance in one
[9:38] part of our driveway and then half below would be um just a one foot
[9:49] feet variance uh because you're allowed to have 16 right now they have 15 feet
[9:53] um and you want to do 24 at the at the pad to the garage so
[9:59] you have to look at two variances of one foot variance
[10:09] hey dan let me make sure i heard you're a little bit sounds like you're in a
[10:13] hallway or if you can get closer to the mic
[10:16] perhaps uh so so you are saying that there are
[10:19] two variances being requested here one uh one foot variance of the 16 feet and
[10:23] then an eight foot uh variance also
[10:29] look at that way i just did a one variance
[10:32] the total width of 24 feet um 16 feet is allowed and they wanted to
[10:38] extend the upper portion much larger so i went
[10:41] with a much larger variance request but yeah it i mean it could be
[10:48] two if you really want it to be two uh the one foot um
[10:53] extension with at the lower end of the driveway then
[10:57] the upper portion near the garage is an additional parking pad which you
[11:01] extended their seven feet of width
[11:04] yeah thanks for that and i'm i'm sorry diane um are you are you counsel i i
[11:09] haven't met you before yes i'm sorry yes i'm diane carlton it's nice to meet you
[11:14] thank you pleasure okay uh i just want to make sure that's
[11:17] uh clear there too uh john or uh alexandra any thoughts
[11:22] yeah so i uh heard you mentioned that uh you didn't have this issue with the
[11:26] water pooling before the sewer replacements
[11:29] um well it was because it was asphalt the whole way down and we had the ditch
[11:33] so we had a big ditch there okay um if they just didn't
[11:38] grade it enough that there needs to be more of a decline into the ditch so
[11:43] that's so what what we're saying though is that there are the changes that were
[11:47] made to improve the sewers in the village caused
[11:50] sort of specific circumstances to your property that requires this variance
[11:56] correct for that piece of advice that is correct
[12:00] and i have a question for you and steve you're saying it's a one foot uh
[12:05] variance for that one section the whole length but according to drawing it says
[12:09] two feet
[12:12] well the existing driveway is 15 feet now you're allowed 16 feet well but the
[12:16] variance is drawing shows they want a two-foot
[12:19] variance right but you're allowed to have 16 16
[12:22] feet of one it's just one foot is beyond what you're allowed
[12:28] jennifer yes when i drove by the house you have one large tree
[12:32] on the right hand side of the driveway that's gonna be close to the
[12:37] new pad how's that going to be protected uh that will be protected so uh actually
[12:42] that's a good picture to look at so um we are coming up
[12:47] um right where that dirt spot is is sort of
[12:51] where up a little bit more is where the cutaway would be to for the start of the
[12:57] pad it actually won't impact that tree at all so the tree the tree would
[13:03] remain healthy we have no plans to doing anything with that tree um we have to
[13:08] it has you know it's we keep care of it and trim it as we need to we have no
[13:12] plans to remove it very good
[13:20] uh alexandra or john we actually thought that keeping
[13:24] that tree as well in addition keeping that tree
[13:27] um helps with the landscaping too so it's you know what screens it from the
[13:31] view so correct
[13:35] and it does look you know if you look at the google maps um aerial photo like
[13:39] just two driveways down there's one that looks
[13:42] almost twice as wide as the current width
[13:45] that is actually um mr monk that is actually one of the
[13:48] pictures that i have there um for the comparison
[13:53] yeah so there are definitely wider driveways in the neighborhood
[13:59] this is similar to a pad that was requested last one on a different
[14:02] property too
[14:05] we are actually it would be mirroring the 689 robley right there is what it
[14:10] would be very close to so the top left picture
[14:14] is where it would be very close to um for us
[14:19] that would be right where i think this one is different is that they're
[14:22] correcting a drainage issue because that's going to destabilize the driveway
[14:27] so they're repairing a flaw that wasn't there before and so it's a unique
[14:31] feature of this plot
[14:38] um
[14:40] the two feet so the six to 17 feet versus
[14:44] the 16 feet jennifer um
[14:47] [Music] you're saying is exclusively
[14:50] to uh help with the uh the drainage issue is that correct
[14:54] that is correct so if you um one of the pictures that sort of shows
[14:59] the water pooling on it right there if you take that and you you
[15:03] pretty much measure that that is roughly two feet right there
[15:12] okay from the board any other thoughts
[15:18] so information on the paperwork that she sent out so
[15:22] most of the stuff was answered there okay
[15:25] very very good so then the conditions upon which an application for variance
[15:28] is based are particularly i'm sorry uh
[15:32] um considering whether there's a practical difficulty we have to look at
[15:35] whether the conditions upon which an application for variance is based or
[15:39] particularly the subject property with respect to the physical size
[15:42] shape or other characteristics of the premises or joining premises
[15:46] differentiating it from other premises in the same district or the variance
[15:51] would result in an improvement of the property that is more appropriate more
[15:54] beneficial to the community than would be the case without granting
[15:58] of the variance i see both those conditions being met
[16:02] uh so we'd look for a um a motion
[16:11] uh roll call uh deb
[16:15] mr defranco yes mrs jim blank yes mr machelko yeah
[16:22] emotions approved um
[16:26] so um let's see here are there any other so
[16:30] that motion's approved uh are there any other uh considerations
[16:34] for the board
[16:38] if not uh motion to close
[16:43] move to adjourn adjourn
[16:46] stable they have 10 days to appeal so we're not
[16:49] going to be able to issue a permit in the next 10 days just because
[16:52] somebody wants to appeal right thank you so there are 10 days to
[16:57] appeal so thank you any other thoughts there
[17:03] good uh so i think i heard motion to adjourn
[17:07] seconded all in favor bye
[17:12] very good eye as well so everybody have a great day thank you thank you everyone
[17:16] bye thanks everyone great meeting