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Planning Commission Meeting Minutes - October 28, 2013


The meeting was called to order by Chairman Fritz at 5:05 p.m.

PRESENT AT ROLL CALL: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard

Others Present: Dave Strichko, Building Inspector, Aimee Lane, Assistant Law Director, Jeff Filarski, Village Engineer, Sherri Arrietta, Clerk of Council

Mr. Stanard made a motion seconded by Mrs. Cooper to approve the minutes of the September 23, 2013 meeting.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
ABESTENTIONS: Mr. Bolek
MOTION CARRIED


Ed Fakeris
35400 Jackson Road
Accessory Building

Mr. Ed Fakeris, homeowner, was present at the meeting. He stated that he is proposing to build a 16 x 12 accessory building with a 4 ft. porch on the front. It will be placed in a wooded area and therefore will not be visible from the street or by the neighbors. Mr. Fritz stated that the setback requirements were met and that there are no other accessory buildings on the property. Mr. Stanard asked if Mr. Fakeris intended to install plumbing or drainage. Mr. Fakeris stated that he did not.

A motion was made by Mayor Renda seconded Mrs. Cooper to approve the accessory building located at 35400 Jackson Road.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Jeff Goldberg
65 Fircrest Lane
Shed

Dr. Jeff Goldberg, homeowner was present at the meeting. Mr. Fritz informed the members that since the shed is under 200 square feet, it is not subject to the Building Code and that the setback requirements have been met. Mr. Goldberg stated that he is proposing to build a small shed, unlikely to be visible from the street or by the neighbors. It will be located behind the driveway, between trees at the edge of a ravine. He stated that the purpose is for storage use in order to free up room in his garage. Mr. Goldberg stated that there will be no utilities. Mr. Strichko stated that it meets the setback requirements. He reminded Mr. Goldberg to call for a site visit when the location is staked out so that he can verify that the shed will be within the setbacks before it is built.

A motion was made by Mr. Stanard seconded Mr. Bolek to approve the shed located at 65 Fircrest Lane.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


John Pogatschnik
175 Mill Creek Lane
Shed

Mr. John Pogatschnik, homeowner was present at the meeting. He stated that there is currently an accessory building on the property that will come down once this proposed shed is built. Mr. Pogatschnik stated that he is proposing to build a 12 x 16, 2×4 frame-built shed. The color will match that of the house and it will be used for storage of lawn equipment. He stated that the reason it is positioned behind the house is so that he can utilize the existing paved driveway and so it will not be visible from the road. Mr. Pogatschnik stated that it will be visible to the back side of the lot; however the neighbors to the rear have a large barn on their property. He stated that his shed will be located diagonal to the southeast of their barn. There will be no utilities. Mr. Fritz stated that since the shed is 192 square feet it, it is not subject to the Building Code. Mrs. Cooper stated that since the shed will be somewhat visible, Mr. Pogatschnik should make sure to landscape around it for aesthetic purposes.

A motion was made by Mr. Bolek seconded Mr. Stanard to approve the shed located at 175 Mill Creek Lane.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Richards-Gohring Residence
35500 Jackson Road
Barn

Mr. Christopher Richards and Mrs. Karen Gohring, homeowners, were present at the meeting. Mr. Fritz stated that the setback requirements have been met; however it is rather close on one side. He stated that there is a notation on the plans that it is incumbent on the homeowners to make sure that they do not encroach on the side setback requirements. Mr. Richards stated that he is proposing to build a 28 x 20 barn on a concrete slab, for storage of lawn equipment and patio furniture. Plumbing will not be installed; however, there will be electrical for lighting only and also possibly a spigot for a hose.

A motion was made by Mr. Bolek seconded by Mr. Stanard to approve the barn located at 35500 Jackson Road.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


King Residence
155 Aspenwood Drive
Shed

Mr. Jim Marx, owner Custom Landscaping Co., Inc., was present at the meeting. Mr. Fritz stated that this shed is under 200 square feet and therefore is not subject to the Building Code. He stated that it meets all the setback requirements. Mr. Marx stated that he is proposing to build a shed on a gravel base, primarily for storage use. There will be no utilities. He stated that there is foliage between his property and the neighbors’, which should block the view. Mrs. Cooper recommended to Mr. Marx to add landscaping around the shed to enhance the appearance.

A motion was made by Mayor Renda seconded Mrs. Cooper to approve the shed located at 155 Aspenwood Drive.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Lombardy Residence
15 Park Lane
Garage Addition

Mr. Matt Howells, Your Carpenter Inc., was present at the meeting. Mr. Fritz stated that there were notes from the architect, specifically related to a dormer. Mr. Strichko stated that Mr. Kawalek, Village Architect, recommended that the dormers be moved up in order to make them more uniform, so that they do not look so off-set. He stated that there was also a note regarding the trusses. Mr. Strichko informed Mr. Howells to have the engineer truss design on site for the inspector. Mr. Howells stated that Mr. Lombardy was not satisfied with the ceiling height in that particular structure which is a pre-form structure. He stated that he is currently re-designing it as more of a post and beam type structure. There will be a beam at the ridge and the floor will be dropped a little lower but there will still be almost a 9ft. ceiling height in the garage. Mr. Strichko asked if the exterior was going to remain the same. Mr. Howells stated that it was. Mr. Strichko stated that once that truss design is complete, it will need to be submitted to him so that he can review it. Mrs. Cooper asked if there was going to be direct access to the house from the garage. Mr. Howells stated that there will be; the house was originally designed with the garage but they did not elect to build it at that time. There is a link on the second story floor plan that will take you into the second floor of the garage. He stated that in the future, the Lombardy’s intend to finish that second floor space.

Mr. Bolek recommended combining two of the small dormers into one large one and keeping one smaller one in order to balance out the overall appearance, since the dormers on the house are much smaller. Mr. Strichko stated that he would need to resubmit revised plans for review if he chose to make those changes. Mr. Howells stated that he would have to get permission from the Lombardy’s before making a decision as to whether or not to modify the design. Mr. Strichko reminded Mr. Howells that this is just an aesthetic recommendation; however, if they do decide to make that change, he will still need to review the plans.

A motion was made by Mayor Renda seconded Mrs. Cooper to approve the garage addition located at 15 Park Lane contingent upon adherence to the architect’s notes, and for any modifications to be resubmitted to the Building Inspector for his review.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Graffy Residence
32600 Jackson Road
Porte Cochere

Preliminary Discussion
Ms. Teri Ianni, TI Design, was present at the meeting. Mr. Fritz stated that the setback requirements have been met and that this is not an accessory building since it is attached to the house. Ms. Ianni stated that the porte cochere was designed with identical materials to the house; brick, sandstone, roof, as well as the skylight and will have soft down lighting. She stated that the roof line is matched to the master suite roof line, which is to the right of the structure. Mr. Fritz asked how many different roof pitches there are on the entire structure. Mr. Strichko stated that there are 4 roof lines; however, all the pitches appear to be similar. He stated that without having a full submittal, he cannot determine that for sure. Mr. Bolek stated that if there are in fact more than 2 roof pitches, a variance would be required. Mr. Fritz stated that they will need to submit completed drawings to the Planning Commission for final approval and informed Ms. Ianni that the submittal should indicate how many different roof pitches there are.


Nock Residence
32805 Miles Road
New Dwelling

Mr. Kevin White, Architect, and Mr. Ryan Sanders, Premier Custom Builders were present at the meeting. Mr. Fritz asked if there were any changes made to last month’s submittal. Mr. White stated that the amount of the stone on the house has increased as well as the addition of more elaborate detailing. Mr. Sanders stated that he has verified that there will be two existing structures on the property that will be coming down; a garage and a pole barn. Mr. Fritz stated that the removal of those two existing buildings will decrease the total square footage of accessory buildings to 722 sq. ft. over the allowable accessory building square footage; however it is grandfathered in.

Mr. Bolek asked for information regarding the 3 roof pitch variance request that will be heard at the BZA meeting tonight, since he was not in attendance at last month’s meeting. Mr. White explained his reasoning behind the 3 roof pitches and stated that the third roof pitch will be hidden by a gable, and therefore, will not be seen from the front. He stated that the two-pitch rule is often in place in order to ensure good, consistent architecture; however, it can also be a handicap.

A motion was made by Mayor Renda seconded Mr. Bolek to approve the new dwelling located at 32805 Miles Road, contingent upon BZA’s approval of the variance request.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Vogelbaum-Rosman Residence
40 North Strawberry Lane
Solar Panels - Conditional Use

Mr. Fritz stated that since this item was tabled at the September 23, 2013 meeting, it will require a motion in order to remove it.

Mr. Stanard made a motion seconded by Mrs. Cooper to remove the item at 40 North Strawberry Lane from the table.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Chairman Fritz declared the public hearing open at 5:50p.m. At this time, Mrs. Lane administered the oath to those who wanted to speak at the hearing.

Dr. Michael Vogelbaum and Mrs. Judith Rosman-Vogelbaum were present at the meeting. Dr. Vogelbaum provided updated plans to the members. He stated that at the last meeting, they were asked to provide additional information. Dr. Vogelbaum stated that the snow load has been verified as 20 pounds per square foot and has been updated in the engineers report. He stated that Section 1177.09(g)(1) states that solar panels can be placed on the roof of a structure that is not visible from the street. The original plan included panels that were mounted on the rear of the house, which was in compliance with that section; however, he stated that they also proposed to have panels on the front of the house, on a side facing garage, which can be seen from the street. Dr. Vogelbaum stated that the Section 1177.09(g)(2) states that alternative roof locations can be allowed if four requirements are met. The first requirement is that the alternative location produces substantially more electricity than the location in subsection 1; he stated that adding the panels to the garage produced more than 80% than that of the original plan. He stated that a maximum of 51 panels can be placed on the back of the house which only produces 10,000 kilowatt hours per year. The plan that includes the panels on the garage surface only has 31 panels on the rear roof, but produces 15,000 kilowatt hours per year. It is a substantial increase to use the garage surface for the solar panels, because the rear roof surface is not as productive as the garage surface because of the angle of the roof to the sun. The second requirement is that all alternative locations have been adequately evaluated and that those locations create an undue hardship. Dr. Vogelbaum stated that they have evaluated the plan that only uses the rear roof surface and that area is substantially less productive than what was indicated on the original plan; there is a substantial reduction in output, which they consider to be a substantial hardship. The third requirement is to minimize any adverse impact to the neighborhood. Dr. Vogelbaum stated that since the proposed front roof surface is actually side facing and because there are large trees, the panels will be shielded from most of the front when driving by; there is a small area where it can be viewed when driving by only in one direction. He stated that they have obtained letters from their neighbors who are in support of the panels, and specifically the neighbor who would have the most direct view of it. The panels also have an anti-reflective coating which will prevent any glare on the street, as will the angle at which they will be mounted on the roof. The fourth and final requirement is to use the minimum necessary to serve the needs of the buildings. Dr. Vogelbaum stated that their electric bill showed that they are below their annual usage and will not be going over their current usage with this proposed plan.

Mrs. Cooper asked if they considered only using one garage roof surface as opposed to two. Dr. Vogelbaum stated that they wanted to maximize the amount of generation that they can get. With the current technology, this is the best that they can do. He stated that they are still substantially below what their usage is and ideally they would like to be much closer to that. Mr. Bolek stated that he does not feel that wanting as much power as you can get is a hardship. He stated that he would consider a hardship to be if it was cost prohibitive to produce enough energy on the rear, which is preferred by the Village’s ordinance requirements. Dr. Vogelbaum stated that the panels cost the same no matter how much energy they produce, therefore, the less productive a panel is, the more it costs as a return on the investment, which can be a substantial amount. Mrs. Rosman-Vogelbaum stated that it would be cost prohibitive to put 51 panels on the back, since they are not producing nearly as much energy as the ones on the front. She stated that the alternative locations have not only been looked at, but are being used; however only using that location would create an undue hardship because the system would never pay for itself in a reasonable period of time. The only area that can be used to make it financially feasible and possible for them to do is on the front of their house. Mrs. Rosman-Vogelbaum stated that they have done their best to minimize any adverse effect on the neighborhood.

Mr. Bolek suggested somehow filling the gap of the panels, in order to make them look more uniform on surface areas 1 and 3 on the garage roof. Dr. Vogelbaum stated that they could look into having something put on there that will help the panels blend in.

Mr. Fritz stated that he walked the property and is quite confident that the front area was well shielded and in his opinion, does not impose an undue hardship on the next door neighbor. He stated that he also drove past their residence and observed that there is just a quick glimpse of the garage roof when heading toward Chagrin Blvd.

Chairman Fritz declared the public hearing closed at 6:15p.m.

Mrs. Cooper made a motion seconded by Mayor Renda to recommend the conditional use request for solar panels at 40 North Strawberry Lane to Council, with the condition that surfaces 1 and 3 be complete with filler panels to make a uniform installation.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED


Mayor Renda made a motion seconded by Mr. Stanard to adjourn the meeting at 6:28pm.

ROLL CALL:
AYES: Mr. Bolek, Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda, Mr. Stanard
NAYS: None
MOTION CARRIED

Respectfully Submitted,
Sherri Arrietta, Clerk of Council



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