Planning Commission Meeting Minutes - November 24, 2014

The Special Planning Commission Meeting was called to order by Chairman Fritz at 5:30pm.

PRESENT AT ROLL CALL: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
ABSENT: Mr. Bolek, Mr. Stanard

Mr. Fritz made a motion seconded by Mrs. Cooper to go into Executive Session to discuss legal issues and imminent court action with legal counsel at 5:31pm.

ROLL CALL:
Ayes: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
Nays: None
Motion Carried

Mayor Renda made a motion seconded by Ms. Corcoran to come out of Executive Session at 5:45pm.

ROLL CALL:
Ayes: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
Nays: None
Motion Carried

The Regular Planning Commission Meeting was called to order by Chairman Fritz at 6:00pm.

PRESENT AT ROLL CALL: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
ABSENT: Mr. Bolek, Mr. Stanard

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

Ms. Corcoran made a motion seconded by Mayor Renda to approve the minutes from the September 22, 2014 meeting.

ROLL CALL:
Ayes: Ms. Corcoran, Mr. Fritz, Mayor Renda
Abstentions: Mrs. Cooper
Nays: None
Motion Carried

Mr. Fritz stated that since there is not a quorum to approve the minutes from the October 27, 2014 meeting, he is going to defer approval until the next meeting.

Hodgson Residence
Berkeley Lane – Development
Gravel Driveway

Mr. Alan Brown, contractor, and John & Dinah Hodgson, property owners, were present at the meeting. Mr. Hodgson stated that he is no longer requesting to have a gravel driveway and instead will pave it as per the Village Code as stated in Mr. Filarski’s letter. Mrs. Lane stated that this would not require a vote since it falls under the original approval. She stated that the original approval was contingent upon Mr. Filarski’s final site plan approval; he is still waiting to receive said plans.

Hodgson Residence
37940 Berkeley Lane
Entranceway/Portico

John & Dinah Hodgson, homeowners, were present at the meeting. Mr. Hodgson stated that he is proposing to build a 5 x 6 foot cover over the entry door to the house that he renovated this summer. Mr. Fritz stated that there were no notes from the Village Architect.

Mayor Renda made a motion seconded by Ms. Corcoran to approve portico located at 37940 Berkeley Lane.

ROLL CALL:
Ayes: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
Nays: None
Motion Carried

Conomy Residence
400 (formerly 320) Chagrin Blvd.
New Dwelling

Mr. Fritz informed the members that this applicant has withdrawn their project from tonight’s agenda.

Walinsky Residence
165 Aspenwood Drive
Addition

Ms. Ann Dunning, architect, and Mr. Mark Walinsky, homeowner, were present at the meeting. Ms. Dunning stated that they are proposing to modify the existing sunroom by raising it up on a slab to eliminate the need for the step down, and they will be adding a master bedroom on top of the sunroom. She stated that they are also going to modify the back entrance. Ms. Dunning stated that eventually they will re-side the house and put in new windows. She stated that this project will have three phases; the first will be exterior which will include the sunroom/mudroom addition, the second phase will be an interior bathroom renovation on the second floor and the third phase would include the master bedroom over the garage with the addition of dormers, however only the first and second phase will be started right away. Mr. Fritz asked if tonight’s approval will be for all three phases. Mr. Strichko stated that approval will be for all three phases. He stated that he had a few notes on the plans regarding the Energy Code information. The Village Architect approved the plans with notes.

Mrs. Cooper made a motion seconded by Mayor Renda to approve the addition located at 165 Aspenwood Drive, contingent upon adherence to the Village Architect’s notes and the Building Inspector’s notes.

ROLL CALL:
Ayes: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
Nays: None
Motion Carried

Daunch Residence
PP#912-29-012 East View Lane (off Giles Road)
Preliminary Discussion – New Dwelling

Mr. Anthony Kucia, with Blossom Homes, and Mr. Tim Daunch and Ms. Michelle Berggrun, property owners, were present at the meeting. Mr. Fritz stated that the preliminary plans submitted were approved with notes by a representative for the Village Architect, in his absence. He stated that the applicants can use these plans to help formulate their final submittal for approval. Mr. Kucia stated that the proposed house will be just over 2800 square feet. He stated that their engineer has had a discussion with Mr. Filarski and all setbacks are met with the variances that were previously granted. They are currently awaiting final approval from the Cuyahoga County Board of Health. Mr. Kucia stated that the house design was adjusted two times in order to meet the setback requirements. He stated that there is a ravine that starts at the driveway before it nears the build site, therefore they will be doing proper culverting and erosion control in that area before building begins. The utilities will be located next to the driveway. Mr. Kucia stated that they are following the Codes as it relates to tree clearing as well. Mr. Daunch stated that he has only marked the trees that are being removed in the footprint area of the home but there are three large trees that are old and deteriorating that will also need to be removed from the area where the driveway will be. Mrs. Cooper asked how the lot will be accessed. Mr. Daunch stated that they have a 65 foot wide easement to access the flag lot which will lead to the two back lots that were purchased as one lot. Mr. Filarski informed the applicants that they will be required to come back for a Conditional Use Certificate as it relates to the Riparian Setback requirement since the driveway will be crossing over the stream. He further informed them that they cannot have a gravel driveway; it is required to be paved. Mayor Renda pointed out that there are 3 roof pitches for the house shown on the plan; Village Code only allows 2 roof pitches, not including dormers. Mr. Daunch asked if the fact that the house will be located 1200 feet off the road could be taken into consideration as it relates to the roof pitches. Mr. Fritz informed them that they would be required request a variance which entails filling out the paperwork with a list of factors for the Board to consider. Mr. Daunch asked about the intent behind this Code requirement. Mayor Renda stated that it was revisited a few years ago when the Code was re-written but it was decided to keep this requirement so that houses do not become too “busy” with too many different pitches. Mayor Renda requested that the applicants submit a site plan with their final submittal because it is helpful to have that included in the plans. The Board informed the applicants that there will not be a meeting in December; therefore they will have to wait until January to submit their final plans for approval.

Haas Residence
10 Manderly Lane
Request for Amendment of Prior Decision of November 25, 2013

Mr. Dennis Nevar, attorney with Kenneth J. Fisher Co., L.P.A., was present at the meeting. Mrs. Lane stated that the Planning Commission went into Executive Session at last month’s meeting to discuss legal issues regarding this property, specifically the prior decision of this Commission from November 25, 2013. She stated that after consulting with Mr. Fisher and Mr. Nevar, attorneys for the Haas’, the consensus was that they were requesting an amendment to the prior decision of the Planning Commission, specifically regarding the requirement that an Affidavit on Fact be recorded in the county records. Mrs. Lane stated that the affidavit was put into place to put prospective purchasers on notice that extensive work had been done on the property prior to plan approval or permits being pulled. She stated that in conjunction with Mr. Nevar, they were able to finalize language for a release, which was a requirement of the decision. The work has been completed and Mr. Strichko has performed a final inspection. Mrs. Lane stated that Mr. Nevar has with him the original signed release, and is asking if the Planning Commission would be amenable to amending their decision to no longer require the affidavit.

Mrs. Cooper made a motion seconded by Mayor Renda to amend the Planning Commission’s prior decision of November 25, 2013 approving the plans for the construction of the side and rear decks and the sun room addition located at 10 Manderly Lane, as follows:

The Planning Commission acknowledges that the work as shown on the approved plans has been completed and has passed final inspection.
The Planning Commission acknowledges that the property owners have executed a Release as required by the Planning Commission’s prior decision.
The Planning Commission will not require the property owners to record an Affidavit on Fact Relating to Title with the County Fiscal Officer.
The Building Commissioner shall issue a Certificate of Occupancy to the property owners as drafted.
In addition to the Certificate of Occupancy, the Building Commissioner shall cause the Village’s records to document the fact that the property owners performed extensive work at the property without prior plan approval or permits, or Village registered contractors, and, as a result, the Village was unable to fully inspect the work to determine whether it is code compliant, so that to the maximum extent possible, anyone who request public records regarding this property, specifically future purchasers, will be advised of these circumstances.

ROLL CALL:
Ayes: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
Nays: None
Motion Carried

Heritage Development
SOM & Chagrin Blvd. (34555 Chagrin)
Sign

Mr. Robert Benjamin, Vice President of Heritage Development was present at the meeting. He stated that the Heritage Office Building was mainly a single tenant office building for many years (Developers Diversified) but now it has become a multi-tenant building. Mr. Benjamin stated that he is close to having the entire building fully leased and would like to have a sign with the different tenant’s names on it so that their visitors can find the building easily. He stated that the brick portion of the sign is original brick from the building that was left over and the colors match that of the building. The size of the sign meets the Code requirements and it is not going to be placed in the right-of-way. Mrs. Cooper asked about an existing sign at the building. Mr. Benjamin stated that there is a brick sign that reads “Heritage Office” on the corner. Mr. Strichko stated that since it is considered a directional sign, having two signs would be allowed.

Mrs. Cooper made a motion seconded by Ms. Corcoran to approve the sign for Heritage Developers located at the corner of SOM & Chagrin Blvd. (34555 Chagrin Blvd.).

ROLL CALL:
Ayes: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
Nays: None
Motion Carried

Mayor Renda made a motion seconded by Ms. Corcoran to adjourn the meeting at 6:50pm.

ROLL CALL:
Ayes: Mrs. Cooper, Ms. Corcoran, Mr. Fritz, Mayor Renda
Nays: None
Motion Carried

Respectfully Submitted,
Sherri Arrietta, Clerk of Council