Lakewood Board of Zoning Appeals Meeting – March 21, 2024
Lakewood Board of Zoning Appeals Meeting – March 21, 2024
The Lakewood Board of Zoning Appeals met on March 21, 2024, at 11:45 AM to consider a variance request for a proposed townhome development at 12534 Lake Avenue. The meeting included approval of previous minutes, applicant presentation, public comment, and a board vote to defer the item to a future meeting.
Consent Calendar
- Approved the minutes from the February 15, 2024 meeting unanimously (5-0).
Public Comments & Testimony
- Mike Pasco (owner of 12543 Lake Avenue, directly across the street) objected to the variance request. He argued:
- The proposal requires massive variances (up to 1,000% lot coverage and infinite setback variances).
- The applicant bought the property in December 2021 knowing zoning restrictions.
- The existing house could be renovated and sold profitably; no evidence of economic hardship was presented.
- He cited Ohio case law (Console Management v. Cleveland, Mezzanine v. Munson Township) to argue the applicant failed to meet the hardship standard for a use variance.
- He stated he would challenge a granted variance in court (R.C. 2506 appeal).
- Mr. Pasco also questioned whether alternative uses or less intensive redevelopment were considered and alleged a bribe attempt (the applicant denied this). The board clarified that cross-examination was not permitted in this quasi-administrative hearing.
Discussion Items
- Applicant Presentation (Tyler Brummet, owner):
- Proposed 16 townhome units on a ~0.7-acre multifamily high-density site.
- The design aims to blend three surrounding contexts: modern lakefront high-rises, mid-rise apartment buildings (east), and single-family homes (south/west).
- Plans include integral two-car garages, visitor parking, pedestrian-friendly sidewalks, and preservation of a historic wall.
- The applicant stated the zoning code is contradictory—desired multifamily character but with suburban setback requirements—making the site impractical to develop without variances.
- Approximately 8 area variances per parcel (e.g., lot size, frontage, setbacks, lot coverage) are needed; these are area variances evaluated under the "practical difficulty" test, not use variances.
- Administrative Comments (Mr. Alexander, Building Department):
- The variances stem from the decision to sell units as separate parcels (16 lots) rather than rental buildings (which would require fewer variances).
- The spirit and intent of the code support diverse housing types; the plans were already approved by the Architectural Board of Review (ABR) and demolition of the existing home was approved.
- The lot split will go to Planning Commission after variance approval.
- The building and fire departments have reviewed turning radii and addressing.
- Board Questions:
- Mr. Markley asked about the magnitude of variances; the administration said the detailed drawing is the reference, and enumerating each variance to the inch was not efficient.
- Mr. Santiago asked whether the existing single-family home could still be used residentially. The administration noted the structure is non-conforming but could potentially be renovated (with a permit), though the property has been vacant and abandoned, which may trigger extinguishment of non-conformity. The city has no formal opinion on that hypothetical.
- The applicant argued renovating the house is impractical (no driveway, millions in cost, not sellable).
- Mr. Fleck (city attorney) clarified: The standard for area variances is the "practical difficulty" test (nine factors), not the hardship test for use variances. The board weighs these factors, not each individually. A charter update is pending to clarify this.
Key Outcomes
- Motion to Defer: Made by Mr. Markley, seconded by Ms. Bellino. The board voted 4-1 (Mr. Pigot dissenting) to defer the variance request to a future meeting. The chair cited the need for the applicant to review new materials submitted by the objector and for the administration to provide a formal zoning opinion on whether the existing structure could be reoccupied as a single-family home.
- Adjournment: The meeting was adjourned after the deferral vote (all present).
Meeting Transcript
Good evening and welcome to the what do you say? March goodness. March 21st, 2024, City of Lakewood Board of Zoning Appeals meeting. Michael Alexander. Here. Gillian Bellino. Here. Matt Markley. Jeffrey Pigat. Here. Anthony Santiago. Here. Thank you. Number two on to this evening's socket is the approval of the minutes from the February 15th, 2024 meeting. If everyone has had a chance to review those, if there's any comments or questions. Hearing none. If someone would like to make a motion to approve those. Oh goodness, you were not here. You were here. Yeah, everyone's here. I'll make a motion to approve the minutes from February. I'll second. Michael Alexander. I Gillian Bellino. Yes. Matt Markley? Yes. Jeffrey Pigat. Anthony Santiago. Yes. Thank you. Item number three on the docket is opening remarks, Mrs. Nocta, please. Welcome to the Board of Zoning Appeals. For a variance to be granted, the board must get sufficient information from your presentation to determine if your property meets the practical difficulty test. All documents included with an application to the board and any addendas, statements, maps, diagrams, sketches, letters, photographs, or other materials proffered to the board by any person shall be considered by the board prior to rendering its decision on the application. No permit shall be issued unless submitted plans conformed to those approved by the board. If modifications are made to the approved plans, a successive variance request must be filed and approved to account for the modification. For the record, please sign the form on the podium and state your name and address. This serves as an oath or affirmation that you will tell the truth before the board. Thank you, Ms. Nocta. Old Business Number 4 on the docket this evening is document number 10-16-23. 12534 Lake Avenue, Shady Cove, townhomes. If the applicant is present, if you could please come to the podium, sign your name and state your relationship to the property. Tyler Brummet, owner, property addresses 716 University Court, Cleveland, Ohio, 44113. Thank you. Yeah, once you're done signing in, please um proceed. Okay. So what you see up on the screen is the design concept for the townhouses as they face uh Lake Avenue.
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