Lakewood Board of Zoning Appeals Meeting – May 16, 2024

The Lakewood Board of Zoning Appeals met on May 16, 2024, to consider two variance requests: a proposal for a single-family home at 1114 Forest Road requiring front and side yard setback variances, and a roof deck addition at 14414 Detroit Avenue. The board heard public testimony, deliberated, and voted on each item.

Consent Calendar

• The board unanimously approved the minutes of the previous meeting.

Public Comments & Testimony

• Tara Caravan Cuttle (1116 Forest Road) opposed the Forest Road variances, arguing the lot was a leftover strip from a highway widening and that the proposed home would sit too close to her property. She also expressed concern about deer habitat and suggested the city purchase the land for green space.
• Tom Fraser (1124 Forest Road) stated that the three proposed variances (front yard, side yard setbacks) were substantial and would alter the essential character of the low‑density R1L neighborhood. He noted that the property had changed hands and was marketed as not buildable, and that the burden should be on the buyer to have sought variances before purchase.
• James Roomer (1126 Forest Road) cited the Ohio Supreme Court case Duncan v. Middlefield and pointed out that the lot area (8,172 sq ft) and frontage (58 ft) are well below the R1L minimums (14,000 sq ft and 70 ft), even though those requirements may be obviated by the non‑conforming lot code. He argued the buyer had ample opportunity to test viability before purchase.
• Another resident (across the street) raised concerns about the 35‑foot wall height, landscaping, and the precedent that granting the variances would set. He questioned the accuracy of the property line relative to Clifton Boulevard’s right‑of‑way and the impact of future sidewalk installation.

Discussion Items

• 1114 Forest Road – Variance Request (Docket 050924)
  Applicant David Minet, architect for owner Jason Leon, presented a single‑family house design for a triangular 8,172‑sq‑ft parcel. The parcel has two front yards (Clifton Boulevard and Forest Road), each requiring a 50‑ft setback, and side yard minimums of 10 ft on one side and 25 ft combined. The proposed house steps back in massing to fit the lot, with a 10‑ft setback on the south side and a reduced front setback aligned with the building line of neighboring houses.
  Board members questioned the owner’s knowledge of restrictions; owner Jason Leon stated he purchased the lot in September 2023 after a survey and conversations with city staff about its buildability.
  Administrative staff noted that lot area and frontage are obviated by the non‑conforming lot code (Chapter 1149.05), and presented evidence of other similarly shaped lots in the R1L district with existing homes.
  Board discussion: Chair Anthony Santiago expressed initial inclination to approve the variances, noting the unique parcel and the owner’s attempt to conform. Board member Jillian Bellino disagreed, stating the low‑density zoning makes the lot unsuitable for any substantial structure. After public comment, a motion to approve the three variances was made and seconded. The vote resulted in 2 in favor (Piggett and Markling) and 3 against (Alexander, Bellino, Santiago), so the motion failed.

• 14414 Detroit Avenue – Roof Deck Variance (Docket 051024)
  The same applicant, David Minet, presented a roof deck addition for an existing building. The project had been approved by the Architectural Board of Review contingent on zoning variance approval. The board discussed the proposal, and administrative staff cited similar approved projects with no negative consequences.

Key Outcomes

• 1114 Forest Road variances: Motion to approve failed by a vote of 2–3. The applicant is prohibited from reapplying for the same variances for six months. The board suggested the applicant may revise the design to reduce the variance requests.
• 14414 Detroit Avenue roof deck variances: Motion to approve passed unanimously (4–0). The variances were granted, allowing the project to proceed.