Lakewood Board of Zoning Appeals Meeting - August 15, 2024

The Board of Zoning Appeals (BZA) met on August 15, 2024, at 11:45 AM to hear two variance requests: a front setback variance for 115 Wilbert Road and a height variance for a second-story deck at 12201 Detroit Avenue. Both requests were approved. The board also addressed a neighbor's complaint about a driveway encroachment and agreed to schedule a future discussion on the frequency of similar deck variances and potential code amendments.

Consent Calendar

• None.

Public Comments & Testimony

• Michael McKay (neighbor at 13428 Lake Avenue): Commented on a driveway encroachment by the applicant at 115 Wilbert Road. He stated that the driveway was installed without a permit approximately one month ago and extends about one foot over his property line. He requested that the BZA condition the variance approval on correcting the encroachment. The board acknowledged the comment but noted that the driveway issue was not within their jurisdiction for this hearing.

Discussion Items

• Docket 08-15-24 – 115 Wilbert Road (Applicant: Jason Amato, Old World Custom Renovations, on behalf of property owners): Request for a front setback variance of approximately 3 feet (less than 10% of the required 50-foot setback) to allow a 12-foot forward house expansion. The applicant stated the expansion is needed to accommodate the family’s growing needs as all four adult children have returned to Lakewood. The property currently meets the setback; the proposed addition would bring the setback to approximately 59 feet, comparable to adjacent properties. The board received administrative comments from Ms. Nocta noting the modest request and similar neighboring setbacks. No written public comment was received. The board approved the variance unanimously (4-0, with one member absent and excused).
• Docket 08-16-24 – 12201 Detroit Avenue (Applicants: Nicholas Haggett, owner, and Bill Holton, Master Deck Builder Cleveland): Request for a variance to construct a second-story deck (61 feet by 10 feet) at a height exceeding the code's 42-inch limit above grade. The deck would be similar to existing decks across the street in the same planned development. Ms. Nocta’s administrative comments noted that the board has previously granted similar variances with no reported negative consequences. No public comment was received for or against. The board discussed the frequency of such deck variance requests and the need for possible code updates. Member Matt Marklin expressed concern that repeated approvals may effectively create legislation rather than granting minor variances. The board agreed to place a discussion item on the September agenda to review the ordinance and consider revisions. The variance was approved unanimously (4-0).
• Safety Procedures: Member Matt Marklin raised a concern about ensuring board members and attendees can leave meetings safely, citing past incidents of neighbor disputes. The board discussed having security guard contact information and the ability to pause meetings if needed.

Key Outcomes

• Docket 08-15-24 (115 Wilbert Road): Approved unanimously (4-0) for the front setback variance as proposed.
• Docket 08-16-24 (12201 Detroit Avenue): Approved unanimously (4-0) for the second-story deck height variance as proposed.
• Future Agenda: The board will schedule a discussion item for the September 2024 meeting (with legal counsel present) to review the frequency of similar deck variances and consider potential amendments to the zoning code, including definitions and criteria for elevated patio decks.
• Driveway Encroachment: The board noted the neighbor’s complaint but did not take action, stating the issue is outside the scope of the variance hearing and should be addressed by the building department.
• Safety Protocols: The board agreed to improve communication with security and consider pausing meetings if disruptive behavior occurs.