Lakewood Board of Zoning Appeals Meeting - November 21, 2024

The Lakewood Board of Zoning Appeals convened on November 21, 2024, at 11:45 AM to hear two variance applications and discuss the treatment of unroofed patio decks under the zoning code. Both variance requests were approved unanimously after presentations and public comment.

Consent Calendar

• Roll call was taken with members Michael Alexander, Julian Bellino, Matt Markling, Jeffrey Piggott, and Anthony Santiago present. One member was excused by motion and second, with all in favor.
• Minutes from the October 17, 2024 meeting were approved by unanimous vote.
• The chair and staff delivered opening remarks outlining the variance criteria and procedural requirements.

Public Comments & Testimony

• No public comments were received on Docket 11-20-24 (17620 Riverside Drive).
• On Docket 11-21-24 (2042 Dowd Avenue), neighbor Danielle, who lives at 2038 Dowd Avenue, spoke in support of the fence, noting that she has witnessed trespassing and theft from the pawpaw orchard and that the new owner (Josh Myers) maintains the property responsibly.

Discussion Items

• Docket 11-20-24 – 17620 Riverside Drive (Garage Height Variance)

  • Applicant Daniel Margulis requested a 13-inch height variance for a second-story space (multi-purpose room/shop) tucked into the garage roof. He stated that the Architectural Review Board had already approved the design, but a variance was needed because the calculated midpoint height exceeded the 15-foot limit by 13 inches.
  • Staff provided a summary of five years of garage height variance history, showing one denial and several approvals with varying heights. The board discussed that the request was modest and consistent with the neighborhood character.
  • No public comment. The board voted unanimously to approve the variance.

• Docket 11-21-24 – 2042 Dowd Avenue (Fence Variance)

  • Applicant and owner Josh Myers proposed replacing existing fence sections with a 3-foot tall pine picket fence and an 8-foot gate along Thrush and Dowd Avenues, to deter theft from the property’s pawpaw orchard. The variance was needed because the proposed fence exceeded front-yard height and location allowances without full enclosure.
  • Board members questioned the open section along Dowd; Myers explained that trespassing only occurred from Thrush and that neighbors assist with surveillance. Staff noted the property was sold by the city for the orchard, and the existing fence had not drawn complaints.
  • The neighbor Danielle testified in support. The board voted unanimously to approve both fencing variances.

• Discussion: Unroofed Patio Decks (Docket 11-22-24)

  • At the request of board member Matt Markling, the board discussed the frequency of variance requests for unroofed patio decks. Staff reported that in the last five years, four commercial and ten residential unroofed patio deck variances were granted out of 176 total variances—all were approved.
  • Board members expressed mixed views: some felt the current requirement to come to the board for every elevated deck was overly restrictive and suggested considering code amendments to permit small decks by right (e.g., defining balconies under 300 square feet). Others noted the value of retaining board oversight to prevent egregious proposals and to allow neighbor input.
  • Staff indicated that the zoning code refresh project is already reviewing this issue. No formal action was taken; the discussion concluded with the understanding that the matter will be addressed as part of the broader code update.

Key Outcomes

• Vote on Docket 11-20-24: Motion to approve the garage height variance for 17620 Riverside Drive passed unanimously (4 ayes: Alexander, Markling, Piggott, Santiago).
• Vote on Docket 11-21-24: Motion to approve the fence variances for 2042 Dowd Avenue passed unanimously (4 ayes: same members).
• Unroofed Patio Decks: No vote; the board will await recommendations from the zoning code consultants and may consider future code changes to streamline approvals for smaller decks.