Lakewood Board of Zoning Appeals Meeting - August 21, 2025
Lakewood Board of Zoning Appeals Meeting - August 21, 2025
The Lakewood Board of Zoning Appeals met on August 21, 2025, with three members present (Michael Alexander, Jeffrey Piggott, Anthony Santiago). The board heard six variance requests, approving all unanimously after presentations, public comment, and administrative review. A late public comment was accepted after the first vote.
Consent Calendar
- Roll Call: Alexander, Piggott, Santiago present; Gillian Bellino and Matt Markling excused by motion and vote.
- Minutes Approval: Minutes from the July 17, 2025 meeting were approved by unanimous vote (3-0).
Old Business
Docket 06-10-25 – 17863 Lake Road – Fence Height Variance
- Applicant: Homeowner requested a variance for a 7-foot fence (with 1-foot decorative lattice on a 6-foot solid panel) installed along the east side. He explained the fence was accidentally built taller due to a misunderstanding of code; the permit was approved for 6 feet. The fence cost $8,000 and is already in place. Grade variations cause sections to measure between 7 feet and 6 feet.
- Public Comments:
- Peter Rose (1787 Lake Road) expressed frustration over inconsistent code enforcement in the city, citing personal experiences with a neighbor and no permits. He did not comment directly on this fence.
- Chara Caravan (1116 Forest Road) opposed the height, stating 6 feet is a standard national height and she finds 7 feet unaesthetic.
- James McGuinty (1510 Waterbury Road) supported leniency, noting the cost and the fence’s attractive appearance.
- Discussion: Board members acknowledged the mistake but noted the fence is already built, the cost of removal is high, and the decorative top is not fully opaque. One member expressed concern that the permit was for 6 feet but 7 feet was built.
- Administrative Comments: Staff noted the property is an irregular pie shape, and the adjacent lot has a house set far back, creating unusual conditions.
- Outcome: Motion to approve the variance carried 3-0.
New Business
Docket 08-13-25 – 12962 Harlan – Rear Yard Setback Variance for Garage Addition
- Applicant: Architect Mike McGetrick requested a variance to allow a two-car attached garage with a lift to accommodate a wheelchair-bound family member. The garage extends to within 8 feet of the rear property line (code requires 40 feet). The addition also includes a mudroom, first-floor bathroom, and elevator.
- Public Comments: None.
- Discussion: Board members noted the modest encroachment (0.5% lot coverage variance) and the importance of helping residents age in place and remain in their homes. The owner was willing to proceed with the vote despite the need for a unanimous 3-0 vote.
- Administrative Comments: Staff highlighted that the parcel depth is 140 feet; existing rear yard is 60 feet; the proposed setback of 52 feet would be the shortest on the block but is a reasonable access improvement.
- Outcome: Motion to approve carried 3-0.
Docket 08-14-25 – 14321 Detroit Avenue – Front Yard Fence Height and Location Variance
- Applicant: Mike Cloud, representing Horizon Education Centers, proposed converting the former Lakewood Baptist Church into a daycare center. A 6-foot non-opaque aluminum fence is needed 12 feet from the sidewalk (code requires structures within 0-5 feet of sidewalk) for children’s safety. The fence will surround a play area in the current parking lot. The project includes historic preservation tax credits.
- Public Comments: None.
- Discussion: Board members supported the adaptive reuse and child care need. Staff noted similar variances granted to other daycare centers (KidZenia, Brownstone, etc.). The fence is set back 12 feet, further than typical, to preserve the historic retaining wall and allow landscaping.
- Outcome: Motion to approve variance as proposed carried 3-0.
Docket 08-15-25 – 17510 Detroit Avenue – Flagpole Height Variance
- Applicant: James McGuinty, parishioner of St. James Church, requested a 35-foot flagpole (code limits to 20 feet). The church facade is massive; sister churches St. Luke’s and St. Clement’s have 30-foot poles; many public schools have 30-35 foot poles. The pole would be placed 32 feet from the sidewalk. The church has already obtained a Certificate of Appropriateness from the Architectural Board of Review due to the historic designation.
- Public Comments: None, but two letters of support were submitted.
- Discussion: Board members appreciated the thorough presentation and noted the height is proportionate to the building.
- Administrative Comments: Staff noted the church is twice the height of the proposed pole, and many community facilities exceed the standard height.
- Outcome: Motion to approve carried 3-0.
Docket 08-16-25 – 1010 Parkside Drive – Rear Yard Setback Variance
- Applicant: Nate Holland, architect, proposed a modest kitchen bump-out addition. The existing rear setback is 35 feet; proposed is 30 feet 7 inches (code requires 40 feet). The lot is shallow (98 feet) and wide (70 feet). Adjacent homes are similarly non-conforming.
- Public Comments: None.
- Discussion: Board noted the minor encroachment and that many neighboring homes have similar setbacks due to attached garages.
- Administrative Comments: Staff found that only one of eight comparable properties meets the 40-foot setback; three are closer than 20 feet.
- Outcome: Motion to approve variance as proposed carried 3-0.
Docket 08-17-25 – 15232 Hilliard Road – Fence Setback Variance
- Applicant: Homeowner Scott Isaacs requested to replace an existing 5-foot privacy fence (with decorative top) that sits approximately 20 inches from the sidewalk (code requires 5 feet minimum). The fence is on a corner lot; the rear yard is only 28 feet deep due to a large garage. The existing fence is deteriorated and was installed by a previous owner without permits.
- Public Comments: None.
- Discussion: Board acknowledged the difficulty of the lot shape and the small rear yard. The applicant does not want a taller fence; replacing in the same location is the only option for usable outdoor privacy.
- Administrative Comments: Staff noted a prior variance granted for a front fence on the same property. The irregular lot depth (107 feet west, 90 feet east) and shallow rear yard make compliance difficult.
- Outcome: Motion to approve variance as proposed carried 3-0.
Late Public Comment
- After all dockets were heard, a resident who is the adjacent property owner to 17863 Lake Road addressed the board regarding the fence approved earlier. He stated that the fence was built on added fill and retains 20 inches of soil, causing drainage onto his property. The board listened and noted his comments but explained the variance had already been granted and could not be reversed. He was advised to pursue the matter as a civil issue or through the city’s building department.
Adjournment
- A motion to adjourn was made, seconded, and passed unanimously.
Meeting Transcript
City of Lakewood Board of Zoning Appeals. First item on the docket is the roll call. Ms. Nocta, if you could please. Michael Alexander. Here. Gillian Bellino. Matt Markling. Jeffrey Piggott. Here. Anthony Santiago. Here. Do we need to excuse the absences of the time? Motion and a second. I'll make a motion to excuse the absences of Ms. Gillian Bellino and Mr. Matt Markling. I'll second. All in favor? Aye. Aye. Next on the docket is the approval of the minutes from the July 17th, 2025 meeting. I was not at that meeting. I'll motion for uh to approve the meetings of the June 2025 meeting. Meeting minutes. July 17th. July 7. I'm sorry. July 17th meeting minutes. Second. All in favor? Aye. Aye. Same. Number three on the docket is am I allowed to do that? So does it still pass with us? It's not a granting of variance, so it's really just an opportunity for people to object if they think that the minutes are wrong. And he's not objecting. So thank you. Item number three is the opening remarks, Mrs. Nocta, if you could 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 addenda, 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 permits shall be issued unless submitted plans conformed to those approved by the board. If modifications are made to the approved plans, a successive variance requests 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.
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