Richfield Township
Board of Zoning Appeals
Resolution 559-08
Printable Version
WHEREAS, Paul Kaczmarski, of K2A Architects, Inc., representing owners Thomas & Cynthia Sustersic of property located 3795 Deer Run Oval, Richfield Township, Ohio has made an appeal for a setback variance to allow an existing deck to be located within a side yard setback area. The subject property is located in an R-1 district;
WHEREAS, a Special Notice of a public hearing was published in a newspaper of general circulation in the County of Summit on May 8, 2008, and a public hearing was held May 19, 2008;
WHEREAS, the Board noted that one neighbor was present at the hearing to express an opinion in support of the variance and no other opinions, either in support or against the request have been received;
WHEREAS, the Richfield Township Board of Zoning Appeals, hereafter referred to as the “Board” finds the application to be for a setback variance for an existing deck built concurrently with the residence on the subject property. The Board also finds that only a small portion of the deck is in violation of the Richfield Township Zoning Regulations. The portion of the deck that is in need of the variance extends 7’7” from the property line, where a 20’ setback is required under RTZR 402-4-C;
WHEREAS, the Board finds that the applicant must demonstrate “practical difficulty” in complying with the zoning regulations in order for the Board to determine that a variance is appropriate;
WHEREAS, the Board has marked the following exhibits:
Exhibit 559(A) – one page from the Summit County GIS Map depicting the subject property and adjoining premises.
Exhibit 559 (B) – a plan marked “A1” prepared by K2A Architects dated 5/5/08.
Exhibit 559 (C) - nine photographs of the subject property.
WHEREAS, the Board finds that the deck in question was constructed concurrently with the residence on the property. The Board also finds that the owners of the property were not aware of the deck setback violation as the home was constructed by a builder who did not inform the owners of the deck non-compliance. The Board further finds that only a portion of the deck is in need of the variance. The Board further finds that it would be impractical for the owners to remove the non-conforming portion of the deck so as to bring it within compliance with the zoning regulations;
WHEREAS, the board finds that the spirit and intent behind the zoning requirement will be observed and substantial justice be done by granting the variance;
NOW, THEREFORE, BE IT RESOVLED, that the application of Paul Kaczmarski, of K2A Architects, Inc. on behalf of property owners Thomas & Cynthia Sustersic of 3795 Deer Run Oval, Richfield Township, Ohio for a variance from RTZR 402-4-C be GRANTED per BZA 559-08 subject to the following conditions:
Effective Date: May 26, 2008
Entered on Record: May 19, 2008