The subject of this hearing is a variance request of five (5) feet from the
required side yard accessory structure setback of fifteen (15) feet,
resulting in a side yard setback of ten (10) feet pursuant to section
1205.06(d)(5)(D)(4), “Property Development/Design Standards
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Setbacks” of the City of Hudson Land Development Code in order to
build a detached garage.
The applicant is Patrick Macoska, 1731 West 32nd Street, Cleveland, Ohio
44113. The property owner is Brian Swain, 56 Lake Forest Dr, Hudson, Ohio
44236 for the property at 56 Lake Forest Dr. in District 3 [Outer Village
Residential Neighborhood] within the City of Hudson.
Attachments:
Ms. Coffman introduced the application by describing and displaying the property and house, reviewing the
variance request, staff comments, considerations, and applicable Land Development Codes.
Mr. Patrick Macoska, architect, and Mr. Brian Swain, homeowner, described how the current plan developed, the
desire to maintain the current view of the lake, and detailed seven other properties on the street which were
granted variances for side setbacks - which Mr. Macoska believes creates precedence for this requested variance.
Mr. Sugar stated he was unaware if the seven other properties were granted variances, however, if before 1999 ,
they would not have needed variances.
Mr. Swain described the various alternative plans that could not be done because of setbacks, grade changes,
issues with the neighbor’s property, water issues on the property, and the need for the additional garage space .
The Board, applicant and staff discussed: If five additional garage spaces are actually needed, the applicants
desire to have all vehicles in the garage, that a neighbors view will be partially blocked if the variance is given,
that a smaller two car garage may or may not require a variance, that children may use the garages as a play area,
that the peak of the garage will be twenty-feet high, the possibility of decreasing the height, that the character of
the neighborhood may be significantly altered if the variance is granted, that other solutions to the applicants
problem may not require a variance, that many of the trees are already dead and at least one large willow will be
impacted if the variance is granted, and that the homeowner believes the character of the neighborhood will be
enriched if the variance is granted for the structure,
Chair Keller opened the meeting for Public Comment.
Mr. Hassan Peyravi, 48 Lake Forest Drive, described the expansion of the subject house over time, that he
believes the standards should be applied to this request, and that his view of the lake -which will be diminished if
the variance is granted and the view of the lake is one of the reasons he purchased this property.
Mr. Eric Larson, 62 Lake Forest Drive, noted he will not be impacted by the proposed project.
Seeing no one else coming forward to speak, Chair Keller closed Public Comment.
The Board discussed: That the variance request is in keeping with the neighborhood, that even with precedent for
the requested setback - other solutions for the garage should be explored, that the Duncan Factors have not been
met, that the variance request itself is creating the difficulty of granting this variance, and that the character of
this neighborhood is the lake front view which will be diminished if the variance is granted.
The applicants noted they can build the garage without the granting of the variance by repositioning the garage .
The Board and City Solicitor discussed the members who will be at the next Board meeting, that the vote at the
next meeting may change, and that the applicant may contact Mr. Sugar to withdraw the variance request after
