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West Orange Street plan clears more hurdles
(by Barbara Christian - December 23, 2009)
West Orange Street plan clears more hurdles
By BARBARA CHRISTIAN
A developer was granted variances for one of six residential structures planned for property on West Orange Street that formerly was owned by the Village of Chagrin Falls.
The latest variances for Robert Vitt, of Sagamore Hills, were for the sixth lot at the corner of West Orange and Williams streets. They forgive yard and buffer regulations, height restrictions and lot coverage.
A variance for hillside regulations was dropped when a village test found the lot had a 9 percent slop, which is under the 12 percent point when the hillside rules kick in.
The development of five duplexes and one single-family home received other variances this fall as Mr. Vitt moved toward purchasing the property.
Final approval for the variances is to be decided at the Jan. 11 Village Council meeting.
Velrie Bertsch, the proposed development's immediate neighbor, owns the only home on Williams Street and has lived there for 20 years. She told the board the duplex would be built in what is her side yard.
According to appeals board chairman John O'Brien, the duplex will be 14 feet from her side-yard property line, and that is greater than most Chagrin Falls side yards.
Mrs. Bertsch said she's not convinced about the motivation for granting the variances. "It's all about the money," she said. "Zoning laws are supposed to protect people. So why do we have them if they can be changed for anyone with a fistful of dollars?"
During debate over the sale of the property to Mr. Vitt, Councilman Robert Williams said the vacant West Orange Street property costs the village in terms of upkeep, and its condition is not producing revenue for either the village or the school system. That was pointed out again during the appeals board meeting last week.
Village Law Director Stephen Byron said the West Orange Street property is a collection of odd lots, which makes development difficult. "Variances are a safety valve for the developer," he said. "It's up to government to balance everyone's property interests."
"Except my property interests are not being taken into account," Mrs. Bertsch said. "It's a done deal, and it doesn't matter what I think or say."
"I am sorry you are unhappy," Mr. O'Brien said. "But maybe you will be less unhappy if you had a larger building." He referred to an office building which was in earlier plans.
Appeals board member Thomas Boehringer said granting the variances also is about the developer's property rights.
Last week, council signed the contract to sell Mr. Vitt the property. The village bought the West Orange Street lots separately over a period of several years. Mr. Vitt is to pay $467,000 for what the village paid $812,500. The recession and property devaluation was cited by village officials for the drop in price.
Mr. Vitt became involved after local developer Larry Shibley could not obtain a construction loan to make good on his contract with the village.
Mr. Vitt said that will not be the case for his company, which intends to self fund the West Orange Street project.
In addition to the variance and approval of the contract to purchase the property, Mr. Vitt was granted a zoning adjustment when the planning and zoning commission and council approved overlay zoning for the Williams Street corner lot.
It now is occupied by an office building that the village uses for storage. The new overlay permits residential and mixed-use development. The previous developer planned to raze the building and continue the office zoning with a new office building.
Mr. Vitt changed that plan to all residential. No selling prices have been set for any of the homes or duplexes.
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