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Planners put down foot on barn variance
(by Sue Reid - June 23, 2010)
Planners put down foot on barn variance
By SUE REID
Solon's planning commission cannot continually deal with violations of city codes, commission chairman William M. Mazur said last week.
His comments followed an appeal by Raymond Benne, of Aurora Road (Route 43), who was requesting variances associated with a barn constructed without a building permit on his property.
Commission members unanimously denied the request for a 7.9-foot accessory structure side-yard setback variance. As a result, the barn must be moved closer to the line parallel with the house. Mr. Benne has the right to appeal that decision to City Council.
"I was not aware of the zoning," Mr. Benne told the commission. The barn was a pre-built structure, he said.
"I made an incorrect assumption and didn't apply for the permit," he said. He also told the commission that he has done a tremendous amount of work to the house since moving in at the beginning of this year and that to move the structure would be very expensive.
City Planning Director Robert S. Frankland said the company that Mr. Benne contracted with for the barn is not registered with the city.
Mr. Mazur instructed the clerk to write a letter to the company. "They violated our code by their action," he said.
"I hope you let us continue to enhance our property by keeping this barn," Mr. Benne said.
"It is my practice not to vote to approve any variance for those asking for forgiveness and not permission," commission member Roger C. Newberry said. "Ignorance is not an excuse," he said.
"Ignorance is never an excuse, but at least it's a reason in this case," Mr. Benne said.
Commission members also heard from Patricia Bolek, a neighbor who said she "strongly objected" to the variance request.
Mrs. Bolek said the barn was a "large intrusive" building within a few feet of her property line. She said Mr. Benne has a "huge back yard" where the barn could have been placed.
"This structure and its placement does not conform to zoning regulations," Mrs. Bolek said.
She said she and her husband purchased their home over 38 years ago for the openness in the area. "That has been taken from us because of the placement of this building," she said.
Mr. Benne said there are a number of trees which provide adequate screening of the neighboring property and the reason the barn is not farther back in the yard is because he is disabled and on Social Security.
Mayor Susan A. Drucker, a member of the commission, said she had no problem with the 32-square-foot-area variance Mr. Benne requested, but that it concerns her when the issue infringes upon a neighbor.
"It is important to respect rules when it infringes on someone's life," Mrs. Drucker said.
She also said she did not think Mr. Benne acted "maliciously."
Mr. Mazur told Mr. Benne the company he worked with possibly may mitigate some of his losses being that they worked in the city without being registered.
"We've had so many of these come before us where residents put things up, then ask for the building permit," Mr. Mazur said. Residents must follow the procedures that are in place, he said.
"In the long run, it will save them some money," Mr. Mazur said.
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