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Bratenahl zoning board approves three variances to allow residential emergency generators

Village of Bratenahl Board of Zoning Appeals · April 30, 2025
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Summary

At its April 30 meeting, the Village of Bratenahl Board of Zoning Appeals approved three variances permitting homeowners to install emergency generators outside the code-required rear yard, with conditions requiring screening plans and Building Commissioner review.

The Village of Bratenahl Board of Zoning Appeals on April 30 granted three variances allowing homeowners to install emergency generators outside the zoning code’s rear-yard requirement, with the board placing conditions on screening and requiring Building Commissioner approval before installation.

Mayor Keith Benjamin, chair of the board, recused from the first item because his home is within 300 feet of the property. Fred Kreiner presided during that matter. All three variance requests were approved by roll call votes.

Akram Varghai sought permission to place a generator in the front yard at 10007 Lakeshore Boulevard, saying the property’s backyard is unstable and subject to erosion and that contractors recommended the front yard. “Just we want to put a generator in the front yard,” Varghai said, adding that “the front yard is about 80 plus feet from the street” and that newly planted evergreens would screen the unit. Neighbor Courtney Stanich, who was also an applicant elsewhere on the agenda, said she had no objection: “I could care less if that’s there.” The board approved the variance after a motion by David Kozinski and a second by Karen Brace; roll call votes were recorded as Brace, Molchan, Kozinski and Kreiner voting yes and Mayor Benjamin recused and absent for that vote. The board required that screening details be submitted to and approved by the Building Commissioner prior to installation.

At 10125 Lakeshore Boulevard, Courtney Stanich told the board the side-yard location near existing air-conditioning equipment and utility meters was necessary because the rear of her home has French doors and side windows that would be affected by exhaust and noise. The Village Planner’s memo, prepared by Kris Hopkins, said the proposed siting would be approximately 18 feet from the easterly side lot line, contrary to Section 1155.06(a) (which limits generators to rear yards with a 20-foot setback) and recommended screening under Section 1155.06(e)(3). The planner noted the proposed model’s weekly five-minute exercise noise level of about 58 dBA and concluded the variance would be in harmony with the zoning code. The board voted to grant the variance on a motion by Jeff Molchan, seconded by Fred Kreiner; the vote was unanimous.

The board’s final approval was for 30 Hamlet Court, where homeowners Joseph Pedro and Jeffrey Ritter requested a variance to site a generator in an exclusive-use courtyard behind an attached garage. Planner notes said the condominium layout left no permitted location under current rules and that the proposed position—about 60 feet from the neighboring garage wall—was the best practicable location. The planner reported a normal-operation sound level of about 67 dBA for the proposed unit. Pedro told the board the homeowners association had approved the installation and that no neighbor responses were received to the notice. The board approved the variance on a motion by Fred Kreiner, seconded by David Kozinski; roll call was unanimous.

Across the three cases the board consistently required that applicants submit detailed screening plans for review and approval by the Building Commissioner and proceed with required permits. The minutes show no recorded opposition at the meeting other than procedural questions from commissioners about screening plans and transfer-switch placement.

The board adjourned at about 5:50 p.m.