BZA clears path for re-occupying nonconforming guest house at 12521 Lakeshore under new registry

Bratenahl — The Board of Zoning Appeals on March 6 voted to advance the Weller family’s request to re-occupy a nonconforming guest house at 12521 Lakeshore Boulevard, after Village planning staff said Council recently adopted a temporary one-year registration period to help owners document prior rental use.

Planner Kris Hopkins reminded the Board that Bratenahl’s zoning treats accessory dwelling units as potentially losing nonconforming status if unused for more than two years. Hopkins said Council’s January legislation created a one-year “forgiveness” or registration window from the adoption date so owners can provide as much historic documentation as possible to the Building Department.

The Weller applicant, Lucy Weller, told the Board the cottage “has been rented out since the second World War,” and said she would try to provide historic records. Law solicitor David J. Matty said staff wants notice sent to residents about the registry and that if the BZA approves the variance to re-occupy the guest house the project will next go to Council for final approval.

The Board voted unanimously to move forward and recommended the matter go to Council. If Council approves, the owner must register the accessory dwelling with the Building Department under the new registry and supply whatever documentation is available to support prior rental use.

Why it matters: The registry was created to address long-standing, sometimes undocumented rental practices in older housing stock. The Board’s vote preserves the option for the Weller owners to renovate and re-occupy the guest house while complying with the new registration requirement.

What’s next: The owner will submit documentation to the Building Department and the Council will take final action on the variance request.