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Chagrin Falls zoning board approves 20-foot setback variance for steep North Street parcel
Summary
The Board of Zoning Appeals granted a variance allowing a new house to be built 30 feet from the North Street right-of-way instead of the 50-foot requirement, citing steep slope and engineering constraints; approval was conditioned on geotechnical, stormwater and hillside-protection measures.
The Chagrin Falls Board of Zoning Appeals voted to approve a variance on Feb. 24 allowing a new house on a North Street parcel (Permanent Parcel No. 931-22-029) to be built 30 feet from the right-of-way, rather than the Village-mandated 50-foot front yard setback.
The variance was requested by property owner Jane Lee Conrad and presented by representative Steven Abby. Abby said the request was driven by structural feasibility concerns, arguing that “the central issue was not convenience but structural feasibility,” and that two engineering reports showed construction at a 50-foot setback would require roughly 20 to 25 feet of structural fill and a retaining wall extending “40 to 50 feet” below grade.
Why it matters: Board members said the parcel’s steep slope and vertical drop make a fully compliant design structurally risky and would require extensive grading. The Board tied approval to conditions designed to protect neighboring properties and public safety — requiring comprehensive geotechnical studies, engineered retaining walls, stormwater management plans, hillside-protection compliance and acceptable emergency access.
Board discussion and neighborhood concerns Board member Rachel Freshman-Johnson and fellow members reviewed the engineering work and repeatedly emphasized that approval of a setback variance does not waive other Village requirements. Freshman-Johnson moved to approve the variance (seconded by Jim Holdren), and cited the practical difficulties presented by the site.
Neighbors and representatives pressed the Board on alternative layouts and downstream impacts. An attorney speaking for adjacent owners Rick and Michelin Watt questioned why intermediate setbacks (for example, 35 or 40 feet) had not been explored and raised concerns that the proposal could affect a shared easement and worsen winter emergency access on the steep driveway. longtime neighbor Rick Watt described safety concerns tied to driveway access and winter conditions. Bill Singer, representing the Northwood subdivision Homeowners Association, asked how the HOA could follow the Village’s drainage review to ensure stormwater from the project would not harm 24 properties in the subdivision.
Board action and next steps The Board voted 4–1 to approve the requested variance. The roll call was: Ayes — Wade Fricke (chair), Rachel Freshman-Johnson, Jim Holdren and Elizabeth Hijar; Nay — Andrew Rockey. Chair Wade Fricke noted that under Village code three council members have 15 days to seek review; absent an appeal the variance will be deemed granted. The Board’s approval includes required follow-up engineering, stormwater, retaining-wall design and hillside-protection measures to be satisfied before construction proceeds.
Reporting note: The transcript cites the site slope with slightly different figures (engineering materials and Board comments variously cite 30% and, elsewhere, 40%); the record consistently describes a steep parcel with approximately a 31-foot vertical drop and engineering estimates that a compliant placement would require substantial structural fill. Where the transcript is inconsistent on a numeric point, this article reports those differing figures and the engineering findings as presented at the meeting.
