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BZA denies Fairview Park homeowner's variance request to avoid rebuilding required garage
Summary
The Board of Zoning & Building Appeals on June 9 denied a variance request from homeowner Janis Kumhall at 4268 W 210 St to avoid rebuilding a required garage, finding the request premature because the existing garage had not yet been demolished; the vote was 4-0.
The Board of Zoning & Building Appeals met June 9, 2026 at Fairview Park City Hall and voted 4-0 to deny a variance sought by homeowner Janis Kumhall that would have exempted her property at 4268 W 210 St from a code requirement to provide two parking spaces with one enclosed space.
"Please consider that I have been at this house for 40 years and did the best that I could," Kumhall told the board, saying she does not own a vehicle, has limited finances, and that removing or repairing the garage would cost about $25,000. Building Commissioner Walter Maynard told the board the garage "is not repairable anymore, it's been under citation for two years." Legal counsel John Castele and staff said the code (1117.21(c)) governs the property and that demolition and replacement timing affect whether a variance is appropriate.
Board members questioned enforcement options and financial verification. Mr. Jackson asked how the city could compel construction or get proof of lack of finances; Mr. Maynard responded he had "no proof of that" and that enforcement could move to Rocky River Court if plans were not in place. Mr. Maynard said a basic building approval for new construction is typically valid for one year and added that without a compliant garage the structure can be treated as an illegal structure that cannot be transferred, sold, or used as loan collateral. He also said the owner would have six months to build a new garage if required by a court or order.
Support and concern appeared during testimony: Dr. John Ellis, a podiatrist who said he had known Kumhall for 20 years, asked the board to "go easy on her" and said she had "done her best." Neighbor David Hille, who identified himself as a roofing business owner, told the board the garage roof had visible holes since April 2023 and described the current condition as "an eyesore and dangerous," urging that any relief ensure the site was cleaned so it would not depress nearby property values.
The board's motion to deny was made by Mr. Studeny and seconded by Mr. Jackson; the roll call (Ayes: Studeny, VanSchoor, Jackson, Feller) carried and the docket (5-26-07B) was recorded as denied. Counsel and staff indicated the city expected demolition earlier and said if no plans were in place by July 1, 2026 the city would pursue court filings. The board and staff encouraged the applicant to return when the garage had been removed and her finances could be documented.
Next steps: no variance was granted; the city signaled intent to pursue enforcement action after July 1 if demolition plans were not submitted, and the matter could return to the board after site cleanup and any permit activity.
