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BZA approves large utility structure on Mastick Road after debate over size and fire access
Summary
The board granted a variance allowing a 40x40 (1,600 sq ft) utility structure at 21793 Mastick Rd., exceeding permitted size and height; applicants said it will store woodworking tools and take up about 4% of the yard while the Fire Chief raised access concerns.
The Fairview Park Board of Zoning & Building Appeals approved a variance on April 14 allowing owners Michelle Yanok and Michael Zajac to construct a 40x40 utility structure at 21793 Mastick Rd., substantially larger and taller than zoning permits.
The applicants requested a structure measuring 40 by 40 feet (1,600 square feet) where the code permits 144 square feet, creating a variance need of approximately 1,456 square feet; they also sought an 8-foot height variance to reach about 18 feet, 6 inches where 10 feet, 6 inches is permitted. Ms. Yanok and Mr. Zajac said the building will store yard equipment and woodworking tools; Zajac said the lean-to will be used to store lumber and the structure would allow them to free the garage for vehicle parking.
"It will take up only 4% of the yard," Mr. Zajac said, arguing the size reflects the costs and uses he needs for woodworking. Building Commissioner Walter Maynard described the lot as unique in Fairview Park and noted the property is adjacent to two other parcels and Metroparks land. The Fire Chief flagged concerns about distance and access; the board discussed that emergency responders would already need to address the house in any significant incident and noted the nearest hydrant is on Riviera.
Legal counsel John Castele cautioned that, if granted, any variance should be narrowly tailored to this lot to avoid setting a broad precedent. The minutes record the variance as approved; no detailed roll call was recorded in the transcript. The applicants said utilities would eventually include electrical service only, and the structure will be metal.
