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Council approves 10-foot side-yard variance for 34091 Somerset after neighbor objections
Summary
The Solon City Council approved a 10-foot side-yard setback variance for 34091 Somerset on Aug. 3 after the applicants presented a professional site survey and neighbors raised drainage and notice concerns. The vote passed with one dissenting councilor.
The Solon City Council on Aug. 3 approved a 10-foot side-yard building setback variance for 34091 Somerset Drive after hearing neighbors' concerns about notice and drainage and receiving a professional site survey from the applicants.
Ann Marie Pinizzato, a neighbor at 34131 Somerset, told the council she and her husband were not informed when the applicant revised a previously filed variance from an 8-foot to a 10-foot setback. She said the change left neighbors without time to prepare and cited a July 9 memo from the city engineer raising drainage questions. "We respectfully request the opportunity to review the final survey, the final construction plans and the completed grading and drainage plans before the work begins," Pinizzato said.
Applicants Jason and Carmen Burrows presented a professional site survey and said the third garage bay would be 10 feet 3 inches from the property line; Jason told the council the garage fire on April 12, 2026 prompted rebuilding and that the revised plan included a defined swale and a fire-rated exterior wall on the neighbor-facing side. "We voluntarily revised our plans to reduce impact," Jason Burrows said, describing neighborhood signatures supporting the revised design.
Council members debated precedent and nonconformity in the neighborhood; one councilor warned that denying a variance when a neighboring property already has a similar setback could invite litigation. Committee member (speaker 3) moved to approve the variance and speaker 15 seconded the motion. The motion carried; the record shows one 'no' vote from Councilor Pilounis and the remainder voting yes. The council concluded the project met the planning and engineering conditions specified at the planning commission hearing.
The applicants were told to follow all conditions in the planning and engineering memos, including submission of the professional survey before permit issuance. The council did not specify additional follow-up at that meeting.
