BOA - February 17th 2015

Mayfield Village
Feb 17, 2015

The Board of Appeals met in regular session on Tues, Feb 17, 2015 at 7:00 p.m. at the Mayfield Village Civic Center Civic Hall. Chairman Prcela presided.

(Print friendly/PDF)


Present: Mr. Joseph Prcela (Chairman), Mr. Paul Fikaris (Chairman Pro-Tem), Mr. William Russ, and Mr. Vetus Syracuse

Absent: Mrs. Shirley Shatten and Ms. Diane Calta (Law Department)

Also Present: Mr. John Marrelli (Building Commissioner) and Ms. Deborah Garbo (Secretary)


Mr. Russ, seconded by Mr. Syracuse made a motion to approve the Minutes of Nov 25, 2014.   


Ayes: Mr. Prcela, Mr. Fikaris, Mr. Russ, Mr. Syracuse

Nays: None                                        

Motion Carried. Minutes Approved as Written.


East Commons, Ltd
c/o Sam Cannata
Temporary Real Estate Sign
286 SOM Ctr Rd.

  1. A request for a 7’ height and 26 sq. ft. area variance from Section 1185.12 (c) to allow for temporary real estate signage.


Abutting Property Owners 

North Commons Blvd

Progressive Ins. Co. 300 NCB
Governor’s Village 280 NCB
Altercare Rehab 290 NCB

SOM Ctr. Rd

294 SOM Ctr Rd.


  • Election of Chairman
  • Election of Chairman Pro-Tem
  • Election of Secretary
  • Election of Planning & Zoning Representative to the B.O.A.


Chairman Prcela opened the floor to a motion for the Board of Appeals 2015 nominations. 

Mr. Fikaris, seconded by Mr. Russ made a motion to maintain the same slate as 2014.  

Chairman asked if there was any discussion. There was none.

The nominations were closed.

Chairman asked for a Roll Call on the nominations, the group as a whole.  


Ayes: Mr. Prcela, Mr. Fikaris, Mr. Russ, Mr. Syracuse  

Nays: None                          

Motion Carried.

Joseph Prcela to serve as 2015 Chairman
Paul Fikaris to serve as 2015 Chairman Pro-Tem
Paul Fikaris to serve as 2015 P & Z Representative to the Board of Appeals
Deborah Garbo to serve as 2015 Secretary


Case #2015-01

Chairman Prcela states, this is our first case of the year. A variance request for temporary real estate signage.   


Chairman Prcela stated that anyone wishing to speak must be sworn in, administering the oath to the Board Members, Applicants, & Appellants and asked anyone wishing to speak to state their name and address for the record.

Sam Cannata c/o East Commons Ltd introduced himself. I think we’re all familiar with the project and location at this point. We’re at the stage now that we’d like to market the property a little more.

Mr. Marrelli asked Mr. Cannata if he owns the property.

Mr. Cannata replied yes, lock stock and barrel. Site plan in hand, we’re not clearing any trees. We just want to put up two signs. One across from the commercial properties on North Commons, but the one we’re really here to talk about tonight is the one I want to place on SOM Ctr. Rd. which is residentially zoned. I don’t think I’d get any calls off a small real estate sign, so that’s why I’d like to put up more of a commercial sign, a 4’ x 8’ sheet, a one sided sign to run parallel with the road.

Mr. Marrelli asked, do you really need it to be 10’ high? It’ll look like a billboard up in the air. You probably want it eye level. Our commercial code allows signage to be up to 6’ high.

Mr. Cannata agrees. I can go with a shorter sign. Ten feet would probably be too high. I just want to get some better exposure without impacting the neighborhood. When you say the height, it’s the top of the sign, right?

Mr. Marrelli said yes. The reason I mention 6 feet is because that’s our commercial code for maximum height for a ground sign. That’s standard when guys put signs up. When you drive by, it’s at eye level.  

Mr. Cannata said Mr. Kinnaird commented about setting it back not to block his line of sight when he pulls out his drive. We’ll set it back as far north as you’ll allow.

Chuck Kinnaird, 294 SOM Ctr. Rd., abutting neighbor. I’ve got a tree at the base of my drive. I can’t pull all the way down to the bottom of my apron and see. I have to pull ½ way down my drive. I’d like to see the light. My drive’s on the north side of my property. If you put it near the big pine tree that’s in the middle there, to where the oil pump is, and far enough back, then it doesn’t block my view and I can see the oncoming traffic. I like to see when the light changes, then I know I have enough time to back out in the morning.

Mr. Fikaris asked if there’s a grade issue.

Mr. Marrelli said it’s flat.

Mr. Fikaris asked how long the sign will stay up.

Mr. Cannata replied, as long as I can have it up.

Mr. Marrelli notes it’s 6 months renewable.

Mr. Cannata said, I’ll come in every 6 months until I get some traction.

Chuck Kinnaird demonstrates to Mr. Cannata and the Board where he prefers sign to be placed.  

Mr. Marrelli notes for the record; North/East quadrant as much as possible.

Chairman Prcela asked if Mr. Kinnaird is the only neighbor within the 300’ radius of the variance request that required notification.  

Mr. Marrelli said Progressive responded. They knew about it.

Mr. Cannata said across the street is the Metro Parks and next to us the cemetery.

Chairman Prcela asked Mr. Kinnaird, if it complies with the location, you’re fine with any variance we may grant?

Mr. Kinnaird replied, yes. Running parallel with the road, I’m not looking at it. My only concern was that it didn’t block my view to the street light of White Rd.

Mr. Cannata states, before we set the posts, we’ll go out there together to coordinate.  

Mr. Marrelli states, a 4” post with a ¾” plywood at 30 yards is going to disappear. You won’t see it.

Mr. Syracuse asked, if you’re willing to reduce the variance request from a 10’ to 6’, that would make it a 3’ height variance. How would that change the square foot variance request?

Mr. Marrelli replied, it wouldn’t.

Mr. Cannata agrees 10’ is a little obnoxious.

Chairman Prcela asked, Planning & Zoning has seen this project? Everyone’s been working together towards this?

Mr. Marrelli said yes. The BOA has granted a number of variances on parking for the buildings. It’s a unique project that is has two zoning classifications and boarders two different roads. It gets a little sticky when you try to apply the zoning codes to two different places that are being used together. The residential code strictly applies to SOM frontage. There’s no traffic on North Commons compared to SOM, so if you’re going to advertise, you want to do it on SOM.

Chairman Prcela speaks towards Mr. Cannata’s hardship. Theoretically he could put that sign on the commercially zoned portion.

Mr. Marrelli said he could do that. I think it would be unprofessional to have a 3 sq. ft. real estate on SOM Ctr. Rd. for a commercial development of that category.

Chairman Prcela added the allowable 32 sq. footer at the commercial property line would be invisible.

Mr. Marrelli said the only people that will see the sign on North Commons is Progressive employees and anybody visiting the Nursing Home. Your traffic is on SOM.

Chairman Prcela said this is to secure tenants. Are there any commitments on tenants?

Mr. Cannata said we’ve been talking with a couple very interested people. We have a couple letters of intent we’re negotiating. Nothing to come in and celebrate with cake right now. The intent was to build the front first without tearing any trees down or if we had a solid tenant/purchaser then we’d clear the area. We’re doing it in stages and working our way back. With the sign up now, people will actually see something’s going on.

Mr. Fikaris asked about the 6 months duration on the sign.

Mr. Marrelli said, I’d entertain a notion that if 6 months goes by and we come to that point, he can renew it with a letter instead of a meeting.

Chairman Prcela asked if we have the ability to go beyond 6 months.

Mr. Marrelli would confer with the Law Dept. Enforcement wise, we don’t keep track of the time so much, and I’ll go on the record to say that. The only time I’ll start looking for you is if the sign starts getting raggedy. That’s when I’d go into action.

Mr. Fikaris wants to prevent it becoming a permanent part of the landscape.


Mr. Russ, seconded by Mr. Syracuse made a motion to approve the variance request for Sam Cannata c/o East Commons Ltd to allow for a temporary real estate sign at 286 SOM Ctr. Rd as noted:

  1. Twelve (12) month duration approved unless Law Department states otherwise.
  2. Approved maximum height 6' above grade.
  3. Approved sign size of 4' x 8'.
  4. Sign to be properly maintained at the discretion of the Building Commissioner.



Ayes: Mr. Prcela, Mr. Fikaris, Mr. Russ, Mr. Syracuse         

Nays: None                                          

Motion Carried. Variance Approved.   

Right to Appeal

Chairman Prcela stated written notice will be mailed by the Building Department confirming the decision and any interested party has the right to appeal within 10 days.


Scasny Appeal

Mr. Marrelli makes point of interest. It’s an odd situation where we’re having a Board of Appeals and Council meeting on the same night. As it turns out, Council will act on the Board of Appeals decision on the Scasny matter tonight. You’re welcome to stay.


There being no further business, the meeting adjourned at 7:27 p.m.