Is bigger always better?

Residents object to construction of new “massive” home in older city neighborhood

by Melissa Martin

A handful of Brecksville residents have joined forces to put the brakes on a housing project they contend jeopardizes property values and threatens to permanently alter the character of their neighborhood.

Patrick Coleman, a 40-year resident, and Broadview Heights resident John Klipfell appeared before Brecksville City Council Sept. 21 to express concern over a proposal to demolish a residence at 8035 Pershing Rd. to make way for a new 7,800-square-foot home.

“We’d like to see the property maintained in its current state,” Coleman told council. “What we don’t want is to see the neighborhood changed to the point where it is no longer recognizable.”

Klipfell, whose daughter Elizabeth lives next door, at 8045 Pershing Rd., said most concerning to his daughter and her neighbors is the massive size and scale of the proposed home, which would be more than three times larger than most houses in the area. He noted that plans for the property also call for the removal of numerous trees, construction of a 3,000-square-foot pool deck, an eight-car garage, a 12-car driveway and a 1,200-square-foot area where a hot tub and fire pit will be located.

“If this is built as it is proposed, this will destroy my daughter’s home value because all the trees and the other beautiful aspects of her property will render her home largely useless,” Klipfell said.

The matter was presented to the city’s Board of Design and Construction Review on July 19, when Klipfell presented an overview of the neighborhood, comparing the proposed new home to existing homes, many of which were built in the 1920s.  

“I have no objections to where people build homes, but they should not do it at the devastation of property values in the neighborhood,” he said. “What we’re really looking for is an equitable solution to all of this.”

Tony Anselmo, who will own the proposed home, told the board he purchased the lot because of its park-like setting and to be closer to family. He said part of the home’s square footage includes living space for his mother.

Anselmo said the inspiration for the mid-century modern home comes from the Palm Springs, Calif. area.

Lawsuit filed

Klipfell argued the fence Anselmo plans to install around the property would impede his daughter’s ability to use her driveway. Elizabeth Klipfell has filed a lawsuit on the grounds of adverse possession, claiming that she has been required to maintain a 3-foot strip of land on Anselmo’s property that includes three inches of her driveway.
David Lewis, owner of Lewis Land Professionals, presented the findings of a survey performed
by his company. He said the survey shows Klipfell’s driveway is located approximately 3 feet south of the property line, which means Anselmo’s fence could be installed without conditions of adverse possession being met.

Lucas Staib of AODK Architecture agreed, adding that the house meets all city requirements. Law director David Matty concurred.

“Our current code does not have a maximum size for a home,” he said. “It has requirements for front yard, rear yard and side yard setbacks. If the property owner can meet those setbacks without getting a variance, the property owner has the right as the owner of the property to proceed with development. … No court is going to deny a property owner that right.”

Matty told Klipfell he understands his daughter’s position, as well as those of her neighbors, but said the house can be built as proposed because it meets city codes.

A bigger issue at stake

Coleman and Klipfell told council that if the project proceeds, it will set a precedent in the city that could have significant long-term consequences. They told council they have mailed letters to more than 1,100 city residents making them aware of the situation.

“This is representative of a problem that needs to be addressed by this council for the future as well,” Klipfell said. “As Brecksville runs out of space, people are buying older homes and demolishing them. They are finding it’s cheaper to buy a couple older homes than it is to try and go out to find a lot.”

Mayor Jerry Hruby agreed the subject should be vetted by city council and the administration in the near future.

“Right now our code is based on the minimum size of a dwelling that can be built, but there is no limit on size,” Hruby said. “With that in mind, the issue comes down to one question, is this house too big? And if it is, then how big is too big?”

Hruby told council and the audience he believes there are several homes in the community that are as big or even bigger than the house Anselmo has proposed. The difference is that those homes are primarily located in subdivisions containing similar-sized residences not in older neighborhoods where the houses are smaller.

“This is why this Board [of Design and Construction Review] was created – to determine how homes such as this affect property values and whether it looks out of place,” he said.

Hruby said regarding the Anselmo home, existing codes will stand and the home will be constructed in the coming months.

“It’s difficult for the city to do much at this point,’’ he said.  “But it does raise the issue for the future.’’

 Said Matty, If (Chief Building Inspector) Scott Packard reviews this situation and deems this house to be of a size that is able to be built without variances, it is not going to be stopped.”

Matty said he understands the Klipfells’ sentiments, but the rights of a property owner are very difficult, if not impossible, to deny.

“Its an argument you just won’t win in the end,” he said. ∞