Mayfield Village Appeals Court's Decision on Garage

has filed an appeal to a Common Pleas Court ruling allowing Meadowood Drive resident Tim Scasny to keep a garage he spent $125,000 on turning into a "man cave."

Law Director Joseph Diemert said Judge Nancy Margaret Russo erred in accepting Scasny's claim that former Building Commissioner Bernard Samac told him that it was OK to increase the size of the building without amending a permit that had been issued.

"The judge's decision didn't take into account that facts about occurred and records that just aren't there," Diemert said. "We didn't tell him to take down the garage, only the parts he added on. We think the application of the law is pretty clear that the village has the authority to enforce its codes."

He added that Scasny should have received written approval before doing the work. Diemert said village officials are concerned about setting precedent and having two potential residences on one parcel of land.

"I'm just shocked," Scasny said about the village's decision to appeal the case. Scasny maintains that Samac not only told him it was OK to increase the garage size from the 292 square feet originally permitted to 645 square feet, but also visited the site and knew exactly what work was being done.

In her ruling, Russo stated that the structure was built with Samac's knowledge and approval.

"The court has reviewed said evidence and finds that the decision of the Village of Mayfield and its council requiring appellants to tear down a 10-year-old renovated garage structure that was built with the required permits and the knowledge and approval of the building commissioner at the time, Bernard Samac, is unreasonable and arbitrary. It is this court's decision to revert back to the decision of the village's Board of Zoning Appeals. The garage structure is to remain and the appellant's woodshed, being built without a permit, is to be removed," Russo wrote in her decision.

Diemert said the case will go to the 8th District Ohio Court of Appeals for review and he expects a ruling in about nine months.