Mayfield Village Resident Gets to Keep Garage

Meadowood Drive resident Tim Scasny insisted all along that officials knew about improvements to his garage and gave verbal approval. Now he's got the approval in writing.

A legal settlement will allow Scasny to keep the garage he spent $125,000 on to convert to a "man cave," as well as compensate him for $15,000 in legal fees.

"I knew this was a slam dunk," said Bryan Carr, Scasny's attorney. "We tried to resolve the case. We were willing to follow the decision of the Board of Zoning Appeals. He would take down the woodshed, keep the garage and we'd be on our way."

Diane Calta, the village's assistant law director, said the village settled on the recommendation of its insurance company. She added that the agreement does not lead the way for residents to have two potential residences on one parcel.

"The settlement does not change the single residential zoning of the property.  The property owner is required to comply with single residential zoning," Calta said.

After a neighbor complained last year, village officials ruled Scasny was in violation of building codes.

Since 2001, Scasny has added on to the garage structure, which has grown from 292 square feet to 645 square feet. He also built a woodshed. Although a permit for the garage was issued in 2001, village officials had argued that was for no more than 292 square feet and the garage and woodshed combined for more than the maximum square footage allowed for accessory uses.

Scasny sought variances in 2011 and the Board of Zoning Appeals granted one for the garage, but not for the woodshed. Village Council then reversed those decisions, allowing the woodshed and denying the garage.

Carr said the case was resolved because an insurance company representing the village wanted to settle. He said the settlement does not make any mention of the garage being a nonconforming use.

"I would not have agreed to such language," he said.