Mayfield Village Resident Wins Court Case About Garage

A judge ruled that resident Tim Scasny can keep a garage he spent more than $125,000 on to serve as a "man cave."

In 2001, Scasny received a permit for a garage of 292 square feet at his Meadowood Drive property. He added to that and the garage is now 645 square feet. Scasny said former Building Commissioner Bernard Samac told him that it was OK to increase the size of the building.

But a neighbor complained and he was cited for a code violation last year by Building Commission John Marrelli. Scasny argued his case before the Board of Zoning Appeals, which granted a variance, but that decision was reversed by council on Nov. 30.

The case also involves a 7-foot high woodshed for which Scasny did not get a permit. In her ruling, Cuyahoga County Common Pleas Court Judge Nancy Margaret Russo said the woodshed must be removed.

"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.

Scasny said he will comply with the ruling.

"I'm happy. I'll take down the woodshed. I'll be a good neighbor," he said.

Marrelli said Law Director Joseph W. Diemert Jr. will look into the village's next step and if officials will appeal the court decision.

Scasny also asked the court to have the village pay the $15,000 in attorney fees he spent on the case, but that motion was denied.

Although pleased he can keep the garage, Scasny was frustrated that he had take legal action when village officials knew what he was doing and had no problem until one neighbor complained. He applied with Marrelli for permits to hook up cable, water and other utilities in 2006.

"He knew what I was doing the whole time," Scasny said.

Scasny added that he has the support of other neighbors and the problem stems from the woman next door not being able to sell a house she inherited. He said her asking price is too high, but she's blaming his garage for devaluing the property.

If anything, the garage adds to property values, he countered. Scasny said he also worked with his neighbor when she said he had too much patio in front of his house and cut the size in half.

But the bottom line is that he followed the rules as they were stated to him, regardless of whether there is no official record of what he was told by a former village official.

"They decided to change the rules in the middle. It's not my fault," Scasny said.