The City of Lorraine Board of Appeals on Aug. 6 approved a variance allowing an owner to enclose an existing exterior basement stair and add a wraparound veranda at 1253 East Erie Avenue, despite board discussion about drainage, nonconformity and construction impacts on neighboring property.

Mushtaq Mahmood (also recorded as Mushtaq Mahmood), the property owner and a physician, told the board he bought an older, vacant house built about 1960 and is rehabilitating it for his family. “This is a safety issue,” Mahmood said, describing exposed concrete stairs that he said collect leaves and ice and allow water to enter the basement. He said the work would protect his family and preserve the foundation.

Ed Sutliff, the project designer, said the house is set close to the lot line, that the existing structure and stairwell are integral to the foundation, and that the neighbor had provided a survey showing the stairwell sits approximately one foot inside the owner’s property line and the principal building is approximately five feet from the property line. Sutliff said the veranda would cover the existing stairwell and that the neighbor had no objection.

Zoning administrator Emily Atkinson (referred to in the meeting as Miss Atkinson) and city engineering staff raised concerns about drainage and the limits of prior practice for nonconforming structures. Engineering staff noted options to address foundation water include installing drainage infrastructure such as drain tiles and directing flows to daylight above the ordinary high water mark; staff also said that covering the stairwell alone would not necessarily solve structural foundation problems. The transcript records that the applicant said a nearby outlet is blocked and that he will pursue clearing and other drainage repairs.

Board members repeatedly discussed the legal standard for variances: they may not be granted solely for convenience or economic reasons and should be used where strict application of the zoning ordinance would create undue hardship. Several members asked whether less-intrusive alternatives—repairing the existing stairwell, adding permanent guardrails, improving drainage, or creating an interior stair—had been exhausted. Engineering and board members noted that any work on the exterior stairwell could require temporary access across neighboring property during construction and that gutters/downspouts and surface runoff need to be handled so as not to shift water onto adjacent lots.

After public comment and extended discussion, Board member Patterson moved to approve the variance “due to the unique character of the property.” The motion passed by recorded voice vote; during the roll call the chair said there were three votes in favor and two opposed. The chair declared the motion carried.

The approval included no detailed engineering outcome in the meeting record; staff directed the applicant to coordinate with engineering and to pursue necessary permits and drainage remediation. The board’s discussion and staff comments make clear the approval depends on subsequent engineering and building-permit review to address stormwater and foundation drainage and to ensure the project does not create drainage impacts on adjacent properties.

Why it matters: The decision permits an alteration that makes a legal nonconformity effectively more prominent on the property line and highlights common issues in older lakefront parcels—drainage, erosion, and construction access—that can affect neighbors’ property and shoreline management rules. The board’s split vote and staff comments indicate follow-up engineering and close oversight will be required.