Fairview Park backyard ice rink ruled a zoning violation

FAIRVIEW PARK, Ohio - The Fairview Park Zoning Board agreed with the city building commissioner, saying a backyard ice rink is a violation of city guidelines.

Daniel Orleman of Fairview Park has been playing hockey since he was just 3 years old, so it's not a surprise he would one day hope to have an ice skating rink in his backyard.

Three years ago, Orleman acted on his passion, constructing a temporary rink with lumber and a vinyl tarp usually used to cover large boats.

Orleman's ice rink is substantial, measuring 46 feet by 36 feet, and takes up a large portion of the lawn behind his house.

"It's nice to be able to skate in my own backyard with the pee-wee hockey team I coach," said Orleman. "I know my neighbors get a kick out of watching me practice."

But not all neighbors are pleased with Orleman's ice rink. In December, the neighbor living directly behind Orleman filed a complaint with Fairview Park Building Commissioner Sel Kulcsar.

Orleman said the neighbor complained his ice rink was unsightly and could be a hazard due flying hockey pucks.

The Fairview Park Building Department determined the ice rink is a violation of city building code, which states permanent structures built within 28 feet of the property line must not obstruct the space between the ground and the sky.

Last week, the Fairview Park Zoning Board upheld the building department's findings, and Orleman has been ordered to take down his ice rink.

However, not all of Orleman's neighbors agree with the zoning boards ruling. In fact, three other neighbors testified in support of the ice rink at the zoning hearing.

Neighbor Ilona Frank told NewsChannel5 the one resident who complained actually lives in Rocky River. Frank said she believes the Fairview Park Building Department should support the views of Fairview Park residents first.

"I'm not sure why they're listening to a Rocky River resident," said Frank. "I would like the building commissioner to take one more look at this situation."

5 On Your Side contacted the Fairview Park Building Department, and Commissioner Sel Kulcsar explained the ice rink is a clear violation of city code.

"If Mr. Orleman wants to have the ice rink within the 28 foot buffer zone, he'll have to dig the rink down into his lawn so none of the boards are above the grade of his backyard," said Kulcsar. "Or he can set up a smaller rink closer to his home and out of the buffer zone."

Orleman told 5 On Your Side digging the ice rink below grade would be costly and very difficult, due to massive tree roots running underneath his backyard.

Orleman said he may set up a smaller rink closer to his home or file a lawsuit against the city in Cuyahoga County Common Pleas Court.

Residents are advised to check with their city building department and zoning board before constructing anything substantial on their property.

NewsChannel5 will continue to follow up on this developing story.