Your questions regarding the Wolff residence at 90 Longacre Lane.  Allan Michelson, village law director, answers are in red.

1) Is a permit needed to tear down a deck and replace it with a patio. Included are steps and retaining walls.  Yes. You can't build a new "structure",  or alter an old one without a Zoning Permit under Section 1002 of the Zoning Code. A structure is defined in the Definitions Section of the Code, Article 14,  and includes anything constructed or erected with permanent location on the ground or attached to something permanent on the ground. The new patio, steps and walls certainly  qualify as "structures".

A backhoe was used to make the land level where the patio was placed and the steps were placed.  If a permit is needed, please explain how they are violating the zoning code (zoning ord, etc.)? I don't think using a backhoe for grading or grading itself requires a Zoning Permit. Moving dirt around is not erecting a "structure," however you have to keep the drainage on it consistent or face a civil suit from your neighbor for dumping excessive water or by the Village if it affects Village/public property.

2) Is it ever permitted to build or place a retaining wall in a street right-of-way. The right of way is owned by the Village and you can't build in it without the Village's permission.

If not, what ordinance would they be violating? This is a violation of general property law, not a specific Ordinance, similar to if one neighbor built a garage on his neighbor's property. You just can’t do that without the property owner's permission and you can be forced to take it down or move it.

3) Is a retaining wall a structure?  Yes.

If yes, what makes it a structure, It's constructed and has a "permanent location on the ground." and would they need a permit to erect just a retaining wall?  Yes, technically I think so because it's a structure, like a deck, a permanent shed, etc. Would they have to follow any code on where to erect it? They shouldn't erect it on someone else's land and in approving the Zoning Permit you can make sure it won't interfere with intersection visibility, drainage, or neighbor's rights. See Section 303 of the Zoning Code. I don't know if the County Building Department has any regulations (they're our "Building Inspector") and you should also check with them.

4) If a retaining wall is somehow permitted to be in a street right-of-way, and the homeowner agrees to take full responsibility for any damages or injury that may occur to it or citizens, how would the agreement be passed on to subsequent homeowners if the house was sold? The only way to make sure of that would be to record it in Medina County Property records, like a deed or mortgage or easement, etc. Then a title search should turn it up to the attention of a prospective buyer prior to closing of a sale.

5) If a retaining wall is ever permitted to be in a street right-of-way, is a variance needed, or approval by council, or both? Frankly it's a bit of a weird concept to let anyone build anything private in the street right of way and I think it's a questionable practice. You don't need a variance (that's for building things on your own property) but you do need a Zoning Permit and approval of the Village by Ordinance or Resolution since you are using Village/public property.