BOARD OF ZONING AND BUILDING APPEALS
November 10, 2005
Members Present: Fred Ashbaugh, Bill Heim (Chair), Amber Mitchell, Jim Jung
Members Absent: Don Dean (Vice Chair)
Also Present: Chris Strayer, Village Planner
Visitors Present: Mr. and Mrs. Edward Meurer
Citizens' Comments: None
Swearing in: The Chair explained the process for the upcoming hearing and swore in all those who wished to speak during the evening.
Edward Meurer, 2402 Newark-Granville Road - Addition
Mr. Strayer said the applicant wishes a variance from the TCOD setback, which is 100'. Currently the house sits 98' back and the proposal would create an 83' setback, an additional 15' into the setback. The building is only coming forward 6½', but due to the angle of the road, it cuts down to 15'. The application has already been approved by GPC, pending BZBA approval.
Mr. Meurer said when he made measurements it was within the minimum from the road. They were trying to blend the old with the new plans. The architects came up with the idea of a porch, which ties the old and the new, but the new plan comes out 6½' from the house and brings it closer to the road. They are farther back from the road than 95% of the houses along Newark-Granville. None are back 100' and there did not seem to be any clear way to do it without encroaching more into the setback. He added that the house was built in 1931 and when they cut down a tree, the counted rings suggested the tree was planted at the same time the house was built.
Mr. Ashbaugh wanted some clarification about the one-time plans to build a road through there to Rt. 79, and apparently that plan is no longer active.
Mr. Strayer checked and found that there were four houses within the setback, and three have a 40' setback, far more than this plan. On the west 75% of the structures are within the 100' setback because the TCOD 100' minimum was set up after the area was built up. All condos on Newark-Granville are within the setback.
MS. MITCHELL MOVED TO APPROVE APPLICATION 05-167. MR. ASHBAUGH SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Mr. Jung applied the criteria to the application:
A.That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning district. True. The angle of the road is not parallel with the house, thus reducing the amount of buildable space on the property and hindering the ability to build uniform additions.
B. That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicants of rights commonly enjoyed by other properties in the same zoning district under the provisions of this Ordinance. True. There are existing properties in the TCOC that have extended into the 100' setback through variance and grandfathering.
C. That the special conditions and circumstances do not result from the actions of the applicant. True. The location of the roadway and its angle to the existing house were not caused by the applicant.
D. That the granting the variance will not confer on the applicant any undue privilege that is denied by this Ordinance to other lands or structures in the same zoning district. True because there are other properties in the TCOD that have extended into the 100' setback through variance and grandfathering.
E. That the granting of the variance will in no other manner adversely affect the health, safety, and general welfare of the persons residing or working within the proposed variance. True. The variance will not adversely affect health, safety or general welfare of any persons.
MR. ASHBAUGH MOVED TO ACCEPT THE FINDINGS OF FACT FOR THE APPLICATION. MR. JUNG SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Minutes of October 13: On Page 3, change Ms. Knox to Ms. Mitchell on the third line up, and correct two typos above.
Next Meetings: December 8 and January 12
Adjournment: 7:26 p.m.
Betty Allen Hullinger