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Monday
Jan092012

BZBA 7/14/05

BOARD OF ZONING AND BUILDING APPEALS
July 14, 2005
Minutes

Members Present:   Fred Ashbaugh, Don Dean (Vice Chair),  Bill Heim (Chair),  Amber Mitchell 
Members Absent:  Jim Jung
 Also Present:  Chris Strayer, Village Planner
Visitors Present: Roman Steciw, Dan Rogers, Barbara Franks, Dottie and Richard Mann, C.K. Barsky, Sharon Sellito, Jodi and Jim Schmidt, Grey Brock, Richard and Nancy Gallagher
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.

New Business:

Dan Rogers, 210 East Maple Street - Lot Coverage
 
 The application is to seek a variance to increase lot coverage from 50% to 67% in order to install a hot tub and brick paver patio.  It was announced tonight that Mr. Rogers has reduced the size of the patio plan to 14'x14' instead of 24'x30, thus reducing the lot coverage to 56%.
 Mr. Rogers said the driveway is crushed gravel, thus permeable.  He has a lot of greenspace, and the reason he wants the variance is to soften the entire area.  Mr. Strayer received a report from the Law Director that said crushed gravel is included in the impermeable area because it is not greenspace. 
Mr. Dean asked about the fence and was told it is solid boards 1" apart. 
 Mr. Ashbaugh asked about water drainage and Mr. Rogers said from the alley to the street it's a 6' drop, and east to west it's pretty flat.  He has retaining walls and his site drainage is put underground to the corner and into the storm sewer.  None of his water goes into anyone else's property, despite what a neighbor believes.  Other people's water drains into his lot .  Mr. Strayer wants to be assured that this is the truth. 
 Ms. Mitchell asked whether he would get the spa even if he did not get the variance, and Mr. Strayer said the plan has been reduced just enough for the applicants to soak their feet in the 2' area around the hot tub.
 Sharon Sellito thinks the plan is a "terrible idea," and she wanted to know when he got the variance for the garage (about three years ago).  She said there's no privacy for her tenants, and there has been a lot of conflict between her tenants and Mr. Rogers. 
Neighbor Bernardetto Llanos is out of the country, but she is upset also, and feels this is a quality of life issue.  Mr. Rogers is already over 50% coverage, and BZBA should not violate their own rules.  She does not know about the drainage, but the land on that side of the yard is eroded.  He built the drain on her property.  When she informed the village, she was told nothing goes through it, but it should not be on her property.  She feels the hot tub will be too close to her property line and there will be noise concerns.
 Jim Schmidt said he moved here two years ago and they are impressed with what Mr. Rogers has done.  He's trying to make the lot even more pleasing. The patio will be next door, and he has no issues with the application.  One problem here is that the big shade tree which provided a lot of shade and privacy was removed.
 Constance Barsky's concern is water and chemicals from the spa draining into the village sewer system.  She thought that if the garage had been built correctly in the first place, there would be no need for a variance now.
 Barbara Franks said of course the spa will not drain into the village sewer.  Also, Bernadetto's property runs next to hers and Ms. Franks would love to add more to shield because "Bernardetto's property sits higher than ours and she would see us in the hot tub, but, unfortunately, they are not talking." The drainage pipe that Ms. Sellito complains about was put in at Ms. Llanos's request, but it is not as good a quality pipe than the original and has holes in it.
 Ms. Mitchell said that although we sympathize with neighborhood feuds, our concern tonight is lot coverage
 
MR. ASHBAUGH MOVED TO APPROVE THE LOT COVERAGE FROM 50% TO 56%.  MR. DEAN SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.

 Mr. Ashbaugh. applied the application to the criteria for lot coverage variance:
 
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. There are no special circumstances. 
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.  No other properties in the VRD have 67% coverage, but that is debatable.
C. That the special conditions and circumstances do not result from the actions of the applicant.  They do.
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.  Apparently there are other properties with 67% coverage.
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. It will not affect health or safety, but general welfare of the neighborhood would be affected
 

Roman Steciw, Denison Drive, Lot 4 -  private facilities

The application is for private sanitary facilities on a vacant lot  split off four years ago from a  Newark-Granville Road lot because extending water and sewer lines would be a great expense for the Village.  Everyone else on Denison Drive is on septic and well and there is ample room for a leachbed. 

.   The Village has no plans to extend services to Denison Drive.   It will drain into the leachbed and drains to the southeast corner toward the driveway.  The applicant has received permission from the County Board of Health, based on types of soil, drainage, topography, etc. 
MS. MITCHELL MOVED TO APPROVE 05-100 AS SUBMITTED.  MR. ASHBAUGH SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.

Mr. Dean 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.   Based on lots in that area, there are others that have to have the same drainage system.  Also, the Village does not want to provide service lines out there.
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.  N/A
C. That the special conditions and circumstances do not result from the actions of the applicant.  No, we cannot feasibly get facilities to them at a reasonable and fair price.
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.  N/A
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. Based on the County Board of Health report, this is true.

Richard Gallagher, 261 Burg Street, Side Yard Setback

 As can be seen by the topography, there is a severe drop on the lot upon which the owner wishes to build a house.  He is asking for a variance from side setback to 8' from 14'.  The garage would be 6' into the setback.
 Mr. Gallagher said if they set the garage back farther, they would not even be aboveground.  Neighbor Mollie Roth was shown by stakes where it would be located and she had no objections to the variance.  He explained the layout of Ms. Roth's the land and where the proposed house would be located.
 Mr. Heim asked whether the setback would be in line with the neighbors' and was told Ms. Roth's house will be well forward of ours.  The Vockel home will probably be forward  too, but she's quite a ways away.
 Mr. Ashbaugh thought they had pushed the house as far back as they could.  It appears to be on the property line. 

MR. ASHBAUGH MOVED TO APPROVE APPLICATION 05-103 FOR SIDE YARD SETBACK VARIANCE.  MS. MITCHELL SECONDED, AND MOTION WAS  APPROVED BY MAJORITY (Mr. Dean voted Nae)

Ms. Mitchell applied the application to the criteria for side yard setback:

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..  Ms. Mitchell always has a problem with this criteria because special conditions do exist, but they are not applicable to other structures in the same area.  They do exist, but other properties have them.  But A. refers to this lot rather than surrounding properties.  So this is true.
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. This is true because there are other properties that violate the setback regulations. 
C. That the special conditions and circumstances do not result from the actions of the applicant.   .False; they do.
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.  This is true.
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 posed variance. True, it will not adversely affect others.

Minutes of April 14:  MR  DEAN MOVED TO APPROVE; MS.MITCHELL SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Minutes of June 30:  MS. MITCHELL MOVED TO APPROVE; MR. DEAN SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.

Next Meetings:  August 14 and September 8

Adjournment:   8:35 p.m.
Respectfully submitted,
Betty Allen Hullinger

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