Granville Community Calendar

BZBA 06/24/93

BOARD OF ZONING AND BUILDING APPEALS
June 24, 1993
Minutes
Present: Ashlin Caravana, Chuck Meteer, Gilbert Krone
Ann Kennedy has submitted her resignation, and a substitute will
be sought. The group signed a letter of regret at her
resignation and thanks for her years of service.]
Absent: Ron Winters
Also Present: Doug Tailford, Zoning Inspector
Visitors: Andrew Crawford (222 Summit)
Minutes:
approved;
APPROVED.
Mr. Krone moved that the Minutes for May 27 be
Ms. Caravana seconded, and MINUTES WERE UNANIMOUSLY
Citizen Comments: None
New Business:
Andrew and Cheryl Crawford, 222 Summit
The Crawfords wish to place a 27' deck on the back of their
home, which will be located 1' 8" off the side lot line, where the
house currently sits. This would be a variance request of 10' 2"
from the 12' requirements. Mr. Crawford explained that because
of standard 24" lumber, he will reduce his length to 24".There
is no other spot on the lot where he could put the deck without variance needed. a He would not find it feasible or safe to place
the deck on the top of the garage; even that would require a variance. Several neighbors have decks or porches, some
intruding into setback space, and there have been no recorded
objections to the proposed deck.
Granting this variance would not have any effect on services delivered to the area. The property was purchased by the
Crawfords prior to adoption of the new zoning plan, and they had no knowledge of the future requirement. The spirit and intent of
the requirement would be met by granting the variance. Ms.
Caravana moved that we approve the variance because the position Mofr. thMeetheoeurse sepcroencdlueddes configuration of a deck anywhere else. and noted the criteria necessary for
approval: (1) special circumstances exist to justify a variance; 2) failure to approve would deprive the Crawfords of commonly
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enjoyed rights to their property; (3) the special circumstances
herein do not originate from owner' s action; (4) granting would
not confer any undue privilege; and (5) approval would not affect
health, safety, and welfare of the neighborhood. MOTION WAS
UNANIMOUSLY APPROVED.
Work Session on Criteria for Making Decisions
BZBA is a fact-finding group, collecting evidence and making
findings. An appeal process is available within ten days of the
time when Mr. Tailford notifies applicants and they pay their
fees. Members were referred to a recent Rocky Fork decision,
which presented several questions to this group. The Law
Director will be consulted, on such items as the swearing in of
applicants and witnesses, possibly as a group. It must be made
very clear what we expect of applicants and residents, and it is
important that they tell us exactly why they are applying for
variances, perhaps even writing a letter detailing how the
criteria are met and why they believe a variance is necessary or
why rejection of application constitutes a hardship or arguing
that proposed change can go nowhere else. BZBA actions must
examine criteria, find specific facts to support what we want the
motion to decide, and keep such rationale on record. All the
record has to show is that there is a greater weight of evidence
to support our finding of fact. If anyone opposes the
application, they should be very clear with their arguments and
statement of fact, eg.,how it would devalue their own property.
Mr. Tailford suggested that he hand out a packet of instruction
to new applicants or opponents. Ours is an adjudication
hearing, not a public hearing. Mr. Tailford routinely sends out
taheforermin. letter, and members worked to tighten up the language
Announcements: Congratulations, Doug, on being full-time!
Adjournment: 8: 20 p.m.
Next Meeting: July 22
Respectfully submitted,
Betty Apollonio
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