Granville Community Calendar

BZBA Minutes 5/27/1994

BOARD OF ZONING AND BUILDING APPEALS

May 27, 1994

Minutes

Present: Dan Bellman,Ashlin Caravana, Gilbert Krone, Chuck Meteer

Abse,11:

Also Present: Doug Tailford,Village Planner

Visitors: W.S. Klopfer (2402 Newark- Granville Road),Bryan Rapp (679 Burg),Susan Diduk/ Kent Maynard

335 N.Granger)G, eorge &Marian Calhoun 6(53 Burg)M, ary Kay Larimer 6(70 Burg)B, ryan Law 3(46 East

College), George Fackler (303 parker Street), Arabelle Reynolds (2489 Newark-Granville Road)

Minutes: Mr.Meteer moved to accepl minutes as prepared,Mr. Krone seconded,and the minutes of April

28, 1994,WERE UNANIMOUSLY APPROVED.

Citizen Cominents: None

Old Business

George Fackler,2362 Newark-Granville Road

A[) Plicatio,1 tabled from last,neeting.}Mr.Fackler is requesting a variance from the required selback

iii order to add to tlie existing warehouse. A setback of 60'is required when abutling a residential properly;

he would need a variance of 39:Height of theaddition will be 16'.The application has Granville Planning

Commission approval conlingent on BZBA approval of variance. BZBA members met at 7 p.m. this evening

lo perilse the $itualion causing conflict at Fackler'$.

Mr.Fackler explained that tl,e business is growing,and there is insufficient space to store vehicles,

causing an unsigt[l,y situation and inviting rust. The original building was built to proper setback regulations

with no variances,but with Ille new zoni,18 codified,these no longer apply. He wants to go no higher than

tlie lowest port of (le eave; it would be a pole barn type of building,as it,conspicuous as possible.

Ms. Caravana began to apply specific criteria but met with the unique zoning situation and the

cthorneceerrenassoonfsthwehnyetihgehvbaorrisa.ncTerosyhoaunlddSntoatcbeeygBruatnleter d2(:31 8()8aeNsethweatircksG-,2r (a)pnrvoilpleertRyodeavdah)lau.datwiornittfeonr thaelenteteigr hcbitionrgs, 3( )

at,d safely cor,cert,3 with more traffic at the business. Mr.Klopfer,another neighbor,was also concerned with

what would.happen in the fulure

m,&40'ju#,d¢ . 0&#156£*<44#.<

Mr.Hurst Iwad staled (lkal fackler'$is ap*mitted use under the old and under the old ordinances,andU

Me. Fackler legally may expaid, tlie warehouse) Tliere are two parcels.the warehouse and lhe resident4ia4l#/- house;the other buildilig,the retail business,is on another properly- Members questioned Mr. Fackler about 0 j

possible alternatives for expansion Iii order to avoid a variance,but he informed the group 11,at he has already

corisidered other options and some of the problems would be. (1)traffic would have to loop around the house

2) il's arcl,itecturally impossible and tlie roof would leak if extended atiother way,3 ()he would need another

variance for a 96'warehouse. i

Mr, Meteer was concert,ed about a con,merclal property abulting a residential dwelling,a proximity whidi tlie ordinat,ce separated by its 60'setback requiremetil,a,id saw no hardship on Ihe owner;l (,erefore,

a variance should not be granted. Also,we are not denying him a,Trt!in,g we are granting someone else.

ID: 614 227 4492 PAGE 3/4

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JUN-23-94 03: 06 FROM: PORTER WRIGHT

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Mr.FackMleermabsesrusrewdertehecognrcoeurpnetdhaalto n(gwilhtrie neigliborsabouttheunkemp{situationoftheproperty,and expai,sion.I.le is willing to clean upI,taisndwoheuldhopbeesptahretlynesioglivbeodrsbwyipllulting velilcles into zlie warehouse do the same. The fence does not belo,ig to Fackler's,bul lie is willitig to laridscape If (I,e fence is removed. MS.CARAVANA MOVEDTO APPROVE THE VARIANCE and applied the criteria: ( thpeerceiawlecriercsupneiscitaalicceirscupmecstualniacretsobtehcealuasnedtohersbturuilcdtiunrgewwahsicinhacorennfoormtaapnpcleicabletootherhouses1in)Athreeathreerae? oitfw1a1es'zbouniilnt.gMordr.inKaronnceedperopvriidveedapinppliuctaai,tlsooffroigrh t1(s)and 2()W,ould a literalwinitthersperetbtaactikonreqoufitrheempernotsviwsihoenns Facklers' landisnotsimilarlootlerproperties,sospceocmiamlcoirncluymesntjaonyceedsbpyreovthaeilr.propertiesinthesameareat notgrant3ltig)Dhoilntheavsapreiacniaclecwircouuilndstdaenpcreivserehsimultoffrowmhaatdoiotlne,srshave,althoughitwoAuf,sld.Cbaeraavnaninacdoindvneontiethnicnek. ofll,e applicant?Thebusinesshasexpanded

as far as it can without a variance.

to other4$in)Wthoeualdregari?ntGinrganttliinegvtair,iatcecorf,er o(applicantaly, undue privilegedeniedbytlils ordinance e vallance probablywould confer undueprivilegesbecause there isno

ocher business out tliere.

residgi„o5r)wwooruklidnggrinantthinegatrel,aeTvakriawnocueldadverselyaffecthenttlis,afetyandgeze,ralwelfareofolle,rpersons ofthebusiness. Ageneralcleanu-pappliecsertotatinhlisycafrfietectriootnh.eArplseoo,ple,butitwould tidy upmeappearance that there isan abundanceofevidence thatno otherway toexpandMhisrwFaacrekhleorunseeedasndtosactoisnfvyinthceethegroup wexaisrittsedwiathssinurta!teic,ceos d1(e1,i.eI*,e .a(l,n,ouLsse-w!a,poeudldbureilmdaining.aMrers.Kidreonnceew,raantlteerdtahnanenregvineretienrgs'pointofview.Mrn.eBieglhlmboarns 1 f o u r.etireelhteo1lu,s-9e4,typfeeolHfela*n,d*es9ca0-p*in*gtoeb*lei.inMst"ra.llBedelaI[nnadnm1ao!inu,tgaliitnaedw,rittencommitmetontcdoemsmcreibricniagl.uusrep l4a n 5s** tMo ra.dFdacpkllaenrsfeflotrhaedhdardeaslsreinadgye ,i)pgroib,voidresd'cohniscerarnlisonaaboleu,theincarcecaespeteddanthdismaasisnitganimnienngthesourto n e'ew.anAtlethdouhgimh NewarkG- ranville Road. MOTION FAILED FOR LA u

MS.CARAVANA MO AND 1 NO ( Mr. Meteer).

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riveway to the residence on I COND.

0 TABLE THE APPLICATION. VOTE PASSED SY A VOTE OF 3 AYES

tfu ve·l€V410 t l t\ Sc«, R,tdiot 4, A-"«4 , /. ,-,-0 J .-a ranger crri#r'k*. refS, { ':F 0 9/ Susan Ddutl.td Kent Ni1; 9i,r;i};j6 -3 Atfil(t*-

lieirhomTIe,e,wohwicnhersneweidssh to remove existing screet,porch and construct an L-shaped addition to theback of receivedarchitecturalappraovvaarliafrtoicmetohfe1G6'P"Cfr.oTinltetlyiehanvoertahttseidmepsteedtbackrequirementof 10'.Thishas already aspossible. ThespecialcircumstanceIsthalthehouseilselfalreadytsoitbsewaisthcionntshisete1n0tw'reitqhutihreemoreigninta,anldhouse ntheeedremmoorveaslpoafcleilefoprothrechla,tuhnedaryddroitoiomnawnodubldatbhero6om"fatrhtheeyrefnrovmisitohne,alontdlitnheepthlaunmtbhiengporchwas. Theowwneitrhs arth2!s-IMr..FBer]nImauaititpoil inet*hd'-etid,Jocrnitoetriwaant tosacrificeanydrivewayspaceortruncatoenthlyearllooowfsfineex.pansion 1)Are there special circu to the ap 1)- ' . peculiar to the land or structure which are not agEc#able to

Ier houses 1,2 th

Other houses 2)would a' t e;ral intefpretatiot)of tlie provisions of t!e,zoning ordinatice deprive applicant of

VG rightscoin,o¥n,lyenjoyedbyoilierpropertie$intikesamearear Olle,rhornesin theareahavefamilyrooms.

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0214 604-M_R 1.0*73

rhe bogie requires more square feet,and <lils is the only practical way to do it.

3)Do the sl,ecial circumslances result from actions of the applicant?The owners did not build the

homf|Term. erer*we8i6ncr*ea-se1- m*r,SIYace lo aaner1€0-r-rnoree- or1tempefefr4eife** r-- 4) Would grantitig tlie varialice confer to applicant any undue privilege denied b ce

lo others in the areaT Olliers in the area erijoy tile same privileges Oiduk and Maynard wan ndwould

be aesthetically pleasing. VOL *i441*

5)Would granting the variance adversely affect health,safety and general welfare of ot e

residing or working in the area? No. The plans have been well thought out and will. blend with the

neighborhood.and it would appear to be an enhancement.

MR.BELLMAN MOVED TO APPROVE THE APPLICATION;MR.METEER SECONDED,AND IT WAS

UNANIMOUSLY APPROVED.

Bryan and Christine G. law, 346 East College Streer

Tlie Laws wish to expand tlie current carporl from 12'to 18'or,d build a 12'x12'storage garage in

the back of ilie carport. The cart,ort will need a variance of 9'6"from the side yard setback and the storage

garage will require a varia,ce of 7'from tile side yard requirement.A dead tree would have to be removed.

Tlie immediate neighbors to tlie west, Mr. Kessler and Ms. DeZwarte. are in favor the the application;

however,they believe U,e driveway should not be widened ail the way to the street,only next to the carport

entrance in order to preserve the shrubs. They also wish for the Laws to put lattice work and plants on the

side of tlie carport to lessell tlie impact of two cars being parked very close to tlieir properly,and Mr. Law

stated tliat he would mainlain che [andscapilig and install a lattice. He stated that he has no outdoor storage

and additional garagec/arport space wi 11 help protect his cars and keep the second one off the street. A twocar

garage requires a 16'door,and l,e ca,not decrease tile space between the cars because of a supporting

post il, tlie middle.

Corisiderable discussion ensued about lile practicalitiesof this application. Ms.Caravana did not think

that every lot In the village can have a two-car garage. Even though KessleDr/elwarte are not opposed,she

wanted to take a lons view,and this approval for a 6 variance would affect rheir property. By denying this

applicatio,i, BZBA would not deny whal oc!ers in the neighborhood have,and she would prefer a storage

somewliere else on the property. Mr.Bellman added that owners should be able to add on to their homes

but there are limits on the Law properly 50 close to tile lot line,atid he did not think the application met the

crileria. Mr. Law said there is a close neighbor with a new two-car garage. Ms. Caravana suggested an

enclosed one-and-a-half car garage,but Mr.Law would not want todo that. Mr.Meteer would have problems

willi a closed garage,not.an open carport. A closed garase would need more than 6'setback.

MR. KRONE MOVED TO APPROVE THE APPLICATION CONDITIONALLY UPON ITS BEING

LIMITED TO THE EXISTING 3'SIDE YARD REQUIREMENT,AND IT 51·IALL ALWAYS REMAIN AN OPEN

TYPE GARAGE,AND THE DRIVEWAY SI-A[ ll NOT BE WIDER THAN THE EXISTING DRIVEWAY. TIME

EXISTING 51-IRUBS ON KESSLERD/EZWARFE PROPERTYWILL REMAIN IN PLACE AND MAINTAINED. MR.

METEER SECONDED TI-IE MOTION. 1-le applied the criteria to (he application:

1) Are there special circus,l„a,ices peculiar to the land or structure which are not applicable to

otl,er 1,ouses in tlie areal livis is a corner lot willi limited space because the house is so big and placed on

lie center of the lot. It is debatable wl,ettier there are a majority of (wo-car garages in tlie neigliborhood,so tl,is issue was mool.

2)Would a litcral inleri)relatiot, of [I,e provisions of the zoriir,g ordinance deprive applicant of

riglits com,„only enjoyed by other properties in ti,e same area?Agait,s,ome oilter homes il,the area have

stornge rooms atid twc>ca. r carporls in violatioll of the ordinance.

3)Do tlie special circutristances resc,lt fron,actions of ihe aliplicat1,( The house was built at an

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PORTER,WRIGHT,

MORRIS &ARTHUR

Attorneys & Counselors at Law

41 South High Street

Columbus. Ohio 43215-3406

Main Telephone #6:1 4( )227-2000

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earlier date with insufficient storage space, and tlie zoning code was being modified at the time he bought the

liouse.

4) Would granting the variance confer to applicant any undue privilege denied by this ordinance

lo others in the areal Others have not been denied similar privileges in the area.

5)Would granting the variance adversely affect health,safety and general welfare of other persons

residing or working in the areal No. The appearance of two cars in a small spot might not be as aesthetically

pleasing, but most families now have two cars and need room to park them. We are deciding on the greater

weight in regard to tlie facts. Mr. Krone added that it's hard to apply new criteria to 60-year-old houses and

we want to follow tile spirit of tlie ordinance while not depriving the owner of enjoying and improving his

properly.

TI-IE MOTION PASSED BY A VOTE OF 3 AYES AND 1 NO (Mr. Bellman).

Brian Rapp, 679 Burg Street

Mr. Rapp wishes to construct a 22'x24'detached garage with loft, requiring a variance of 5' from the

side yard setback requirement of· 14' in SRD. Special circumstances exist precluding his building anywhere

else because of the peculiar location of tlie liouse on the lot and because of the hill and because he does not

want to put the garage in front of tlie house or on top of tlie leechbed. The nearest house is quite far away

froin the proposed garage location.

Ms. Caravana addressed the criteria:

1) Are tliere special circumstatices peculiar to tlie land or structure wlilch are not applicable to

other houses iii the area? This is a small house willi limited space to add on because of the special

topographical circulnstances and location of tlie house on the lot.

2) Would a literal interpretation of the provisions of tlie zoning ordinance deprive applicant of

rights commoily enjoyed by otlier properties iii tlie sanie areal While there are no other nearby homes in

similar situatiotis, no particular harm would ensue to approve the variance.

3) Do the special circumstances result from actions of the applicant?The house was bought without

a garage,and he feels entitled to one. The unique lot circumstances were there when he bought the property.

4) Would granting tlie variance confer to applicant any undue privilege denied by this ordinance

to others iii the areal Others have not been denied similar privileges in the area.

5)Would granting the variance adversely affect health,safety and general welfare of other persons

residing or working in the areal The house is well screened and should not affect any neighbors. In fact,

retaining several trees enhances the general welfare.

MS. CARAVANA MOVED 10 APPROVE THE REQUEST FOR A 7' SETBACK FOR A 22' GARAGE.

MR. BELLMAN SECONDED AND I r WAS UNANIMOUSLY APPROVED.

Adjoumme,it: 10:30 p.m.

Next Meeting, Thursday, June 23, 7.30

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