Granville Community Calendar

BZBA Minutes 6/23/1994

BOARD OF ZONING AND BUILDING APPEALS

June 23, 1994

Mitiutes

Prese,it: Dan Bellman, Ashlin Caravana, Lon 1-lerman Gilbert Krone,

Absent: Chuck Meteer

Also Present: Doug Tailford, Village Planner

Visitors: W.S. Klopfer (2402 Newark-Granville, Road),George Fackler (303 Paiker Street),Troy Butler (2388

Newark-Granville Road),Rachel Demis (Columbus),Fritz Rizor (9844 Burg),Jon Ulmer

Minutes: Mr. Bellman made some recommendations to the mitiutes of May 26:

Utider Fackler,Paragraph 4, line 1, "F.a.c.kler's is a permitted use under the old ordinance,and Mr.

Fackler legally may expand the warehouse under the 'use' criteria. At issue before the board was whether an

atea' variance should be granted. . . ."

Page 2 under Section (5),Line 6, "rat.he.r.than reverting lo commercial use,which was relevant

to the screening of the expansion under the 'health, safety, and general welfare' criterion. Mr. Bellman

thought. , . ."

Page 2, Section (1) under Diduk and Maynard after the question mark: " Yes, it merely extends the ,

liouse,built by previous owners. It will be built consistent with existing structures and tliere will be no further

encroachment into tlie setback."

Page 3, line 3: "The owners did not build the home.,and thus the building line was created much

earlier by previous ownersan.d.t.h.e addition would be aesthetically pleasing."

Mr. Krone moved to approve minutes as corrected, Mr. 1- lerman seconded, and the motion was

UNANIMOUSLY APPROVED.

Citizen Com,Fients: Notie

Old Business

Geoige Fackler, 2362 Newark-Granville Road

Application tabled from last meeting.}Mr. Fackler is requesting a variance from the required setback

in order to add to the existing warehouse. A setback of 60' is required when abutting a residential property;

he would need a variance of 39'.1-leight of the additioti will be 16'.The application has Granville Planning

Comnlissioti approval contitigent on BZBA approval of variatice.

Troy Butler expressed concern witli the Warehouse dominating the view from his house; he felt it

would be better if set back to the required setback. Mr. 1-lerman asked whether an enlarged warehouse might

provide space for equipment presently kept outside, and Mr. Butler felt that it might but that it also might

create more business and traffic. Eveii a warehouse as big as proposed could not contain all the vehicles

outside. Ms. Caravana asked how Mr. Butler would feel about a large new warehouse built on the property

and reniinded him that Fackler's could, withiti tlie zoni,ig ordinance, still expand quite a bit. Mr. Butler said

he had not considered this. Neighbors were also concerned about aestlietics in general and possible property

devaluation. Mr. Krone reminded Mr. Butler that if the expansion took place to the north in an L-shaped

building, he would not need a variatice and public iliput would not be possible.

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Mr. Fackler brought to the nieeting requested at last meeting: i.e.,1 () an engineer's viewpoint of

possible alternative plans, 2()assurances tliat the house will remain a residence,3 ()future plans for the house,

4) type of landscaping to be done, 4()plans for maintaining the south side of the property, and addressing

neighbors' concerns about iticreased use of tlie driveway to the residence on the east. (1) 1-le brought iii some

revised drawings of his proposed 24'x96' addition, assuring the group that he had his neighbors' concerns in

mind. Ile explained the drawbacks of expanding anywhere else, i.e.,increasing height of the roof. ( 2)He

promised no increased traffic tior parking problems and worked out his plans in order to maintain safe

operation of trucks as far away from where children play as possible. Lengthy discussion took place over the

abovementioned issues and possible alternatives. Mr. Fackler was unable to predict what might happen to

the property in the future and hesitated to make proinises lie might not be able to keep.

3) If the house is torn down or nioved, immediately a screen will be installed as a buffer of natural

landscaping, evergreens and deciduous trees. If the fence deteriorates, Fackler's will repair or replace it with

landscaping. Fackler's have no plans to change the house. A fence of even 8' high would not screen the

warehouse from the house, and Fackler's prefers landscaping. Mr. Fackler foresees no additional noise levels.

4) Clean-up has already beguii {applicant shows photographs} and promised to keep the area

orderly. A monitoring niechanism was discussed, aiid Mr. Fail ford assured the group that the neighbors would

keep him informed,but without a commercial maintenance code, his enforcement powers are limited. Mr.

Fackler said that if it becomes necessary to park a vehicle outside overnight, it will be moved first thing in the

moini,ig.

In answer to Mr. Fackler's questioti about what could be stored back there,the group was divided.

Leaving ati avenue for fire vehicles was foremost, and precluding unsighuy views from the neighbors was

impottant. A felice would hide most of the area. An area 5' high and 5'out from the building was discussed.

The exhaustive concerns now boiled down to four: ( 1) the spacein fro,it of the business, ( 2)the area

between the residence and the business, ( 3)keeping the place clean in cooperation with the Zoping Inspector,

and limiting the quantity of junk and allowing a neat storage pile 5' high, and (4) replacing the fence or

landscapitig to be agreed upon with Mr. Butler, and traffic limitations on the property.

Mr. Bellman began sorting the above conditions into a formal motion, with Mr. Herman seconding,

and tlien the criteria could be addressed.

1. Visual Barrier o,1 North Side

The property owner will maintain a visual barrier at the nortli side of the property, facing Newark-

Granville Road, so as to visually shield tlie warehouse from the road. This will be accomplished in one of

Iwo ways:

A. The owner will maintain the building immediately north of tlie warehouse as-a-Fesidenee- and will

maititain the current trees and other landscaping in that area or

B. If the house is removed at some point iii the future, the owner will install landscaping, including

conifers and deciduous trees,to shield the warehouse from the view of Newark-Granville Road. I f the properly

ow,ier undertakes this second option, the trees itistalled will be of sufficient landscape height (conifers 5' to

7' tall;deciduous trees at least 10'to 12' tall)and the trees should be of a variety that will hide the warehouse

within a few years.

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11. Visual Barrier on East Side d

Board members were coycerned about the impact of tlie warehouse expansion on the adjoining

property owner on the east sideAc/cordingly, the Board conditioned its approval on a visual barrier being

maintained to shield the east side owner's house froin a view of the warehouse. This will be accomplished

in one of two ways:

A. Tlie current fence and tree line betweeli tlie properties will be maintained or

B. If the fence deteriorates or the tree line is eliminated,the property owner,in coordination with the

east side owner, will either

1. Provide a new fence.a-edteHreeli-ne or

2. Install landscaping which includes 5'7-' conifers and 10'1-2' deciduous trees staggered in

a 15' wide buffer strip from the southwest corner of the east side owner's property.

The main purpose of this condition is to shield the east side owner's house from a view of the warehouse.

To accoinplish tliis, the barrier shall extend from a point beginning at the southeast corner of Fackler'spropertyI / (

extending northward to a point 35' iii front (or tiorth)of the warehouse. The Board encouraged the-PIpect¥ e

gorwonwenr btoy btheegintimtheethlaendfesnccaepidnegtedreiosrcaritbeesd. in Section 2 immediately so that the landscapingwould be fully 3, ,

Ill. Maintaining a Neat and Orderly Appearance and Reduci,ig a Fire Hazard

The perimeter of the property surrounding the warehouse shall be maintained in a neat and orderly

manner willi no debris or stored items being placed near the property line. On the south side the property

shall be maintained in this manner from the southeast corner of the property heading west to a point 20'west

of the warehouse. On the east side, the area to be maintained neatly starts at the southeast corner of the

property heading northward to a poitit 35' north of the warehouse, including the new addition. The only

exceptions to this condition areas follows:

A. Storage is allowed 01,tlie east side of the building, stacked neatly,no more than 5' from the side

of the building and no more than 5' high, as long as the visual barrier described in Condition 11 is

maintained and

B. The board is willing to consider another exception for the south side Of the building, but only if

requested by the properly owner for review at another meeting of tlie board,at which time testimony

will be taken.

IV. Nortl,east Driveway

The driveway at the northeast side of the property on Newark-Granville Road, will not be used as a

pi imary ingress or egress for commercial vehicles of Facklet's business.

Agreet,ie,it

The property owner understands that the variaiice has been granted based on these conditions and,

through his acceptance of this variance request approval, the property owner agrees that tiese conditions are enforceable by the Village of Granville.

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Criteria:

The Board then applied the criteria of the zoning ordinance to the conditions stated for approval:

1. Are there special circumstances peculiar to tlie latid or structure which are not applicable to

other houses iii the area?This is the only area zoned commercial in this area. The property was brought into

the village several years ago and was in conformance with all zoning codes when it was built.

2. Would a literal i,ilerpretation of the provisions of the zonilig ordinance deprive applica,it of rights

coli,ino,ily e„joyed by other properties in tlie saine area? Agaiti, the situation is unique and no other

businesses exist iii tlie area. Adhering to the minimum setback would deprive him of expanding his business

iii the way he deems most appropriate.

3. Do the special circumstances result from actions of the applicant? When he purchased the

propei'ty the business was smaller and could be contained within the buildings extant, but increased business

requires more storage space. Again, tlie situation is unique to the area.

4.Would granting tlie variatice confer to al,plicant ai,y ui,due privilege (lenied by tl,is ordinance to

olliers in the areal No other busitiesses exist;therefore, none have made application. All due consideration

has been granted to neighbors by botli tlie applicant and the Board.

5. Would granting the varialice adversely affect health,safety and general welfare of other persons

residing or working in the areal The board and the applicant have worked diligently to address all concerns

to not only protect the health, safety, and general welfare of neighbors but also, hopefully, to enhance the

neighborliood by a general cleati-up. The Board feels that it has worked hard to create a solution that they

think will address tlie concerns of the owner and the neighbors as well as the Board.

MR. HERMAN MOVED TO APPROVE TI-IE ABOVE CONDITIONS;MR. BELLMAN SECONDED,AND

THEY WERE UNANIMOUSLY APRROVED.

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