Granville Community Calendar

BZBA Minutes 9/22/1994

4

BOARD OF ZONING AND BUILDING APPEALS

Present:

Absent:

September 22,

Minut_en

1994

Dan Bellman, Ashlin Caravana, Gilbert Krone

Lon Herman

Also Present: Doug Tailford, Village Planner·

Visitors: Brian Lindamood (Sentinel).Heather and Ray Titley (96

Briarwood)F, red Palmer (231 W. Maple),John Jessell(?21)6 (E.

College),Susan Burgin (100 Westgate Drive),Melissa Winters (318

Summit St.)M,ichael Caravana (209 E. Elm)

Minutes: August 25, 1994. Mr. Bellman had provided a rewrite of

the Bline section of the distributed minutes, and members preferred

his version. Mr. Krone moved to approve minutes with the

Bellman substitution for the Bline section. . Mr. Bellman

seconded, and MINUTES WERE UNANIMOUSLY APPROVED. Please be sure

the substitute is stapled to the rest of the minutes.

Citizen Comments: None

Old Business:

Susan Burgin, Cherry Valley Animal -Clinic, 100 Westgate Drive

Tabled from last meeting] Dr. Burgin wishes to receive a

variance for her two existing signs on the lot, a 24 sq. ft. sign

9- high, 15' from the roadway on Westgate, and one near. Route 16,

which is 72 sq. ft.,12 high and 30- from the highway. She repainted

the signs not realizing this change means the signs are

considered new signs. She needs a variance from the area

requirements and the number of,ground signs permitted per lot.

CJ / '114/-' Dr--- » +-J =jj 1- 41 KJ

As requested, Dr. Burgin has inestigated various possibilities

of changing her signage, i. e.,putting a sign on the

back of the building, which is impossible because of the way the

< ,building is constructedIr£m*oving the sign closer to theI_Z1A*-64- A9/ 1 buildingp#hdb if they move the sign backS*c:oming from the east,

16

i >

6h\ beet€usc- W, fl-thoo-t-her s6.4*16 peep=1e: would not be able to see the

Iljwbsf sviigenw; As."far

om the west there are bushes outside which will block the

as moving the sign parallel to Route 16, drivers

9 would have· to be right next to the sign in order to read it. If

she made the sign smaller, drivers speeding by would be unable to

read the sign and it would entail considerable expense. ,The

sign is sturdily anchored in cement. Other signs in the area are

large, i.e., W"endy's" (a lit sign) and the Leader-s "Printing,"

so Dr. Burgin does not feel her request is out of character. The

sign brings in a lot of business.

51)wjk4 7-6 -04 L4/ 1*

J.r-

Mr. Bellman stated that the sign is attractive with good

materials, wooden and painted, and is an improvement over its

predecessor, but the decision to be made tonight will affect all

future requests in the area. However, this lot is not under the

same zoning as the other three corners of the intersection, Mr.

Krone added. It is CSD, light industrial; therefore, according

to the criteria for variances, it. would not set a precedent for

ane-t-hsr zoning districts

Aju,ir,-6-06/Y« Ms. Caravana applied t he criteria to the application:

1) Are there special circumstances peculiar to the land or

structure which are not applicable to other houses in the area?

The special situation arises because of the pre-existing sign, - 1,

4

which was put up beforeAzoning and4-1Llle attention nap=a-4-4to- ci,u* j,

s-Uns. The structure has a kennel precluding a sign on the back. -2-rLl

Other businesses in that area have signs on buildings. Other 0..-121

businesses can just repaint their signs (or not, with impunity).

2) Would a literal interpretation of the provisions of the

zoning ordinance deprive applicant of rights commonly enjoyed by

other properties in the same area?It would because other

businesses in the area are able to advertise their businesses

with larger letters. Her sign is an aesthetically pleasing /

design, and the color scheme blends in well. The wooden ri-U, a

construction is in line with what,Re Abe looking for, and it is /

11' *f not lit. Its location behind the fGnce is another positive

feature. These businesses were constructed in a piecemeal 444

fashion, whereas new businessesw\ ill be developed morety - * '*

with the zoning ordinances in place. Other owners enjoy the4J7-

right to advertise, but csb: elis limited because of the circum-clu-2£2: 2*

stances of how her property 15 set up, and her business would

suffer if she had to erect a smaller sign.

3) Do the special circumstances result from actions of the

applicant? No, because the circumstances were present when she

purchased the property. She did not create the circumstances.

She is not changing the location or increasing size of the sign.

4) Would granting the variance confer to applicant any

undue privilege denied by this ordinance to others in the area?

No, because they already have t+reT-- r*tr-a*dueest*e.6 / /r

5) Would granting the variance adversely affect health,

safety and general welfare of other persons residing or working

in the area? The character of the area has already been

established, and the sign in question does not hurt the aesthetic ,

appearance; in fact, it is a pleasing wooden unlit sign.£FFXs far. A A /.U- as precedence goes, one sign granted a variance is an improve- t '-v"-1' '

ment, but ten more signs riding on coattails of this approval a-yw-+

E-j

would be displeasing. On the other hand, other properties will --,· be in a different zoning district and would need their own

approvals. 7

2

J OXY-+620»=»Sh l -

3

Mr. Krone suggested putting caveats on any future building

in the area, and if a new applicant was turned down, Dr. Burgin

would have to reduce her sign, but others felt this case should

be judged on its own merits to see whether it meets the criteria.

Perhaps the neighbors could be made award of the situation they

would face in submitting an application for sign changes. errtN:-EA -

ot.hee-rs-+nEEth-i-s mig--ht make people reluct'ant to repaint their Gf0- -

signs when they become shabby. Members:rOee'd* thatprecedences * ir'

neL,=a=p**en*for future applications on the other three corners.

I- EL«« If Dr. Burgin9s6ells2thra+e--b4u s)in4«e'As-s, the variance would run 41e'N€( A

with the 5155tnessr--*

ot-z'ize:la-nd . Any new sign would need to

apply for variance. Mr. Bellman suggested placing a time limit

after which the situation will be reviewed by 68€.Dr. Burgin 8 1-3/ 4/

reminded the group that she has suffered 'considerably with this

whole application and would not wish to go through such stress

again in five years or so.

Mr. Bellman suggested to this application, the special circumstances of the animal

clinic allowing reference in the one added that technically we deny this application, but the special circumstances tend to favor applicants.

MR. KRONE MOVED TO APPROVE THE APPLICATION AS SUBMITTED, AND

MR. BELLMAN SECONDED. MOTION WAS UNANIMOUSLY APPROVED.

Ms. Caravana volunteered to submit a finding of New Business:

Fred Palmer, 231 West Maple -Fence variance

The Palmers are requesting a variance for a 48" white picket

fence which has been partially installed » nd which will match an

existing fence. The variance is requested for the picket fence r

partially installed and the proposed fence along West Maple

Street. The existing chain-link fence was installed under an old

permit issued several years ago. The added height is to protect

their dogs from intruders; the height limitation for fences in

front yards in 42".Two neighbors stopped by the office to

indicAte their approval. The property is' on a shrubbery covered

hill, and the house is down from the road, so the fence would not

block anything anyway. 1

Members

variance:

applied the criteria to the application for

1) Are there special circumstances peculiar to the land or

structure which are not applicable to other houses in the area?

The fact that the house is set back 200' from the fence and that

the fence is above the level of the house constitute special

circumstances. The house is at the border of the residential

area of town, and the fence would not interfere with any

neighbors.

2) Would a literal interpretation of the provisions of the

zoning ordinance deprive applicant of rights commonly enjoyed by

other properties in the same area? There are other picket

fences nearby, and Mr. Palmer already has a partial fence.

3) Do the special circumstances result from actions of the

applicant? The layout of the land is not a result of Mr.

Palmer' s action, and he needs a fence for his dogs. Originally

it was a pasture with a fence.

4) Would granting the variance confer to applicant any

undue privilege denied by this ordinance to others in the area?

No one has been denied a variance of picket fences in this area.

Would granting the variance adversely affect health,

safety and general welfare of other persons residing or working

in the area? These areas would not be affected. Actually, the

fence is a very attractive design, and j.(t would help keep the

dogs contained.

Mr. Krone moved to approve application; Mr. Bellman

seconded, AND IT WAS UNANIMOUSLY APPROVED.

Adjournment:

Next Meeting:

8: 00 p. m.

October 27, 7 p. m.

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