Granville Community Calendar

BZBA 05/27/94

Ok
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
A Al A.' A.
i
1
i
JUN-23-94 03: 06 FROM: PORTER WRIGHT
0 -1 9 ZJ Z PAGE 3/4
2
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).
Py, trt
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.
f6,814 -227-4482 ---
j
j
1
f
i
i
pA-d- E-4--4/ - ---
24A;w-,C-Eaf
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
1
t
i
F.LI
fi
3,&r
PORTER,WRIGHT,
MORRIS &ARTHUR
Attorneys & Counselors at Law
41 South High Street
Columbus. Ohio 43215-3406
Main Telephone #6:1 4( )227-2000
Main Facsimile Telephone #6:1 4()227-2100
FACSIMILE COVER SHEET
SENDER'S FACSIMILE RECEIVING t. ( 614)227- 4492
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR OR F YOU HAVE ANY PROBLEMS
RECEIVING THIS COMMUNICATION, PLEASE CALL THE UNDERSIGNED IMMEDIATELY. THANK YOU.
DATE:
THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL AND
SUBJECT TO ATTORNEY-CLIENT, WORK PRODUCT, OR OTHER LEGAL PRIVILEGE.
THIS COMMUNICATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR
ENTITY NAMED AS RECWENT. IF THE READER OF THIS COMMUNICATION IS NOT
THE DrrENDED RECPIENT, YOU ARE HEREBY NOTIFE[D THAT ANY DISSEMINATION,
DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED.
USER R 43 CLENT/ MATTER #:
TOTAL NUMBER OF PAGES INCLUDING COVER SHEET 9
REMARKS: #AA 1 OLe d240 5cvq4. p./fj ne-o-046444
Q 1' -14 t U n g= N .4 4 - '*-
FROM:
Daniel A. Bellman
THE ORIGINAL OF THIS DOCUMENT WILL BE SENT BY:
0 ORDINARY MAIL
0 MESSENGER
m
PHONE #:
227-2220
0 OVERNIGHT DELIVERY SERVICE
0 THIS WILL BE THE ONLY FORM OF DELIVERY
Naples.Florida · Washington,D.C.
XEMM-F 1
Cincinnati • Cleveland • Columbus • Dayton •
PLEASE DELIVER TO:
NAME:
FIRM: 436U' l t*q 1 ZoHT.EJ 1«ae7** CITY:
FACSIMILE #: CONFRMATION #:
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 Meetig„: Thuisday, June 23, 7.30 11.iii.
Respectfully submitted,
Betty Allen

Employee Payroll / Compensation

The Village has thirty-six (36) full-time employees, 16 regular part-time employees and seaonal employees. Village Personnel Policy

Go to My Pay Stub and login.