Granville Community Calendar

BZBA 08/25/94

BOARD OF ZONING AND BUILDING APPEALS
August 25, 1994
Minutes
Present: Dan Bellman, Ashlin Caravana, Lon Herman, Gilbert
Krone, Chuck Meteer
Also Present: Doug Tailford, Village Planner
Visitors: Brian Lindamood (Sentinel).Mary Bline (P. 0. Box 127),
Richard Van Winkle (8 Arcade Place, Newark),Lori Green (445
Burg),Carmen, Luis, Patricia MacLean (221 S. Pearl),Cheryl
Waller (3225 Lancaster Road),Ken Nigg (225 S. Pearl),Paul -and
Susan Burgin (100 Westgate Drive),Orville Orr (321 E. Broadway),
Anne Russell (205 S. Prospect),Ralph Hall (114 Westgate)
Minutes: July 28, 1994. Under Minutes, delete "Rather than ...
therefore. . ."Mr. Meteer moved to approve minutes, Mr. Krone
seconded, AND MINUTES WERE APPROVED AS CORRECTED.
Old Business:
John and Mary Bline, Greystone Country House, 128 South Main
s. Bline explained that she would like to build a 960 sq.
ft. two story cedar carriage house to move Greystone to the rear
facing th alleyway. They want to retain the front as a
residence d use 420 sq. ft. for an office for Bline Painting.
They would b required to have 13. 8 parking spaces and currently
have five. T e five spaces are rarely filled, and even if she
doubled the sho space, there would never be more than two cars
there. Most of r customers walk to Greystone and visit other
shops also and can ark on South Main Street. Neighbors Mr.
Williams and Mr. McK' vergin have offered space in their lots.
She reminded the group that Sensibilities has been given
permission without suff ient parking space by the Village. Mr.
Tailford indicated that e en though the parking code is not
perfect, it is enforceable.
Ms. Caravana reminded he that parking regulations run with
the property, not with the appl cant and stated that the longterm
effects had to be considere We are dealing with more than
just Greystone; we have to look in o the future and anything that
could be allowed under the code. Mr,VanWinkle said that there
is a conditional use on the residencegiven to the parsonage by
the Park National Bank some years agoM. r.\ Tailford explained
that if the current use is expanded upst&ir,s, they could get a
variance to expand. For expansion downst2' ls,rs, a variance is not
needed for commercial use.
determMirn.eKwrohneethesrtated that the criteria need tobe considered to applicant is entitled to the variance.
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1) Are there special circumstances peculiar to the land or
structure which are not applicable to other houses in the area?
Ms. Bline said that the lot is never filled and there is no space
to expand. She mentioned that the Master Plan recommends appealing
40 pedestrian traffic. Mr. Bellman stated that adding to the
busins does add special circumstances peculiar to the lot.
S) Would a literal interpretation of the provisions of the
zoning &dinance deprive applicant of rights commonly enjoyed by
other properties in the same area? Ms. Bline again mentioned the
waiving of» arking requirements for Sensibilities. Other businesses
in t4e area have insufficient parking also and suffer no
hardship. She pointed out that banks (neighbor) need fewer
spaces than Sfo,ps, which is odd because they have more customers.
Mr. Meteer saihi there is no statement in the code as far as real
estate offices ( ext door) are concerned. They are the same as
banks, etc.
Mr. VanWinkle indicated they are trying to bring the application
in harmony wfth what the village intends to do with a shop
like Greystone to ense\ that land use changes are compatible with the neighborhood and oriented to the pedestrian, rather than
contradicting this withpa\rking requirements. Ms. Caravana
stated that doubling the\ size of the business may double the need
for parking places. Mr. Afteer stated that if the application meets the criteria, the vaniance should be granted. Mr. Van
Winkle stated that the codep\tates that setbacks may be eased
under the overall purposes ofthe village district, i. e.,pedestrian
traffic, which Ms. Blinetis doing. Ms. Caravana replied
that all businesses do that. r].* Meteer stated that those
resolutions are to keep the chabacter of the village, not high
commercial buildings, which gene0ate more traffic.
3> Do the special circumstances result from actions of the
applicant? Mr. VanWinkle stated tha¢you are dealing with change
of lot useage, so this is not applicable. Ms. Bline wants to use
her land in a special way with the exfption that she does not have sufficient space for parking. Shet wants to increase residential
space by reducing the shop areain the house and give
more space to the shop to spread out.
Mr. Krone asked whether it would be pgssible to add on to
the back of the house, and Ms. Bline said e had rejected that
as too expensive and would require her to mofe out, and Mr.
Tailford added that it would be changing a structure that has a
nonconforming user-e-sidential in a commercia districts-o-if
she wants to add on, the whole building needs to conform. The
problem is the legality of it. Ms. Bline thought a carriage
house would fit better into the character of thd\village and make
the front of the house more residential looking. This would still need the same required parking area. Mr. VanWinkle thought
that the general availability of parking constitutkd "special
circumstances" not resulting from actions of applicat.
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4) Would granting the variance confer to applicant any
undue privilege denied by this ordinance to others in the area?
Other businesses have insufficient parking, but Mr. Herman stated
that increasing commercial space on South Main will increase the
probled of parking in general. Once a variance is granted in
this area, everyone will anticipate one.
5) Would granting the variance adversely affect health,
safety and general welfare of other persons residing or working
in the are'k? Mr. Krone stated that not only is parking an issue
if Ms. Blinb increases residential and commercial space, but the
future needos\b*e considered. While the Master Plan prefers pedestrian orientation, before a driver can become a pedestfian,
a parking spac must be found. Ms. Caravana added that when you
increase densityyou decrease green space and light for your
neighbors. Thisas historically been a residential street.
Mr. Bellman thought the time had come to consider tabling
the application and etting the applicant think about these
issues some more and 11ow the members to proceed with the
agenda, but others wa ted to move onward.
Mr_ McKivergin fro next door explained that he is a consultant
overseeing pavin of malls and parking flow and he did
not foresee any adverse h 1th, safety, or general welfare
effects on granting the va iance. Mr. VanWinkle did not think
other persons would be affe ted, and no neighbors have entered
complaints.
Mr. Bellman asked Ms. Bline whether doubling the size would
double the business and she thought probably it would not. She
added that even though she would\e eliminating some green space, the garden space left is planted wdth natural flowers and
pleasant surroundings. Another owAer would take the same space
and blacktop it. Lori Green statedth\ at if the shop attracts
other patrons, that can only. help Grdnville as a whole.
Mr. Tailford indicated that in cabculating parking needed,
you have to consider employees as well a customers; Ms. Bline
needs one space, her husband needs one fo his office, and Lori Green, the employee, needs one, so that omly leaves two available
for customers.
MR. METEER MOVED TO APPROVE THE VARIANGE, MR. HERMAN
SECONDED, AND THE MOTION WAS DEFEATED BY A VOTE OF 4 (Bellman,
Caravana, Herman, Krone) to 1 (Meteer). Rationale: Ms. Caravana felt that there may be some special
circumstances with this business, but she did nt*think there are special circumstances particular to the land ands \tructure not applicable to the other structures in the area. Another business
in this space might need more parking area. Mr. Meteer disagreed
and departed. Mr. Krone added that even thogh there is
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parking on South Main, that does not relate to this business. In
looking at the future, we are looking at the possibility of other
businesses bening in that area. Ms. Caravana felt approving
this would se*a dangerous precedent for others to demand parking
variances. SRe would not be opposed to using the entire building
for the shop bJ not in favor of adding a new building.
Mr. Bellman aid there are times when it is difficult to
find parking space in the alleyway, and to allow a variance
would add to the pr blem. Mr. Herman said that we would have no
control over a diffe ent shop coming in there in the future, and
it is our responsibil- ty to consider the future.
Mr. Krone had a con ern with the commercial office on the
first floor along with the residence and a new commercial
building in the rear, so the primary purpose is residential and
the secondary purpose is comm rcial. When the time comes to sell
the property, we would not be ahle to demand the 13 required
spaces. General Welfare relatesto the entire village, and
insufficient parking is felt by ev&yo*ne. Mr. Krone felt there
were other ways to get around the pblem.
Susan Burgin, Cherry Valley Animal Clinic, 100 Westgate Drive
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 painted 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.
Dr. Burgin apologized for ignorance of the code in repainting
the signs. She feels that (1) a sign on a busy highway needs
to be large and (2) a sign on Westgate is necessary for people to
find her clinic, and only one sign is visible at a time. She
feels that the special circumstances do not result from her
action because the signs were already up when she bought the
business and granting the variance will not affect any health,
safety, or general welfare. Mr. Tailford said that two signs
would be all right but one needs to be on the building.
Mr. Roger Hall spoke in favor of her petition, saying he
just painted his own sign, but that was merely painting an old
sign, not changing anything.
Ms. Caravana indicated that this is a fast-growing area and
we need to be careful of what signs are needed. She felt that
the signs could be brought into conformance since they are
necessary to attract customers, locate the clinic, and enhance
the village. Dr. Burgin felt that the two signs were needed.
Mr. Burgin added that the signs are attractive and fit the area and if we were to set a precedent, it would be a good example.
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Mr. Bellman thought the sign is attractive enough, but the
size needs to be addressed as well as precedents for future
growth in that area. Since the sign is already painted, perhaps
she could leave it there for a limited amount of time. Mr.
Burgin asked whether the big sign could be left as is and the
Westgate sign be changed since other businesses in the area have
large signs. Ms. Caravana suggested a sign on the back of the
building, but the kennels are there. Therefore, there are
special circumstances allowing another ground sign. Maybe it
could be put on or closer to the kennels, but Mr. Burgin said the
RV company next door would hurt the visibility. Mr. Krone said
that advertising is important and is a right that a sign needs to
be legible. The size of the sign on Westgate is legal under
current code, according to Mr. Tailford, but adjacent businesses
with different zonings have separate requirements. Some of the
existing signs were up when the area was annexed. Ms. Caravana
would prefer to consider different options than the ones on the
application.
MR. HERMAN MOVED TO APPROVE THE APPLICATION. THERE WAS NO
SECOND.
1) Are there special circumstances peculiar to the
land or structure which are not applicable to other houses in the
area? Dr. Burgie stated that most of the other businesses in the
area already have big signs and can just repaint theirs (or leave
them dirty),whereas she would have to scale down her signs.
Because of the kennels, she cannot easily put up a wall sign.
BZBA is trying to help her out of her predicament and still
adhere to the code. The sign was already there beforehand.
Other options have not been discussed tonight, such as a V-type
sign, lowering the sign, or repainting a smaller sign.
Mr. Tailford suggested tabling the application so that
applicant can consider these suggestions and so that BZAB can
discuss this more. APPLICATION WAS TABLED FOR FURTHER
DISCUSSION.
Carmen MacLean, 221 South Pearl
Ms. MacLean wishes to construct a new porch on the back of
her house that will need variances from sideyard setback require- ments. The porch will be less than 10- from both setback lines.
Members had no problem and no neighbors objected. All the criteria
were met because many houses in the neighborhood violate
setback lines and do not affect each other.
1) Are there special circumstances peculiar to the land structure which or are not applicable to other houses in the area? The lot size and existing buildings on lot already exceed zoning requirements. In the past similar applications have been granted.
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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?The same rationale applies
here as in (1) and would deprive applicant of the right to enjoy
her own property.
3) Do the special circumstances result from actions of the
applicant? Applicant bought the property as presently sited.
4) Would granting the variance confer to applicant any
undue privilege denied by this ordinance to others in the area?
On the contrary, this would bring applicant to a situation Qthers
already enjoy.
5) Would granting the variance adversely affect health,
safety and general welfare of other persons residing or working
in the area? The alley is a buffer, and proposal would be an
architectural improvement.
Mr. Bellman moved to approve, Mr. Krone seconded, AND MOTION
WAS UNANIMOUSLY APPROVED.
Audrey and Orville Orr, Buxton Inn, 313 East Broadway
The Orrs wish to place a new vertical walk-in cooler within
the required setback, directly on the SW lot line, which will
match siding and have a trellis. They need such a large cooler
to keep things clean and stored properly, and this is the only
available space. Although it is big and very close to the line,
the Orrs are the next door neighbors and are not concerned about
property value in this case. The Inn owned the whole block
originally, and Mr. Orr said his goal is to buy it back once
again. Any new owner would have to buy everything. He is taking
the risk that a new owner would react negatively to the cooler.
Mr. Krone moved to approve the application, Mr. Herman
seconded, AND IT WAS UNANIMOUSLY APPROVED.
1) Are there special circumstances peculiar to the land or
structure which are not applicable to other houses in the area?
The circumstances result from a structure being erected within a
complex of applicant-owned properties. There is no other
practical place to put a cooler.
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? Though the Inn is in a
unique position in the area, the entire block is owned by the applicant.
3) Do the special circumstances result from actions of the applicant? The special circumstances result from lack of better place for the a cooler and insofar as the owner would like to improve storage for his restaurant.
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4) Would granting the variance confer to applicant any
undue privilege denied by this ordinance to others in the area?
This condition does not apply here.
5) Would granting the variance adversely affect health,
safety and general welfare of other persons residing or working
in the area? A restauranteur must keep the property in a safe
and healthy condition.
Adjournment: 10: 10 p. m.
Next Meeting: September 22, 7 p. m.
Respectfully submitted,
Betty Allen
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