BOARD OF ZONING AND BUILDING APPEALS
October 26, 1995
Present: Dan Bellman, Lon Herman, Gilbert Krone, Eric Stewart
Members Absent: Ashlin faravana
Aleo Present: Dong Tsl,i lf#d,*Vi ilg:*f it,#*·.*
Visitors; Sentinel>,Ellen Cooper (326 N. Pearl),James &
Esther Coffee (330 North Pearl)
Minutes: August 24. 1995: Change Mr. Stansbury to Mr. Krone in
the Minutes section. Mr. Stewart moved to approve minutes as
amended; Mr. Herman seconded, AND MINUTES WERE UNANIMOUSLY
Citizens Comments: None
Ellen Cooper and Martha Cooper, 328 North Pearl
There are two Cooper families, two brothers and their families,
who jointly own the house. Ellen Cooper is the spokes
person for the family regarding building permits, and her
brother-in-law, John, is the builder. John was going to move in,
but traffic on 661 was too noisy. Following last summer' s heat
wave, they installed an air conditioner, feeling it necessary in
order to sell the house. He is from Alexandria and is unfamiliar
with Granville-s ordinances and proceeded to install the A. C.
without permission from the village for the insufficient setback.
Ellen Cooper presented tonight an additional floor plan that
shows the basement area for the renovation project and a request
for a variance for the A. C. Mr. Bellman recused himself because
he lives next door to the Coopers.}There is a hedgerow on both
the south and the north sides of the property, which hides A.C.
A letter from Luikart Heating indicates that the A. C. was placed on the north side because they felt the offset on the side
was the only possible location where refrigerant lines could be
physically run and properly connected for proper installation.
There is not sufficient clearance on the south side of the house.
Mr. Coffee questioned some of the dimensions on the application
but admitted it' s often difficult to determine exactly where the lot lines are. Although he had no problem with appearance, he thought it should adhere to the ordinance. He said the garage received a variance a long time ago. There is a spirea hedge on the lot line, more like 7 1/2' from the line rather than 8- 10" on
the application. He thought the A. C. unit could be on the deck
in the rear, and he has had no problem with noise since the unit
was installed, but he was concerned that unless it received
proper maintenance, it could grow noisy. Mrs. Coffee added that
the Bellman air conditioner has been there a long time and is
Mr. Tailford stated he can issue permits for air conditioners
placed on the rear as long as approving letters from neighbors
are on file. In this case, lacking approval from the
Coffees, a variance is required.
Mr. Krone reported that in the past the BZBA has granted
variances for A. C. units close to the lot line but we required a
screening fence; therefore, precedence exists.
MR. HERMAN MOVED TO APPROVE THE APPLICATION FOR A VARIANCE,
FOLLOWING THE CRITERIA ESTABLISHED FOR SUCH AN APPLICATION. Ms.
Cooper had provided such a careful rationale for the unit that
her explanation is provided as an attachment to these minutes.)
The property neighbor agreed that the noise level would not
interfere with his use of his property. To maintain an A. C. unit
properly is not a big problem, and Ms. Cooper promised to inform
the new owner of the necessity of proper maintenance. MR.
STEWART SECONDED THE MOTION, AND IT WAS APPROVED BY A MAJORITY
Mr. Bellman abstained).
Adjournment: 7: 35 p. m.
Next Meeting: November 30, 1995
STATEMENT CONCERNING CRHERIA FOR APPROVAL,
A zoning certificate was obtained in 1993 or 1994 for the addition of a
front porch to the home at 326 ]North Pearl Street. Substantial interior renovations have
been made on this home since the current owners purchased it in 1993. This request for
variance pertains to the placement of a 2'x 2'outside box for a central air conditioning
system approximately 8' 10"from the north property line. Due to the location and
construction of the house, this is the only feasible location for this outside unit. Under
Chapter 1147 ( c)ofthe Zoning Code,the following criteria are addressed:
a)Existence of special circumstances peculiar to the land or structure
involved. An addition to the home made many years ago already is within the 10 feet
current side yard setback requirement of section 1159.03 (c)of the Zoning Code. This
addition f(amily room)is 8' 10"from the north property line. The garage,also erected
many years ago, is even much closer to tile north property line. See drawing attached.
The 2'x 2'outside unit for the central air conditioning system will be located inside or even
with the north boundary of the house addition in the offset as shown on the attached
drawing. With the existence of the house addition, Luikart Heating C&ooling placed this
outside unit in the location indicated with the belief that the location was within the side
yard setback allowance. This beliefwas shared by John Cooper who arranged for the
installation. The basement of the dwelling is small and does not extend under the house
addition. As stated in the copy of the letter from Luikart attached,the outside unit was
placed in the only location possible where reftigerant lines could physically run to the
central system in the basement. There is no other available locationb)
A literal interpretation of the Zoning Ordinance would deprive
applicants of rights commonly enjoved. It is common and necessary for central air
conditioning systems to have the outside box unit These exist on many neighboring
homes. As stated in the attached letter from Luikart, the only location possible to place the unit was in front of the offset on the north side of the house. Without the outside unit
the home cannot have central air condilioning.
c)The special circumstances do not result from the actions of the
applicant. The home and the addition were constructed many years ago not by these applicants.
d)Grant of the variance will not confer undue privilege on applicants. Applicants seek to air condition the home at 326 North Pearl Street in the same manner as other residents with the outside box unit situated in the only location possible under the circumstances.
e)Grant of the variance will not adverselv affect the health.safetv.and general welfare ofthe persons residing or working in the vicinitv ofthe proposed variance.
Applicants do not believe there will be any adverse effects. I'llis is a new air conditioning
system and operates quietly and efficiently.
There will be no adverse impact of traffic on North Pearl Street if the
variance is approved.
BOARD OF ZONING AND BUILDING APPEALS