Granville Community Calendar

BZBA Minutes 10/26/1995

BOARD OF ZONING AND BUILDING APPEALS

October 26, 1995

Minutes

Present: Dan Bellman, Lon Herman, Gilbert Krone, Eric Stewart

Members Absent: Ashlin Faravana

Also Present:

Visitors: 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

APPROVED.

Citizens Comments: None

New Business:

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.

units.

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 quiet.

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 CRITERIA 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) of the 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 family 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 cooling placed this

outside unit in the location indicated with the belief that the location was within the side

yard setback allowance. This belief was 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 refrigerant lines could physically run to the

central system in the basement. There is no other available location

A literal interpretation of the Zoning Ordinance would deprive

applicants of rights commonly enjoyed. 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 conditioning.

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 adversely affect the health, safety, and general welfare of the persons residing or working in the vicinity of the proposed variance.

Applicants do not believe there will be any adverse effects. This 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.

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