BOARD OF ZONING AND BUILDING APPEALS
August 24, 1995
Present: Dan Bellman, Ashlin Caravana, Gilbert Krone, Eric Stewart
Members Absent: Lon Herman
Also Present: Doug Tailford, Village Planner
Visitors: James and Lisa Salerno, 431 Burg Street
Minutes: July 13. 1995: All figures on traffic were based upon
trip generation February, 1995, updated to the fifth edition.
Grammatical and typographical errors will be corrected by Carrie
Miller and minutes redistributed. Mr. Krone moved to approve
minutes as amended; Mr. Stewart seconded, AND MINUTES WERE
Mr. Bellman asked what constituted the record, and members
agreed that the minutes are the record. Transcriptions recorded
by applicants are not available to us. We would have to buy the
recorded notes if it becomes necessary. Mr. Krone strongly recommended
that if Marathon does come in with specific grounds for
appeal, including, references in the transcript, we should request
that the relevant transcript be given to us. If there is enough
time, BZBA will prepare a written response for Village Council.
Mr. Tailford assured the group he would have it available.
lull_2119-95 : Mr. Stansbury moved to approve the minutes
as amended by members before minutes were reproduced. Mr.
lpS/tewa'rt seconded, and MINUTES WERE UNANIMOUSLY APPROVED.
Citizens Comments: None
New Business: James and Lisa Salerno, 431 Burg Street
The Salernos wish to contruct a two-car garage with flat roof and deck with rail at the side of their house, 4'8" from the side lot line, requiring a variance of 7-2".There is an existing
foundation for an old one-car garage located within the
setback area; the new garage would extend 2' larger. Because of
the topography of the back yard, this is the only location where
a two-car garage can be added to the property. They are planning
the driveway so that the big tree may be preserved, and Mr. Salerno indicated that a new retaining wall will not be necessary. The siding and color will match the house.
Mr. Salerno had provided such thorough and complete ration- ale for seeking the variance that BZBA members agreed to let the rationale for consideration of the application. See attached notes, No. 2, Sections A through E.}
The house next door is very close, and actually the presence of a
garage would provide added privacy to both homes. No objections
to the application have been received.
MR. KRONE MOVED TO APPROVE APPLICATION AS PRESENTED
WITHOUT MODIFICATION BASED ON THE FACTS PRESENTED IN
THE APPLICATION. (Also, the village is in need of
parking spaces, so the more cars we can get off the
road, the better.) MR. BELLMAN SECONDED, AND MOTION
WAS UNANIMOUSLY APPROVED.
Adjournment: 7: 45 p. m.
Next Meeting: September 28, 1995
Variance Application: James A. & Lisa N. Salerno, 431 Burg St.,Granville
1. The property located in Licking County, Ohio, situated in the
Village of Granville and bounded and described as follows:
Lying and being in Range No. 13, Township No. 2 and Section
No. 3 and being a part of a five acre tract formerly owned
by Daniel Shepardson and more particularly described as
Beginning at the northeast corner of a parcel of land
called Lot No. 1, formerly conveyed by Daniel Shepardson
to W.W. Daniel and Elsie I Daniel, said corner being
on the west line of Burg Street; thence from said
northeast corner South 64 Degrees West 115 feet; thence
North 37 Degrees West 67.4 feet; thence North 64 Degrees
East 115 feet to the west line of Burg Street; thence
South 37 Degrees East 67. 4 feet along the west line of
Burg Street to the place of beginning, the above described
parcel being a part of Lot No. 2 of Town Acres estimated
to contain 30 square rods of land.
2. The following is a response to each of the criteria for
approval used in reviewing this variance application:
A) The special condition that exists which is peculiar
to our land is that the lay of the land on our property
prevents the placement of a garage anywhere except to
the east side of the house. This is due to the house
being on a hillside lot that drops sharply behind the
house after a retaining wall (please see elevation
drawings for specific measurements).
B) The literal interpretation of the provisions of this
Zoning Ordinance would deprive us of having the protection
of a garage for our automobiles when many others in the
community currently have garages built either on their
property line or within the set-back distance, perhaps
also due to property peculiarities. A partial list of
such properties in our same zoning area enjoying the
benefits of having a garage include:
404-426-440-448-452-456 and 504 W. Broadway
121 N. Plum St.
439 W. College St.
413 (carport) and 419 Burg St.
C) The building of a garage at the specified location
is not due to speical conditions or circumstances
resulting from any action on our part. Rather, it is
due to the natural topography of our lot. 1
Salerno/431 Burg St.
D) The granting of this variance would not confer any
undue privilege that would be denied by this Ordinance
to other lands or structures in the same zoning district
which also had special conditions peculiar to their land
which would warrant the granting of a variance.
E) The granting of a variance in this situation would
not adversely affect the health, safety and general
welfare of the persons residing or working within the
vicinity of the proposed variance. The garage would
be built to the rear of the house on the adjoining
property, allowing a firefighters to have access to their
home. Having a flat and dry spot to park our automobiles
would actually contribute to safety as we currently park
on an incline which, when icy, could possibly allow our
automobile(s) to slide and cause an accident.
3. Attached please find the requested eight copies of the
plot plan with the requested notations.
4. On the reverse side of the application please find the
names and addresses of property owners within 200 feet
of the indicated property.
5. Additional information has thus far not been requested;
but shall be forthcoming if it should be needed for
6. The application fee has been enclosed.