BOARD OF ZONING AND BUILDING APPEALS
August 22, 1996
Present: Ashlin Caravana, Don Contini, Bob Essman, Eric Stewart
Members Absent: Lon Herman
8-L*: jT*f"-*0% Also Present: IRyE¢Nr-e-l-·i,kisid, Village Planner
Visitors: Scott Rawden (Sentinel),Reza Reyazi (incoming Village
Planner) and about 25 names on attached sheets.
Minutes: July 25, 1996: BZBA members had enough corrections and
addition:s to warrant a revised copy, and it is attached: Thanks
to Sandy Ellinger for substituting at the meeting.
Citizens Comments: None
Jonathan Bridge, 516 West Broadway
The Bridges wish to construct a room addition to the rear of
the house within the setback requirement. Mr. Bridge stated that
the house was built in 1907, at which time there were obviously
no setback requirements. A one foot variance is required on one side and a five foot variance on the other side. The next door
neighbor is supportive of this request.
Ms. Caravana asked about the air conditioner, and Mr. Bridge
stated that it is within a 3' strip of shrubbery on the east side and will not be visible from the street.
Mr. Downs, Contractor, said that the Bridges are requesting
a one-story addition with cathedral ceiling. The deck is immediately
behind the house and will keep the same lines as the house, incorporating the existing tree. He said that the Bridges prefer
to wait until the addition is developed and see what they have to work with before making further plans.
MS. CARAVANA APPLIED THE CIRCUMSTANCES TO CRITERIA FOR VARIANCE:
a) That special circumstances or conditions exist which
are peculiar to the land or structure(s) involved and which are dnoist tarpicptli.cable to other lands or structures in the same zoning The house was built when there were no setback re- strictions. The addition will not extend into the side yard any mhoouresea. nd in fact will be set in farther than the sides of the
b) That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicants of rights commonly enjoyed by other properties in the same zoning district under the
provisions of this Ordinance. In the past we have allowed other
people in the neighborhood similar leeway, so a literal interpretation
would deprive the Bridges of enjoying a similar right.
C) That the special conditions and circumstances do not
result from the actions of the applicant.
The Bridges purchased the house as it was and did not cause any
special conditions or circumstances.
d) That the grant of the variance will not confer on the
applicant any undue privilege that is denied by this Ordinance to
other lands or structures in the same zoning district.
No undue privileges are granted, as others in the same district
have similar variances.
e) That the granting of the variance will in no other
manner adversely affect the health, safety and general welfare of
the persons residing or working within the vicinity of the
proposed variance. No adverse effects are noted, and the neighbors
are supportive of the request.
MR. CONTINI MOVED TO APPROVE APPLICATION FOR VARIANCE; MR.
ESSMAN SECONDED, AND IT WAS UNANIMOUSLY APPROVED.
McDonald' s, South Galway at Cherry Valley Road
Don and Laurie Kissack propose to construct a 3045 sq. ft
restaurant with drive-through and a two-story, 1400 PlayPlace, which would require ( sq. ft. 1) a conditional use for the
restaurant in SBD and (2) a variance from the parking require- ments for a restaurant.
The Kissacks explained that they are ownero/perators and residents of the area and have been looking for a suitable location for a McDonald' s for several years. They believe in
McDonalds as a community concept and have proven themselves in other McDonalds' locations and want to set the standard for what Granville people want a restaurant to look like. Mr. Kissack
provided rationale for (1) a CONDITIONAL USE for the proposed restaurant:
Setbacks are within the code. Parking is to the rear and side; a berm will be added to screen the parking. There will be zoning islands every 12 spaces. Landscaping by John Klauder will be around the building and suitably high. Lot coverage is 65 per cent. Bike access will be provided along South Galway, and bike parking will be available. Outdoor lighting will be addressed later. They are considering the same uniform lighting system that Granville is now looking at; it' s important that everything at the intersection flow together. Building height is 26' 10".Building materials are red brick with white, and roof
structures will be screened. Signs meet requirements of the sign
code so far. They have deleted some of the arches. The monument
sign is 35 sq. ft, a red brick arch without lettering. Traffic
and Parking and Walkways: Their traffic study shows there would
be no change in levels of service for the Cherry Valley/ Galway
intersection from those in the ITE Trip Generation Report. Extra
road improvements will not be needed. Walkways and sidewalks
will be provided. Appearance: It will not look like a standard
McDonalds. They have angles and gables. On the building itself
they have a double door to be more symmetric and added a window
for symmetry with bars in the doors. There will be smokey glass
windows to hide the PlayPlace. It is almost the same color as
the Cherry Valley Lodge. PlayPlace: The unique character of
Granville focuses on children, so the play place will be an
advantage to the village. Site Plan shows one-way in and oneway
out with building in the center. Tax base: McDonalds will
add to Granville' s tax base.
2) Rationale for VARIANCE OF PARKING SPACES was provided by Mr. Kissack:
The site is large enough to provide the required parking
spaces (89),but they believe that 65 spaces are adequate and prefer to turn the parking spaces into additional landscaping. If the PlayPlace is classified as recreational, the parking requirements would be 63. Because a lot of child visitors do not
drive, there is less need for maximum parking. You do not want
more blacktop, and 63 is what they are requesting.
Ms. Caravana stated that since tables and chairs are in the
PlayPlace, that should be figured into the requirement for parking spaces. Mr. Risska stated that and seating the 1400 sq. ft. play area for about 35 is for caregivers for the children. This would be ca. 40 sq. ft. which would require five parking spaces one per 50 sq. ft.)M.s. Caravana indicated that Wendy' s is often full, making traffic congestion. Mr. Risska felt that
extra customers would go to McDonald' s.
from Mr. Hickman stated, that information has not come back yet the traffic engineer. Traffic and parking would be ad- dressed during a lot split and site development plan. Ms. Mre-_hCthaavareatvat2hn4aa-ht aoisunkrfeodsrtmuadbaioteiuostnatrbeaecf-anf-u-icsoe fteiig-tfuy*rehsedlpurfiungl 5p-e*1€aMk rp. eWrioilcdosx, dsitdatinnogt would attract visitors at other tiwmaessntohtanrepleevaaknt. The PlayPlace He thought about 45 periods, he said. they would have been per cent of trips are pass-by drivers, and tion was McDonald' on the street already whether their destina- just how much trafsficor not, but Ms. Caravana wanted to determine McDonald' s would generate. More traffic
means more noise, pollution, and congestion.
Mr. Kissack stated that between 12 noon and 1 p. m. 110 cars
5 32 030
visit his other McDonald's-58-drive-through and 52 parking.
Between 6 and 7 p.m. there are cars6-3: drive-through and 30
parking. Average per day is 1200 transactions. Mr. Wilcox said
that consultants out of Chicago provided estimated figures from
other PlayPlaces and he did not know whether' seating was included
in the play areas. Traffic, he said, is based on studies at
other PlayPlaces and based on restaurant size, and he did not
know whether that was included in the square footage. Ms.
Caravana asked how the figures were arrived at, showing that 30%
of their traffic coming north, 15%south, and 55%from Galway.
Mr. Wilcox based the figures on McDonalds' studies. Ms. Caravana
asked why his traffic study did not look at the Rt. 16/Cherry
Valley intersection, but only the newly created intersection.
Mr. Wilcox stated that if the city asked them for this, they
would have provided it. Ms. Caravana described the stacking of
carsas„ excessive already. Mr. Wilcox said that McDonald' s is
ir*ef-lding tp take traffic into the site.
CY4 &4 a*U dreL-v 9&4
In answer to a question as to why they changed their original
plan from the south side of Rt. 16 to the north,CMh Kissack 4J said it was to alleviate any traffic problem and to make it
easier for children to access. Mr. Risska asked whether the city would be improving the intersection, and Mr. Hickman said that
nothing is planned at present.
Ms. Caravana indicated that Granville Planning Commission
had concerns about the driveway to McDonald' s being so Close to the road.
Kirk Combe offered three reasons why McDonald' s should not build: 1) It is not compatible with the Erinwood development; the SBD described small shops "just around the corner, "not fast- food restaurants, motels, and gas stations. Property values will suffer. 2) This will be a burden on services, will not be a boon to the community, will require improvement of the roads, and will not provide much of a tax base partly because of declining property values. (3) The proposed restaurant is a traffic hazard to children and the neighborhood; over thirty children already live in the Village Green. McDonald' s, he stated, has not proven there will not be a hazard. It will be a nuisance to our quality of life. He thought that with more transient people there would be more traffic fatalities and child abduction.
Lance Senn preferred the proposed location to one across the highway because it is dangerous for truckers to park on Rt. 16. Ms. Caravana said that truckers cannot get into Wendy' s.
Debbie Farrar, President of Granville Athletic Boosters, wsahiidleBpZBroAt'escjtoinbgis to protect Granville and keep its character growth. The Kissacks, who live in Granville,
should be allowed to do business as they wish because they will
give food and services back to the community. She stated that
the Master Plan calls for this. She said that the area was zoned
commercial when neighbors bought their property.
Bill Wilson, spokesman for residents at Erinwood, presented
a petition with 58 signatures representing 44 households, stating
that the undersigned request that BZBA deny a conditional use to
McDonald' s. Such a proposed use will interfere with the quality
of life for residents and constitute a traffic hazard. He said
that when they bought their property, they were told that Mc-
Donald' s would request land across from Rt. 16
Bobbie Falquet felt compelled to speak on behalf of the
Kissacks, who have been very involved in the community; what
makes Granville special is the people who live here. She felt
that McDonald' s would make Granville a better place to live.
Ed Shepard added that the Kissacks have contributed much to
the community at large. Granville is growing to the east and
McDonald' s would provide a segue for development. Their plan is
compatible even with the traffic problem. It is a challenge that
can be solved.
Ron Lessko, Executive of L. C. Center for the Visually
Impaired, has known the Kissacks for 7 years and they have always
been helpful to the visually impaired.
Brenda Boyle said that the issue has become a moral as well as a commercial issue. She does not doubt that the Kissacks are upstanding citizens, but instead we need to think about how this property is zoned and what the developer has said C) to buyers. _ -f-1/ StdtoitIirl0hteILIh81iSRis: aZ=CsttrtheoTrrsias. We 05 hcoowntirtibuwteildl itmoptahcet tchoamtmpunairtyt bouf tGwrhaantvtihllee. raSmheificisations are and 0 very concerned
about the safety of the children; it' s bad out there now.
Mary Kay Roberts has lived across the street for 40 years and was concerned about the smell. It smells like grease now, and she is about ready to sell her property.
Carl Wilkenfeld added his comments: 1) There is nothing personal about this issue. He applauds citizens of the east end expressing themselves. (2) Wendy' s went in before the Comprehen- sive Master Plan and serves as a warning. When asked about fast food restaurants during development of the CMP, 800-900 people said No; 780 people signed the recent moratorium. 3) Every bcuosnindeitsiosnathlat wants to build at this intersection has filed for a use. We should be looking at the overall picture. 4) As far as increasing the tax base, a fast-food brings in very little compared to Owens Corning, DOW, and Cherry Valley Lodge.
The cost of improving the road will greatly exceed the tax
income; we are creating our own problems.
Ms. Caravana asked whether the drive-through could be
eliminated, and Joseph Harbaugh said that people in wheelchairs
depend on drive-throughs.
Ms. Caravana still had concerns about traffic. She wanted a
report from the traffic engineer and wants to ask him a few
questions about the close proximity between Cherry Valley Road
and the entrance drive, the distance between pick-up window and
the exit-is- it adequate when traffic is heavy; she would like bil
,4*She said that the traffic study did not take into consideration A J,J6-PKinformation
about the impact of a combined exit and entrance.
Fackler' s and the Country Hearth Motel.A All these businesses
generate traffic and that' s why they are conditional uses.
Fackler' s had to eliminate their drive-through. There are areas
in town which would not require a conditional use for McDonald' s. She would prefer the road remain two lanes. She would also like
to look at the unofficial traffic study and the petitiontl'i3,+ n .. .
BZBA members could not see their way clear to approving
application tonight. Ms. Caravana wanted more information on
traffic. Mr. Contini stated that the Master Plan did not address
large fast-food restaurants, and he could not in good faith vote _j«?C*[
lA) for McDonald' s despite good reports of the Kissacks. ManBy/pre
have spoken to him on the street do not want a McDonald' s.t The
design of the building is great, he said. He felt he could not vote for McDonald' s when he voted against Fackler' s, who claim only 10-15%drive-through traffic. Mr. Stewart agreed with Ms. Caravana.
Mr. Risska said that for every home sold, two cars are asdtrdeeed,t. and most of McDonald' s business comes from people on the the The problem with Wendy' s is that the drive-through is in wrong place. n
ja)l_ e6. 115. , dfdf-
ValleyMrR. oEadssmwainllaf»ed that traffic Dura@Aea-t 16a/nd Cherry Vhange drastically when the 444e*t builds a 79 acollnntercatfofri.c PlansAfor designing cul de sacs at the bridge, where tal and Heathwiwllilblome to a halt, and traffic going to the hospi- be forced onto the new connector. DBr i Rinns_
madete-nd:ght wi=U-im-paet trafff -Pt-one-a¥rse-p-e*
Mr. Risska could see that the vote would be against the application and he requested it be tabled until members could study the traffic engineering study carefully. He would like to expedite this issue and requested a special meeting on September 12. Ms. Caravana would like Mr. Samuelson to be present at the next meeting, and she would like to see a.-uiab*et-raffic count. She would like to know what the impact on theAPtersection would be.
2y- - iszek, 1>6
MS. CARAVANA MOVED TO TABLE THE APPLICATION UNTIL SEPTEMBER
12 AT 7 P. M. THE ONLY THING THAT WOULD CHANGE IS THE TRAFFIC
ENGINEER' S REPORT. MR. STEWART SECONDED, AND IT WAS UNANIMOUSLY
Adjournment: 9: 30 p. m.
BOARD OF ZONING AND BUILDING APPEALS