Granville Community Calendar

BZBA Minutes 11/21/1996

BOARD OF ZONING AND BUILDING APPEALS

November 21. 1996

Minutes

Present: Ashlin Caravana, Bob Essman, Lon Herman, Eric Stewart

Members Absent: Don Contini*

Also Present: Reza Reyazi, Village Planner

Visitors: Mary Fellabaum (320 W. Elm),Eloise DeZwarte (338 E.

College).L. Nadwodney (217 Sunrise),Katherine &Herb Smith (329

Summit),Janice Thornborough (447 W. College),unlegible (685 W.

Broadway),Brett Faris 428 E. College),Paul Stehura Faris

attorney),Mark Cassidy (332 E. College),Julie Harper (318 E.

College),Bernard Lukco (343 E. College),James Hopson

Minutes: October 24, 1996:

MR. STEWART SECONDED, AND

PREPARED.

Citizens Comments: None

New Business:

MR. ESSMAN MOVED TO APPROVE MINUTES;

THEY WERE UNANIMOUSLY APPROVED AS

Don Contini, 431 East College -Nonconforming use change

Mr. Contini wishes to change uses at this property which is alreadv a nonconforming use. He has made extensive improvements to

the house and now wants to rent studio space to an interior

decorator, Mr. Cassidy, who will live upstairs.

Mr. Contini read a letter from Bernard Lukco, which objects the application to primarily because (1) the use would perpetuate the nonconforming use and (2) plans do not meet requirements of the ordinances, which recommends phasing out of nonconforming uses. The letter states that the cost of repairs on a nonconforming use is limited to 60 per cent. and this project would exceed that amount. Mr. Lukco also objects that there is no screening for the parking lot and that a retail shop generates a lot of traffic.

The Village Planner has received six letters in support of the Contini application, including one from Brett Faris.

Mr. Contini has explained his intentions to remodel in a letter to the BZBA, which he read, describing the historic non- conforming use of the property as small business and apartment. The property is adjacent to Bennett' s Tire Center, a repair shop, and there are other businesses to the east. A studio would cause much less traffic than in the past. He bought the property with the intention of installing a business. and he has spent consid- erable funds upgrading the property and preparing for a tenant. He stated that Mr. Cassidy' s business will not be detrimental nor

upsetWahennd rMers.ignCeodntini received the Lukco letter. he was greatly from the BZBA

constitute a nuisance.- Mr. Contini will remove a 14' x15' addition

because it does not enhance the building. He would be

willing to screen the' parking area.

Mr. Cassidy stated that rather than having regular hours and

a retail shop. he will work by appointment as a desian consultant

service, mostly for accessories.

Ms. Caravana asked Mr. Cassidy about sign sizes for his

PepperBerry studio, and he said it would be within the sign ordinance.

Advertising will include the need to call for an appointment.

BZBA members wanted "by appointment only" added to his

sign. but Mr. Contini disagreed. lest in the future some other

business, for drop-by customers, might move in.

Public Comments:

LARRY NADWODNEY: The Booster shop was busy and the house

was an evesore. Mr. Contini is to be commended for what he has

done, and his improvements will be beneficial to Granville.

MARY FELLABAUM: As past president of GBPA, she would like

to commend him or anyone who brings a small business to town.

Businesses support each other. With the current application, the

whole neighborhood will be improved tremendously. She read from

a letter from GBPA, who support the continuing nonconforming of this building use and encourage more businesses. especially those

with ample parking, as this location has.

BERNARD LUKCO: His major concern is the establishment of a retail business on College Street. He has no objection to Mr.

Cassidy' s running an appointment-only business; he is concerned about setting a precedent on the street. If they expect to fill

9 parking spaces, they anticipate big business and considerable

traffic. [Mr. Contini had said that he wanted to reduce the

number of spaces.]

ELOISE DeZWARTE: She is an immediate neighbor and noted

that Mr. Contini is a very considerate and respectful neighbor:

whisill home is tastefully done, and she knows whatever he proposes be done well.

PAUL STEHURA: April Farris' s attorney. Mrs. Faris did not receive notice of tonight' s meeting because the name of record on the tax roster was the bank' s name. When she heard of it, she scaulflfeicdiehnetr attorney to object to the fact that she was not given notice. Her concern, according to Mr. Stehura, seemed ttorabfeficw.orry that the business might grow and about increased

Mr. Faris was in the room and had submitted a letter of approval of the application but retracted it at this time, stating that the upgrading of the house was OK. but the business left him uncertain. although he had no SDecific auestions. He

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thought there might be an increase in traffic. and he worried

about precedent-setting. Mr. Stehura thought Mrs. Faris would

like to table the application until she had an opportunity to

meet with Mr. Contini and Mr. Cassidy.

JANICE THORNBOROUGH; She spoke as a business reference for

Mr. Cassidy. She looked through his extensively and tastefully

recoraced house. He is a beautifier and is sensitive to Deople' s

needs. He has a business we could use and it would be a credit

to Granville.

JIM HOPSON: In support of the request, it seems that the

Drincipal concern has to do with traffic. but it would be a surprise

if he had more than one car per hour. By contrast. a

school or two around the corner generate a lot of traffic. The

present structure is unsightly, and Mr. Contini will substantially

improve it. If he is denied continuance. he might reinstate

student housing, which generates much traffic.

Ms. Caravana stated that the building was designed and built

for a business and business use is appropriate. This would be a

very low traffic use. If the business changes and grows, the

applicant could come back to see us. Additional screening would

address some people' s concerns. Mr. Stewart agreed and did not

feel it would be disruptive in any way. Mr. Herman added that

there are varying degrees of retail businesses and their volume of business. This business would not be detrimental to existing uses. Mr. Essman agrees and since this property has traditionally

been a business. and this proposal would mean less than previous traffic tenants, it would greatly improve the neighborhood.

Mr. Reyazi suggested that Mr. Faris speak with Mr. Contini

and Mr. Cassidy. and if he still has concerns, he should inform Mr. Reyazi within 10 days. The motion could state "by appoint -

ment only" on the sign, but Mr. Contini will not accept that, lest it set a precedent and the business failed. Other businesses

or offices might encourage drop-by traffic. Mr. Cassidy

would prefer saying "for appointment, call

MS. CARAVANA MOVED THAT WITH THE FOLLOWING CONDITIONS, THE APPLICATION HAS MET THE NONCONFORMING USE CHANGE REGULATIONS OF 1149:

a) The proposed change of a nonconforming use will not increase the burden on public facilities and service such as streets, utilities, schools and refuse disposal imposed by the existing nonconforming use.

b) The proposed nonconforming use will not be detrimental nor disturbing to existing uses in the district and will not entail a use which constitutes a nuisance or hazard to any persons in the surrounding use district.

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Condition 1: The business sign should state in some wav tna:

appointments are needed, i.e., fo"r appointment. call... '

Condition 2: Any change of business status, i. e.,regular

hours, requires permission.

Condition 3: Parking lot will be screened by a fence as

approved by GPC.

MR. STEWART SECONDED THE MOTION, AND IT WAS UNANIMOUSLY

APPROVED.

Herbert Smith. 329 Summit Street -Setback Variance

Mr. Smith wishes to add a closet to the side of the house.

which would locate the house 1%fr'om the property line, whereas 10' is required. Siding and roofing materials will match the

house, and it will be hardly visible from the street. Mr. Reyazi

has been trying in vain to talk with the neighbor, who is appar- ently moving away, but she did return the acknowledgment of

receipt of the letter. He also wants guidance from the fire

department regarding truck access. Mr. Smith said the other side

of the house would accommodate a fire truck, and there' s no

access to the house from that side anyway. The fire department

does not enforce f ire codes fox homes, only for commezei:ralr-

Mr. Stewart applied the criteria for variance to the application:

a) That special circumstances or conditions exist which

are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning district. The house was built close to the lot line, at a time

when closets were not common on the first floor. The structure

wsiomulidlacrust itduowantioonn.accessibility somewhat, but other house&have a The existence of vegetation would make it less visible.

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. Other properties have sufficient closet space.

C) That the special conditions and circumstances do not result from the actions of the applicant. The applicant

purchased the house as it was.

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. Other houses have small lots close to lot lines.

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 affects are known.

MR. STEWART MOVED TO APPROVE THE VARIANCE APPLICATION; MR.

ESSMAN SECONDED, AND IT WAS UNANIMOUSLY APPROVED.

Garv and Jennifer Haga, 746 Newark Road

The Hagas wish to build a lawn building 10' 5" from side

property line and 26' from rear property line. The code spectfies

a 14' side setback and 50' rear setback. Although this is

along the TCOD. the GPC determined that the applicant did not

have to apply through them because the lawn building would be

more than 100' from the property line. Mr. Reyazi has received

three letters in support from neighbors. Topographical features

preclude locating the shed large anywhere else, i.e.,a steep hill, a tree, and the driveway turnaround.

The Hagas are not here tonight, but BZBA members had no

problem with the application, and Mr. Stewart applied the criteria

to the project:

a) That special circumstances or conditions exist which

are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning district. The lay of the land presents circumstances.

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. It would because others have

storage sheds.

C) That the special conditions and circumstances do not result from the actions of the applicant. The applicant

purchased the lot as is, and he does not want to cut down the tree or move the driveway.

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 privileges are seen.

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. Several neighbors have voiced their support, and no adverse effects hre apparent.

MS. d€ef-Ea*-WjlgA MOVED TO APPROVE VARIANCE FOR SETBACKS. MR.

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Work Session

Moratorium. Mr. Reyazi distributed an update on commercial

building applications and aded that the Mill will be permitted tc

build before the six months are over.

Design Review Standards Committee. Frank Elmer and Associates

has been chosen to fill the position. and their consultant

will be attending our meetings.

Procedures. It would help the Village Planner if he were to

introduce major applications and explain late-arriving materials

at the meeting. He will provide sections of the ordinance where

relevant passages may be found.

Finding of Fact:

MR. HERMAN MOVED TO ADOPT TONIGHT' S FINDING OF FACTS FOR

CONTINI, SMITH, AND HAGA AS OUR FINAL DECISION. MR. STEWART

SECONDED, AND IT WAS UNANIMOUSLY APPROVED.

Adjournment: 9: 10 p. m.

Next Meeting: December 19

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