Granville Community Calendar

BZBA Minutes 11/20/1997

BOARD OF ZONING AND BUILDING APPEALS

November 20, 1997

Minutes

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

Members Absent: Greg Sharkey

Also Present: Reza Reyazi, Village Planner

Visitors:

McFarland, Brooms

Gib &Allene Blackstone, Jerry Martin

Minutes: October 23:

PRESENTED; MS.

APPROVED.

John Mantonya, Drew

Sandy Nelson, Paul Dimetrosky, Lawler

MR. ESSMAN MOVED TO APPROVE MINUTES AS

CARAVANA SECONDED, AND MINUTES WERE UNANIMOUSLY

November 6: Page 2, under Setback, change to "less willing

to have an enclosed structure..."

Ms. CARAVANA MOVED TO APPROVE MINUTES AS AMENDED; MR.

STEWART SECONDED, AND MINUTES WERE UNANIMOUSLY APPROVED.

Citizens Comments: None

Public Hearing:

Tom Fuller, Village Brewing Co.,128 E. Broadway

The applicants wish to construct a 4 ft. outdoor emergency- exit steel stairway from second floor along west wall into the

10-ft. alley. Gerry Martin explained that they need a variance

from side yard setback requirements. The staircase must be

covered, according to the Building Code, and the roofing material

was changed at the request of GPC. The Building Code Department

requires a second exit from a second-floor establishment.

There was some question as to who actually owns the alley,

and Drew McFarland found in a title search that in 1822 the alley

was established for the mutual convenience of both properties, creating a permanent easement. The Auditor does not know who

actually owns the alley. There seems general agreement that the

alley may not be blocked off, and there is a lot of pedestrian 969 traffic through the alley. Mr. Reyazi said that the issue of Fowunlleerrshhipas csomufpfilicciaetenst cthoinngtrsolbecause it is uncertain whether Mr. Ar stairway. Bugh ownership over the property to cops&p-uet*-hE-- is not a BZBA matter, so<wS must assume

they can move ahead. Mr. Hurst had said if this decision is l/V- 7

appealed to VC, th4 will have to make the decision.

Mr. Herman asked whether the applicants have exhausted all possibilities for building the staircase without having to ask for a variance. Mr. Martin stated that exiting through the

rear might not require a variance, but the exit would be right

over the kitchen, the spot where most fires occur. Attorney Paul

Dimetrosky said there is an internal stairway, but it is wood and exits into Brew' s. He explained that an emergency exit must

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egress»i'nto a p" ublic»ROW a«nd'that-the»parkinglo- t'"in: «back"i-fs !. F-:4...:'.1-..::,.-=.

private property and would not be acceptable because an owner

might build into that space.

John Montonya, lawyer for Mr. Blackstone, stated that they

have opposing feelings about ownership although the alley is for

mutual convenience. He would differ with the idea that this

should be considered open courtyard. An alley should not be

obstructed. It' s not the purpose of a variance to put an encroaching

structure in an alley, and they are opposed to such a

variance. Mr. Blackstone added that when they bought their property,

they were told by Mr. Sargent that the alley went with the

building. Jim Bone and Mr. Blackstone agreed the upstairs room

would be Mr. Blackstone' s, but is not accessible except through

the James Store. They agreed to let the James Store use the room

upstairs and Blackstone' s would use the alley. Mr. Blackstone

put in the planters and the lattices. Some deliveries are made

through the alley.

Ms. Caravana wondered whether the staircase would limit

Blackstone' s use of the alley, and it wouldn' t seem to at this

time, but maybe in the future they would also need a stairway.

She asked about a pull-down stairway, or a stairway exiting to

the rear.

Mr. Herman thought BZBA could write a letter to the Building

Code Department in support of applicant' s fire escape exiting

into the parking lot. A lot of people trying to use the fire

escape at the same time might cause safety problems in the alley.

He asked whether other fire prevention means were in place and

the answer was there are sprinklers. The applicants will check

to see whether a weighted staircase would be approved. Mr.

Fuller added that fire trucks cannot access the alley but hoses

could send a water screen through there. They require 4'-5'.

It' s hard to grant a setback variance when it is not known

what it' s being set back from. Ms. Caravana would have trouble

applying the criteria to the application in this case, but she

questions the health, safety, general welfare provision. She

feels that using a fire escape is a classic use of an alley.

Mr. McFarland thinks his clients have the right to use the building in the best way they can; safety requirements were not

written into the building codes when this was built. This proposal

is in keeping with the use of the alley: mutual convenience

noefeedasc. h house. We are trying to adapt 1820' s useage to today' s

Ms. Caravana would like more time to mull over the applica- tion and tonight' s discussion. Mr. Herman stated that we could

ttaobnlieghTthrisecweiivteh tfhuerthreecromstmuednyd:ation that two options discussed 1) drop-down or weighted staircase

and (2) exiting into the parking lot. He also suggested

that applicants and the Blackstones go to GPC Monday night and

v ,e««m,,,s:expaeain, their. .positions . ·M··· rR:-e-za-will: provide <a, · summary' for „4%46.g.. .1.I )" r-.'i....

GPC.

Mr. Demetrosky preferred a solid secure staircase and suggested

an L-shaped bridge between the two buildings to act as a

mutual fire escape if Mr. Blackstone ever needed one. He said

they could not reverse the direction of the stairs because of

utilies underneath.

The Public Hearing will be continued to the December 18

meeting.

Old Business: 1st Presbyterian Church, 110 W. Broadway

With the addition of the word do to Page 3, Section 1, to

the Finding of Fact provided by Mr. Sharkey,

MR. STEWART MOVED TO ADOPT THE WRITTEN REPORT AS FORMAL

FINDING OF FACT; MR. ESSMAN SECONDED, AND MOTION WAS

UNANIMOUSLY APPROVED.

Adjournment: 9: 18 p. m.

Next Meetings: December 18

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