Granville Community Calendar

BZBA Minutes 12/18/1997

BOARD OF ZONING AND BUILDING APPEALS

December 18, 1997

Minutes

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

Members Absent: Greg Sharkey

Also Present: Reza Reyazi, Village Planner

Visitors: Gib Blackstone, Drew McFarland, Jerry Martin, Sandy

Nelson, Paul Dimetrosky

Minutes: November 20:

Page 1, 10th line up, change to: "Determining ownership is

not a BZBA matter, so we may either assume that they have

sufficient control or we may decide that there is not enough

information to make such a determination."

Page 2,

Page 3,

4th line up, change "whis" to this.

first line, "Mr Reyazi."

MR. STEWART MOVED TO APPROVE MINUTES AS CORRECTED;

SECONDED, AND MINUTES WERE UNANIMOUSLY APPROVED.

Citizens Comments: None

Old Business:

MR STEWART

Tom Fuller, Village Brewing Co.,and Jerry Martin, Brew' s, 128 E.

Broadway

The applicants wish to construct a 4 ft. outdoor emergencyexit

steel stairway from second floor along west wall into the

10-ft. alley. The discussion was tabled at the last meeting and

needs to be taken off the table.

MS. CARAVANA MOVED TO TAKE THE MOTION OFF THE TABLE; MR.

STEWART SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.

Mr. Martin, of Brew' s, thought there should be a difference

between residential zoning and Village Business District zoning

regarding the 10' setback. Downtown buildings cannot be 20'

apart. Mr. Herman thought this suggestion could be forwarded to

Village Council.

Mr. Martin went on to say that GPC approved the design of the stairway as first presented. The Building Code says there

are provisions to build a pull-down stairway as long as nothing else can be done. For safety reasons, the Fire Department and

the Department of Liquor Control would rather not see a moveable

stairway, although they have no control over such a decision.

The County Engineer, County Assessor, and County Auditor say,

according to maps, the alley is commonly owned but not owned by either neighbor as far as taxes are concerned. No one pays taxes

for the alley now.

L

6%

Mr. Blackstone asked whether applicants had any drawings for

pull -down stairway, but was told that they .denĀ« know whether

theytn- rlet-o do that. Mr. Blackstone added that he is not in

favor of a pull-down staircase and other business people feel the

same way. The group again discussed the possibility of joining

the two buildings at the second floor level via a joint ramp but

this probably will not be necessary. There is no prohibition

against it.

Mr. Reyazi stated that a pull-down stairway is still a

structure and would require a variance. Mr. Martin added that a

pull-down stairway is also much more expensive. It would require

a letter from BZBA to the Building Code people. Attorney McFarland

thought a pull-down stairway would be a very attractive

nuisance.

Mr. Essman is concerned about ownership of the alley and

cannot approve a structure on someone else' s property, but Ms.

Caravana feels there is enough evidence to consider application;

by granting the variance, we are not saying Mr. Fuller owns or

does not own the alley. If Mr. Blackstone can prove he owns the

alley at a later date, that would be something for the courts to

decide.

Mr. Herman had hoped that a solution agreeable to all

parties would have occurred but that does not seem to have

occurred.

Mr. Reyazi stated that almost all uses for a second story

would require a fire escape.

Mr. Blackstone said there is a grades,o' storm water puddles

in the back. They are supposed to straighten out the lane to

prevent puddling and freezing.

Mr. Herman applied the criteria for variances (1147. 03) for

this 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 special circumstances would be that the building

was not built at a time when there were requirements for egress at both levels and there is a need for a solution now. This

building is at the end of a row of buildings on a very tight alley.

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. There are other fire escapes in

the village district. Approval would not deny Mr. Blackstone' s putting up a fire escape in the future. Applicant would be

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deprived of use of the second floor without a variance.

C) That the special conditions and circumstances do not

result from the actions of the applicant. The applicant purchased

the property as is. We want to encourage utilization of

space in the village.

D) That the granting 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. Mr. Herman did not think anyone else would not have

the ability to build a fire escape.

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. Having heard safety concerns about the

stairway, what we can best do is safeguard against problems

through restrictions to any approval.

It is expected that Mr. Martin will construct the stairs in

such a way as not to preclude Mr. Blackstone' s use of the stairs

in the future.

MS. CARAVANA MOVED TO APPROVE THE APPLICATION AS SUBMITTED

WITH THE FOLLOWING CONDITIONS: 1) THE STAIRWAY IS TO BE

USED ONLY AS AN EMERGENCY EXIT AND FOR NO OTHER PURPOSES IN

ORDER TO KEEP THE AREA SAFE AND CLEAR. (2) THIS STRUCTURE

WILL NOT ALLOW OTHER OBSTRUCTIONS TO OCCUR AND MUST BE BUILT

TO CONSIDER THE LEAST NUMBER OF OBSTRUCTIONS TO ADJOINING

PROPERTY. THE AREA UNDER THE STAIRWAY MUST NOT BE USED FOR

STORAGE OR GARBAGE. 3) STORM WATER RUNOFF MUST NOT MAKE

WATER POOL INTO ICE AND STANDING WATER. (4) OUR APPROVAL

WILL IN NO WAY CONFER UPON APPLICANT ANY IMPLIED RIGHTS OR

OWNERSHIP OF THE PROPERTY.

MR. STEWART SECONDED, AND MOTION WAS APPROVED BY MAJORITY

WITH ONE ABSTENTION (MR. ESSMAN).

Ms. Caravana will write the Finding of Fact.

Adjournment: 8: 00 p. m.

Next Meetings: January 22, 1998

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