BOARD OF ZONING AND BUILDING APPEALS
December 18, 1997
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."
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
Tom Fuller, Village Brewing Co.,and Jerry Martin, Brew' s, 128 E.
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
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.
Mr. Blackstone asked whether applicants had any drawings for
pull -down stairway, but was told that they .den« 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
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
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
Mr. Herman had hoped that a solution agreeable to all
parties would have occurred but that does not seem to have
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
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
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