Granville Community Calendar

BZBA Minutes 9/23/1999

BOARD OF ZONING AND BUILDING APPEALS

SEPTEMBER 23,1999

Minutes

Members Present: Ashlin Caravana,Bob Essman, Greg Sharkey ( Vice Chairman)

Members Absent:Lon Herman ( Chairman), Eric Stewart

Also Present: Kathryn Wimberger,Village Planner

Visitors: Stephen & Patricia Davis,Denise & James Mack

The Meeting was called to order by Vice Chairman Sharkey.

Minutes of August 26, 1999: MS. CARAVANA MOVED TO APPROVE MINUTES

AS PROVIDED. MR. ESSMAN SECONDED,AND MOTION WAS UNANIMOUSLY

APPROVED.

All those who wished to speak during the evening were sworn in by the Vice Chairman}

Citizens' Comments: none

New Business:

Stephen and Patricia Davis, 448 West College Street

The applicants wish to remove the 60-year-old garage and build a one-car cinder

block garage in the same location with the same footprint and roofline. The difference will

be an arch in the front door. The garage was built into the hillside and the pressure has

pushed the walls beyond repair. A variance is needed for east side setback requirements.

GPC members had no problems with the application.

MS. CARAVANA MOVED THAT THE APPLICATION FOR 448

WEST COLLEGE STREET FOR A ONE-CAR GARAGE IN THE SAME

LOCATION BE APPROVED AS SUBMITTED. MR. ESSMAN SECONDED,

AND IT WAS UNANIMOUSLY APPROVED.

Ms. Caravana applied the criteria:

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 proposed structure will be a replacement of an existing

structure in the exact same location, the same size and footprint. The layout of the land

would prohibit another location.

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

BZBA Minutes, September 23, 1999

zoning district under the provisions of this Ordinance. Other garages are built within

setback limitations.

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

the applicant. The garage was built by another owner.

D. Granting 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.

Others have garages within the setbacks, so no undue privilege would be granted

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. We do not see how the health,safety, or general

welfare would be affected; in fact, the garage would improve the appearance of the

neighborhood.

Denise and James Mack,420 West Maple Street

The applicants are requesting a side-yard variance to build a two-car A-frame style

garage on the carport. It will not go into Sugar Loaf There is insufficient room for a

garage because of landscaping and lay ofthe land. Because of drainage restrictions,the

garage cannot be built closer to the house, and they will put in a horseshoe drain to lead

water to the road. Mr. Mack said that a big maple tree will be removed when the village

widens the road, and adding curbing would preclude parking on the street, as they have

been. Although a one-car garage would probably fit within code, the applicants want

space for two cars and tools. Two trees would act as buffer from the street.

Ms. Caravana thought that because the lot is spacious it would not impinge on the

neighboring property, which has a garage close to the property line if not actually on the

Mack lot. The hill in back limits placing garage further back.

Mr. Sharkey added that they do not want to chop up the yard any more than they

have to. He asked about the driveway material and Mr. Mack said it would be blacktop, little a wider than it is now,for easier snowplowing. He asked about landscaping and Mrs.

Mack thought she would put in flower beds and a herb garden. They may add a sidewalk

from back door to the back ofthe garage. There is a lot of shade from the trees.

MR. ESSMAN MOVED THAT THE VARIANCE FOR SIDE YARD

SETBACK BE GRANTED AS REQUESTED. MS. CARAVANA SECONDED,

AND IT WAS UNANIMOUSLY APPROVED.

Mr. Essman applied the criteria for variance:

A. That special circumstances or conditions exist which are peculiar to the land or

2

BZBA Minutes, September 23, 1999

structure(s)involved and which are not applicable to other lands or structures in the

same zoning district. The topography of the lot does not allow many options. The

drainage of this area creates a need to push the garage away to keep water from the

house. The existing landscape on the property will help the neighbors' property and

create visual screening from the street. It's a fairly spacious area so that 4' would not

create a cramp. It's only one story high.

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. The applicant does not

currently have a garage,and most village residents enjoy a garage.

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

the applicant. The applicant did not design the lot ofthe slope.

D. Granting 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.

We have frequently granted side yard setbacks to accommodate different situations.

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. This plan will allow property owners to park cars off

the street,which is a safety factor.

Finding of Fact: MS. CARAVANA MOVED TO ADOPT THE FINDINGS OF THE

BOARD AS FORMAL FINDING OF FACT. MR. ESSMAN SECONDED, AND

MOTION WAS UNANIMOUSLY APPROVED.

Adjournment: 7:50 p.m.

PLEASE NOTE: Next Meetings are all at irregular times:

October 27, Wednesday

November 18, Thursday

December 16, Thursday

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