BOARD OF ZONING AND BUILDING APPEALS
Members Present: Ashlin Caravana, Lon Herman,Greg Sharkey,Eric Stewart
Members Absent: Bob Essman
Also Present: Kathryn Wimberger,Village Planner
Visitors Present: Tod Darfus
Citizens Comments: None
All those who wished to speak during the evening were sworn in by the Chairman}
Tod Darfus,233 East Broadway
The applicant seeks a variance for a 6.5' setback from east side in lieu of the required 10' for an air
conditioning unit. The Planning Commission has approved the proposal subject to BZBA approval. No objections
from neighbors have been received.
Mr. Datfus stated that they placed the unit on the side to accommodate the furnace upstairs. He said it is a
small unit on a small pad,and they plan to screen it with a natural and aesthetic sound barrier. The planting will
extend back along the length of the side property. The trees will spread and make a dense area. Mr. Darfus will keep
the growth under control,but these are very slow growing trees. He-wem-orfSEiSISIil that the upstairs-windorr---
mightlook dowlronto- tilroMrl'hey have another A/C unit on the other side.
Ms. Caravana wondered whether the A/C could be placed behind the porch and eliminate necessity for a
variance,but she is glad it is back 85' from the sidewalk. Mr. Darfus said it would be too close to the screen porch or
the patio. He added that the unit will not be as loud as cars on the street. When they placed the unit in its present
location,they were not aware that this would require a variance.
MS. CARAVANA MOVED TO APPROVE APPLICATION FOR 233 E.BROADWAY FOR SIDE YARD
SETBACK VARIANCE FOR AIR CONDITIONER AS SUBMITrED WITH THE CONDITION THAT THE UNIT
BE HIDDEN BY LANDSCAPING AS DESCRIBED BY THE APPUCANT AND REFLECTED IN THE
MINUTES. MR.HERMAN SECONDED,AND MOTION WAS UNANIMOUSLY APPROVED.
Ms. Caravana applied the criteria 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. Special circumstances are with the size of
the structure; the A.C/needs to be in its present location as most practical for the furnace operation. Putting the unit
behind the building would be putting it in the patio,which would be undesirable.
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. N/A.
C. That the special conditions and circumstances do not result from the actions of the applicant. Although the
condition does result from the applicant's actions, we did not think it an unreasonable request.
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. BZBA has granted similar variances with similar restrictions within the same zoning district and does not think this constitutes undue privilege..
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. It appears there will be no negative
impact on health,safety or general welfare with adequate landscaping.
Minutes of January 27,2000: Page 1,just before the motion,add and beforeb "e more attractive."
MR.STEWART MOVED TO APPROVE MINUTES AS AMENDED. MR. SHARKEY SECONDED,AND
MOTION WAS UNANIMOUSLY APPROVED.
Finding of Fact:
MR HERMAN MOVED TO ADOPT THE FINDING OF THE BOARD AS FORMAL FINDING OF FACT. MR.
SHARKEY SECONDED,AND MOTION WAS UNANIMOUSLY APPROVED.
Adjournment: 7:45 p. m
Betty Allen ( transcribed from tape)
BOARD OF ZONING AND BUILDING APPEALS