BOARD OF ZONING AND BUILDING APPEALS
Members Present: Greg Sharkey C( hair)L,on Herman,Eric Stewart
Members Absent: Bob Essman,Ashlin Caravana Vice Chair}
Also Present: Seth Dorman,Village Planner
Visitors Present: Ken and Katie Richards
Swearing in: The Chair swore in all those who wished to speak during,the evening.
Ken and Katie Richards, 1034 West Broadway,Rear Yard Setback
Mr. Sharkey introduced the application by stating that Ken and Katie Richards are
requesting a rear yard setback variance. He then asked the Richards to tell the group a little bit
about their project,specifically why you would like to place the garage at the proposed location.
Mr.Richards explained that the old shed as shown in the photos Mr. Dorman supplied the
BZBA does not go with the home or the recent addition. The original plan was to build a garage with an eastw-est orientation,just over 100 feet offBroadway,but that required removing a black walnut tree and another large old tree. This plan would not need a variance,but the
applicants' neighbor ( Mr. SawyeO to the north is attached to our home because his grandparents built it and he did not want to see the trees come down. To compromise,we chose to decrease the size of the garage from a 3-car to a 2-car,switch the orientation from east- west to north- south,and place it back further,thus requiring the rear yard setback variance. Mr. Sawyer's home angles to the west,so he will not be looking down on it,and with the excavating the garage will be built more into the hill and that will help it to look smaller for the neighbor and from Beechwood Drive. Ms. Richards said Mr. Sawyer planted some additional evergreens today to help with screening.
Mr. Sharkey asked the Richards to discuss why they want to make the garage the size they propose. Mr. Richards said he does a lot ofhis own work on the home and he does not have
a workshop. So the proposed size is to allow for two cars,a workshop area and room for the kids to play in the garage ifthey want.
Mr. Herman asked ifthis has been through Planning Commission. Mr. Dorman explained that it will not need to go through Planning Commission,because the way the code reads,is that only land within 100 feet ofthe righto- fw-ay line ofthe roads covered by the TCOD are subject to the additional requirements. Mr. Dorman said he confirmed this interpretation of the code with the Law Director.
Mr. Sharkey asked what type ofmaterials would be used. Mr.Richards said the garage would be sided to match the house,and would have two white vinyl insulated doors,one side entrance door and a side window. Ms. Richards said that we want this to look nice for ourselves, and we will add some landscaping around it. In addition,Mr. Richards said eventually we are cgoonindguctoivebuild a home on the west lot,so we do not want to build something that will not be to the home that is there.
1A fS** BZBA.November 16,2000, 2
Mr. Sharkey asked how tall the trees are. Mr. Richards said the black walnut is probably 80' tall and the other in front ofthat is 50' tall.
V Mr. Sharkey asked the Richards to discuss how they arrived at 10' from the property line, Bfaunrrodthawedrhwebatahycekarswitpeowstahssoibupleog.shstOibthbleevitoloeussssllyindoitittiicsfoenarwobtalear,dsacnsldoomsee.toMosu.rRhiocmhaerdasndsaisidlewssecwoannvteednieitnats,bfuatrtohfef be as it is being built into the hill some it will not as visible for Mr. Sawyer. Coming closer to the home with the garage would require removing at least the black walnut so the driveway would work,and you would lose some yard
space for landscaping. Mr. Richards reiterated that the proposed position ofthe garage opens up the yard and saves the trees, all ofwhich would help with the resale value.
MR. STEWART MOVED THAT THE APPLICATION FOR THE REAR YARD SETBACK
VARIANCE BE APPROVED AS PROPOSED. MR. HERMAN SECONDED,AND IT WAS UNANIMOUSLY APPROVED.
Mr. Herman applied the criteria to the application:
A. That special circumstances or conditions exist which are peculiar to the land or
structures( )involved and which are not applicable to other lands or structures in the same zoning district. Special circumstances include the unusually sized lot,which includes some unusual terrain, and in addition to that some trees worthy of saving that could not be saved ifthe
structure was in conformance with the existing code.
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. No, the lot coverage and other aspects are in
conformance with other similar structures in the district.
C.That the special conditions and circumstances do not result from the actions of the
applicant. No, the applicant built neither the trees nor the terrain.
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. No.
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. No,the garage will be situated in such a way as it is well shielded from the
neighbor, and should be pleasant in appearance from both Broadway and Beechwood.
Finding of Fact:MR. HERMAN MOVED TO APPROVE THE FINDING OF FACT AS THE
FORMAL DECISION OF THE BOARD. MR. STEWART SECONDED,AND MOTION
WAS UNANIMOUSLY APPROVED.
Minutes of September 28: MR. HERMAN MOVED TO APPROVE THE MINUTES OF THE
OCTOBER 26, 2000 MEETING AS MODIFIED. MR. STEWART SECONDED,AND THE
MOTION WAS UNANIMOUSLY APPROVED.
BZBA. November 16,2000, 3
Next Meeting: Thursday,December 21, 2000
Thursday,January 25, 2001
Adjournment: 7:40 p.m.
BOARD OF ZONING AND BUILDING APPEALS