BOARD OF ZONING AND BUILDING APPEALS February 14, 2002 Amended Minutes
Members Present, Trudy Knox, Greg Sharkey, Lon Herman (Vice Chair), Eric Stewart (Chair) Members Absent: Ashlin Caravana Also Present: Seth Dorman, Village Planner Visitors Present: Dave Bussan, Jerome Scott, Steve Mershon Citizens’ Comments: None Swearing in: The Chair swore in all those who wished to speak during the evening.
David Bussan, 420 East Broadway – Side Yard Setback
Jerome Scott, architect, explained that the proposed addition does not meet present zoning setback conditions. The triangle at the corner was sold off to the School Board in 1923 and the applicant is trying to renovate and upgrade the house to add needed functions. The only place for the addition is shown on the plan. They do not want the addition to encroach into the setback to a greater extent than do the existing structures. The Planning Commission approved the application with two stipulations: (1) That the applicant not do anything to exacerbate the water runoff situation; and (2) That the applicant plant a tree on the property to help screen it from one of the neighbor’s undeveloped lots. The drainage situation is not entirely on the Bussan property, but he will do nothing to make it worse. The water will hopefully be routed into the storm sewer rather than the yard. At the last meeting Mr. Stewart asked to see a drawing showing the relationship of the addition with neighboring structures, but there are no structures in a direct line of sight with the proposed addition. Mr. Bussan hopes the school board would install more landscaping, and he will approach them about that. Ms. Knox added that there is a lot of green space there to work with.
MS. KNOX MOVED TO APPROVE APPLICATION #02-004 AS PRESENTED. MR. HERMAN SECONDED, AND THE MOTION 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 structure(s) involved and which are not applicable to other lands or structures in the same zoning district. The lot is highly irregular and such irregularities are not applicable to neighboring lands and structures, thus rendering it peculiar. 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. Other homes in the area have had additions and/or expansions to their original footprint that also remained within the total square footage percent of buildable area and this one is no different. C. That the special conditions and circumstances do not result from the actions of the applicant. The applicant did not create the irregular lot; it was created in 1923 by the school board. D. That the 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. It is important to note that the variance does not create additional encroachment; it merely continues one that is now standing. 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. In fact, this variance may improve it, in that the runoff from the house may be routed to the storm sewer on Broadway, rectifying a concern where the runoff currently goes into the back yard, creating a hazard.
Finding of Fact: MR SHARKEY MOVED TO ADOPT THE FINDING OF FACT FOR THE BUSSAN APPLICATION AS THE FORMAL DECISION OF THE BOARD. MS. KNOX SECONDED, AND THE MOTION WAS UNANIMOUSLY APPROVED.
Minutes of January 10, 2001: MR.HERMAN MOVED TO APPROVE THE MINUTES AS PRESENTED. MS. KNOX SECONDED, AND THE MOTION WAS UNANIMOUSLY APPROVED.
Next Meeting: March 14, 2002 Adjournment: 7:25 p.m. Respectfully submitted, Betty Allen