BOARD OF ZONING AND BUILDING APPEALS
December 11, 2003
Members Present: Don Dean, Bill Heim, Trudy Knox, Tim Tyler (Vice Chair)
Members Absent: Lon Herman
Also Present: Chris Strayer, Village Planner
Visitors Present: Lisbeth Lipari
Citizens' Comments: None
Swearing in: The Vice Chair swore in all those who wished to speak during the evening.
Minutes of September 11: MS. TYLER MOVED TO APPROVE MINUTES AS DISTRIBUTED; MS KNOX SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Lisbeth Lipari, 1 Samson Place - Front setback
Mr. Strayer said the applicant wishes a variance for an additional 8' into the setback, which already encroaches by 5', in order to build a 12'x20' addition for kitchen and dining room. She originally requested a 12'x17' addition, but today she requested the other 3' into the setback. The house built before the current zoning code was established.
Ms. Knox explored the property. The way the lot lies with Burg Street and Samson doesn't seem to be as much of an encroachment if it were a flat line. It seems to fit in well with the other houses. She would have no objections to the variance, especially since the house was built before the requirement.
Mr. Heim asked whether she considered going from the corner back and she replied that she did but that wouldn't work because of the fireplace. She explained the difficulty in placing it anywhere else.
Mr. Heim asked how far the property is from the lot line goes to the right of way, but she does not know. The application does not have the ROW marked. Did she have any response from neighbors? Yes, they have no objections. Mr. Strayer said the Brodies were in to look at the plans, and they had no problems. There is a hill with two levels, so Mr. Strayer doesn t see the ROW coming into that hill. Mr. Heim said the University ooriginally sited these houses to face Samson, and that's why they apparently face Burg Street but have a Samson address. Ms. Knox asked about sidewalks and Mr Strayer said at this point the Village is looking at sidewalks and roadway alighment. But they don't know what side of the street it would be on. Ms. Lipari would still have about 20'.
Mr. Heim said from time to time they change the center of the road, but he hopes the center would not be moved closer to what the applicant wants to do.
Mr. Heim applied the application to 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. Because of the way the lot is laid out, in this district the answer would be Yes-It would be unreasonable to grant the variance due to restrictions to the lot.
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. A literal interpretation would keep them from building. A lot of the neighboring properties do violate the code
C. That the special conditions and circumstances do not result from the actions of the applicant. The applicant bought the property as is.
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 would not.
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 posed variance. It would not do so.
MS. KNOX MOVED TO APPROVE VARIANCE APPLICATION #03-157 FOR FRONT SETBACK AS AMENDED BASED ON THE FIRST THREE CRITERIA. MR. DEAN SECONDED, AND THE MOTION WAS UNANIMOUSLY APPROVED.
Finding of Fact: MS. KNOX MOVED TO APPROVE THE FINDING OF FACTS FOR THE LIPARI APPLICATION AS THE OFFICIAL DECISION OF THE BOARD, AND WE FIND IT CONSISTENT WITH THE RELEVANT SECTIONS OF THE GRANVILLE CODIFIED ORDINANCES, AS LISTED IN THE VILLAGE PLANNER'S MEMO OF DECEMBER 4, 2003. MR. TYLER SECONDED, AND THE MOTION WAS UNANIMOUSLY APPROVED
Next Meeting: January 15, 2004
Adjournment: 7:20 p.m.