BOARD OF ZONING AND BUILDING APPEALS
September 11, 2003
Members Present: Don Dean, Lon Herman (Chair), Trudy Knox, Tim Tyler (Vice Chair)
Members Absent: Bill Heim
Also Present: Chris Strayer, Village Planner
Visitors Present: Brian Corbett
Citizens' Comments: None
Swearing in: The Vice Chair swore in all those who wished to speak during the evening.
Minutes of August 14: MS. KNOX MOVED TO APPROVE MINUTES AS DISTRIBUTED; MR. TYLER SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Brian & Nora Corbett, 117 South Prospect Street - Side setback
Brian Corbett said they have already gone ahead and built the skateboard ramp since he thought he had approval from GPC and because it's a temporary structure. It comes right up to the fence, so he applied for an after-the-fact approval, and GPC said it had to be no taller than 6'. It's like a trampoline. It will be enclosed by a fence, and If it were located in an approved spot, it would be more visible from the street.
Mr. Strayer said the skateboard ramp is less than 10' from the property line and the discrepancy came about during the change in staff personnel. Since the ramp was on the lot line, GPC approved it pending approval from BZBA. The neighbors have offered no objections.
Mr. Corbett said they are considerate of neighbors and noise (one neighbor has a new baby) and safety issues. Mr. Herman stressed the importance of consideration of the neighbors.
MS. KNOX MOVED TO APPROVE VARIANCE APPLICATION #03-071 FOR SIDE SETBACK. MR. DEAN SECONDED, AND THE MOTION WAS UNANIMOUSLY APPROVED.
Mr.Dean 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. The way the lot is laid out-very deep and very wide-makes it impossible to place the ramp in any spot that would adhere to the code. It's not a permanent structure.
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. There probably is no other ramp in the district, but there is some recreational equipment close to lot lines
C. That the special conditions and circumstances do not result from the actions of the applicant. There are no special conditions; this is not a permanent structure. It is close to a public driveway. A garage is located on the other side of the lot.
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. Most of the lots either have sheds or other buildings right up to the lot line.
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. The applicant has assured us he will ensure safety and minimal noise. The public should not be able to skate on the ramp.
Finding of Fact: MS. KNOX MOVED TO APPROVE THE FINDING OF FACTS FOR THE CORBETT 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 SEPTEMBER 4, 2003. MR. TYLER SECONDED, AND THE MOTION WAS UNANIMOUSLY APPROVED
Next Meeting: October 9, 2003 (Ms. Knox will be absent)
Other Comments: Ms. Knox noted that sometimes people think approval from GPC is a blanket approval and they proceed without addressing the GPC stipulation of BZBA approval. This needs to be made clear to applicants.
Adjournment: 7:20 p.m.