Granville Community Calendar

BZBA 10/21/04

Granville Board of Zoning & Building Appeals
Minutes
October 21, 2004 7:00 p.m.

Members Present:  Trudy Knox, Amber Mitchell, Tym Tyler, Bill Heim (Chair), Don Dean (Vice Chair).
Member's Absent: None.
Visitor's Present: Tom McCullough, Jim Dumbald, Kyle McBride.
Also Present: Chris Strayer, Village Planner
The Chair swore in those who planned to speak.

Mr. Heim moved to amend the agenda and discuss Item B (Gerald Martin, 116 East Broadway #04-157) under 'New Business' after Item C (Kyle McBride, 964 Burg St. $04-159). 

Old Business:
Steven Mullaney, 250 Carreg Cain Drive #04-113
Rear Yard Setbacks

Ms. Mitchell moved to accept the corrected dimensions submitted by Mr.  Mullaney for rear yard setbacks.  Second by Mr. Dean. 

Roll Call: Mitchell (yes), Dean (yes), Tyler (yes), Heim (yes).  Motion carried. 
Ms. Knox abstained.

New Business:
Kyle McBride, 964 Burg St. #04-159
Rear Yard Setback

Mr. McBride stated that he plans to build a garage.  Mr. Tyler asked the committee if they were familiar with the area Mr. McBride was proposing to build on.  He stated that he had visited the location and felt that it would be good to move the driveway because the existing one is dangerous.  Mr. Tyler  stated that there is foliage between the two  properties and that he believed there was plenty of room between Mr. McBride's property and his neighbors.  Mr. Tyler stated that he asked Mr. McBride if he had informed his neighbors of his plans, and he stated that it might be a good idea for him to let them know.  Mr. Strayer stated that he has not received any feedback from the neighbors that were notified of Mr. McBride's application. 

Mr. Heim asked Mr. McBride why he decided to not use the lot between his house and Burg Street to place his garage.  He stated that there was a lot of property in this area.  Mr. McBride stated that the area he chose enables easier access to his house. 

Ms. Knox stated that she noticed Mr. McBride's application was not fully completed; She asked him if there was any reason why he didn't provide additional detail on the application.  Mr. Strayer stated that some parts on the application are often confusing for the applicant and he had worked with Mr. McBride when filling out the application.  He stated that he asked Mr. McBride to fill out the necessary areas pertinent to his request.  Ms. Knox stated that the application states that Mr. McBride will be placing a garage addition on the property, however the plans appear to be more than a garage.  She inquired on the specific uses of the garage and asked why there was a  need for plumbing.  Mr. McBride stated that he would be putting a shower in the garage, but he does not plan to use this as living quarters. 

Mr. Dean moved to accept application #04-159 as submitted.  Second by Ms. Mitchell. 

Roll Call: Knox (yes), Mitchell (yes), Tyler (yes), Dean (yes), Heim (no).  Motion carried.


Gerald Martin, 116 East Broadway #04-157
Parking Variance

Mr. Heim recused himself from application #04-157, Gerald Martin 116 East Broadway. 

Mr. Strayer stated that the variance is needed because 32 parking spaces are required based on the usable square footage of the building.  He stated that due to the limited number of parking spaces available in downtown Granville, 32 spaces would not be feasible. 

Mr. Dean asked if it was Mr. Martin's intent to double the size of the existing restaurant.  Mr. Martin stated that it "wouldn't quite be doubled."

Tom McCullough, Lay Leader at Centenary United Methodist Church, asked if the committee had received a letter distributed by the church to Village Council.  The committee acknowledged receipt of the letter.  Mr. McCullough went on to say that one of the main concerns the church has is their parking lot.  He stated that with the church addition, there is increased usage of the lot.  Mr. McCullough stated that for many years there has been a "nice agreement" between the Village of Granville and the church for use of the parking lot.  He stated that public parking is permitted in the lot after church hours.  Mr. McCullough also noted a concern he saw with the safety of parking on the alley, or what is known as Linden Place.  He stated that it could be more dangerous to have parking on the opposite side of the church, especially for children crossing the alley to enter the church. 

Mr. Tyler asked whether or not the parking lot is used for times other than Sunday mornings.  Mr. McCullough stated that there are many after school programs and programs during the weekdays, and that the church parking lot is not just utilized on Sunday mornings. 

Mr. McCullough thanked the committee for hearing his and the church's concerns.

Jim Dumbald, Village Barber, stated that he was not at the meeting to dispute the request for a parking variance made by Mr. Martin.  He stated that the building Mr. Martin owns used to be owned by his family, and he is also a current business owner is downtown Granville.  He stated that he received a letter about this meeting, and wanted to attend to make his concerns about parking in downtown Granville a matter of record.  Mr. Dumbald stated that something needs to be done about parking in downtown Granville.  He stated that he feels the Village needs to purchase property in the immediate downtown area.  Mr. Dumbald stated that several opportunities to do this have been missed.  He stated that the area where Taylor Drug is now located should have been bought by the Village and used for parking.  He stated that there was also a lot behind the Village offices that could have been purchased and used for parking.  Mr. Dumbald stated that if it would come down to having a 4mil tax to support the idea of the Village purchasing areas for parking in the downtown, he would be in support of this. 

The committee thanked Mr. Dumbald for his comments.  Mr. Dean suggested that his concerns should be directed to Village Council. 

Mr. Tyler asked the committee if they were prepared to discuss the matter before them.  Mr. Strayer stated that the committee could also table the issue if they felt that they needed more time.  Mr. Tyler stated that he felt this was something that the committee could come to a consensus on tonight.  The committee members agreed. 

(The committee met in Executive Session to discuss matters associated with application #04-157)

Mr. Dean stated that the committee discussed Mr. Martin's application and they would like to suggest eliminating parking along the alley between the church and his building located at 116 East Broadway.  He stated that the committee would be willing to grant his variance as requested if this was done.  Mr. Martin indicated that this wouldn't be a problem and stated that he has no control over how the Village chooses to stripe the alley.  Mr. Tyler suggested that the area be re-striped as a loading/unloading zone. 

Mr. Dean stated that the concerns raised by Centenary United Methodists Church in regards to their parking lot should be taken to the Village Council. 

Ms. Mitchell moved to grant the parking variance for application #04-157 for eleven parking spaces.  Second by Mr. Tyler.

Roll Call: Tyler (yes), Mitchell (yes), Knox (yes), Dean (yes).  Motion carried.
Mr. Heim abstained.

Mr. Heim re-joined the meeting as Chair of the committee.

 

Finding of Fact Approval(s)
 Steven Mullaney, 250 Carreg Cain Dr., #04-113
 Zoning:  PUD
 Rear Setback
 RELEVANT SECTIONS:
1171.03 DEVELOPMENT AND DESIGN GUIDELINES.
Facts:
This setback is from contractor error.
Variance Criteria
The following considerations shall be examined in the review and the public hearing of an application for variance:
(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 districts. Yes, they do exist.
(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. Yes, it does apply because of the other building.
(c) That the special conditions and circumstances do not result from the actions of the applicant. Does not apply.
(d) That the granting of 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. Does not apply.
(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.  Does not apply.

There were no objections to the Finding of Facts for Application #04-113.  Motion carried.

 Kyle McBride, 964 Burg Street, #04-159
 Zoning:  SRD-A
 Rear Yard Setback
Variance Criteria
The following considerations shall be examined in the review and the public hearing of an application for variance:
(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 districts.  Does not apply.

(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.  Yes, there are other properties in the same zoning.

(c) That the special conditions and circumstances do not result from the actions of the applicant.  Does not apply. 

(d) That the granting of 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.  There are other properties in the same zoning district that have less than fifty feet setbacks. 

(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.  This does not apply to the adjacent property.
 
There were no objections for the Finding of Facts for Application #04-159.  Motion carried.

 Gerald Martin, 116 East Broadway, #04-157
 Zoning:  VBD, AROD
 Parking Space Requirement
Zoning Code Analysis:
1183.03  NUMBER OF PARKING SPACES REQUIRED.
The number of off?street parking spaces required shall be as set forth in the following schedule:

Variance Criteria
The following considerations shall be examined in the review and the public hearing of an application for variance:
(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 districts.  Does not apply.

(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.  It would not be feasible for the applicant to provide 32 spaces in downtown area due to the nature of the downtown area; any business could not meet criteria established for building regulations.

(c) That the special conditions and circumstances do not result from the actions of the applicant.  Lack of parking in downtown area is the cause, rather than constraints of parking.  It does apply. 

(d) That the granting of 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 does apply.  There are several other properties where parking spaces in the downtown area are counted.

(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.  The granting of this variance will not adversely affect the health, safety or general welfare of any persons.  It does apply because there is not enough room for cars in the alley;  It is a matter of safety.

There were no objections for the Finding of Facts for Application #04-157.  Motion carried.

 

Review and Approval of Minutes

September 1, 2004
Ms. Knox moved to accept the minutes as presented, seconded by Mr. Dean.
Roll Call: Knox (yes), Mitchell (yes), Tyler (yes), Dean (yes), Heim (yes).
Motion carried.

September 9, 2004
Ms. Knox moved to accept the minutes as presented, seconded by Mr. Tyler.
Roll Call: Dean (yes), Mitchell (yes), Tyler (yes), Knox (yes), Heim (yes).
Motion carried.

Meeting Announcements

November 11, 2004
December 9, 2004

Ms. Knox suggested that Mr. Strayer write a letter to Mr. Dumbald to thank him for coming and informing him that he should visit a Council meeting to voice his concerns under Citizen's Comments.  Mr. Strayer stated that he agreed and would contact Mr. Dumbald. 

Mr. Heim called for a motion for adjournment.

Mr. Dean moved to adjourn the meeting, seconded by Ms. Knox. 

The BZBA meeting adjourned at 7:57 pm.

Submitted by: Melanie J. Schott

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