BOARD OF ZONING AND BUILDING APPEALS
SPECIAL MEETING September 1, 2004
Members Present: Don Dean, Bill Heim (Chair), Amber Mitchell, Tym Tyler (Vice Chair). Trudy Knox
Also Present: Chris Strayer, Village Planner
The Chair said the purpose of the special meeting is to consider the continued application at 446 West College Street because they made an error in their application. It needs a 25' setback from the rear house and 20' for the deck. We discussed other possibilities, but neighbors are complaining and we decided to reconsider the application.
Ms. Knox said if the neighbors still have an objection they can appeal to the Village Council or GPC.
They applied for 25' because they did not think the deck should be counted. The neighbors are not happy because they don"t like the look of the massive addition from the front, but we are only concerned about the rear setback.
MS. KNOX MOVED THAT THE APPLICATION BE APPROVED FOR A 20' SETBACK. MS. MITCHELL SECONDED. MOTION WAS UNANIMOUSLY APPROVED.
There is a request of the applicant that all construction traffic be in the rear of the property.
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. N/A
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. Some of the other properties in the area violate some setbacks. .
C. That the special conditions and circumstances do not result from the actions of the applicant. Most of the other lots are much deeper than this corner 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. This does not confer any undue privilege.
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 structure will not affect anything when it's done, but several people complained about construction in the street. The applicant said all construction traffic will be in the back and should not be a problem for the neighbors.
MS. KNOX MOVED TO ACCEPT THE FINDING OF FACT FOR THE FLETCHER APPLUICATION. MR. SEAN SECONDED, AND IT WAS UNANIMOUSLY APPROVED.
Respectfully submitted, Betty Allen (from tape)