BOARD OF ZONING AND BUILDING APPEALS
September 9, 2004
Members Present: Don Dean, Bill Heim (Chair), Amber Mitchell, Tym Tyler (Vice Chair)
Members Absent: Trudy Knox
Also Present: Chris Strayer, Village Planner
Visitors Present: Sharon Phelps, Diane Paetz, Lillian Merrick, Jim Paton, Steve Mullaney
Citizens' Comments: None
Swearing in: The Chair explained the process for the upcoming hearing and swore in all those who wished to speak during the evening.
Sharon Phelps, 120 W. Broadway - Change of Use
The applicant wishes to change the use from the Callard Co. to her own business. Her business is by appointment rather than drop-in, and there will be no UPS delivery trucks, as was the case with the previous tenant. Mr. Strayer said in the future there might be a second professional office in the building, and Ms. Phelps said that person would occupy the second floor, and it would be a professional person. Her hours would be 9-5 and by special appointment. Mr. Strayer said the parking situation was satisfactorily decided for the previous tenant.
The neighboring residents have been mostly positive. One neighbor would like to see this revert back to a residence, but this neighbor is not bothered by a professional office. Mr. Strayer said nonconforming uses are limited in what can be done or changes people want to make. When it gets too big, it might revert back to its previous use.
MR. TYLER MOVED TO APPROVE THE APPLICATION FOR CHANGE OF USE. MR. DEAN SECONDED, AND IT WAS UNANIMOUSLY APPROVED.
Mr. Dean applied the application to the criteria for change of use:
The proposed change of a nonconforming use will not increase the burden on public facilities and service such as streets, utilities, schools, and refuse disposal imposed by the existing nonconforming use. The use will not increase the burden; in fact, it will be less with the applicant's business than with the previous business..
The proposed nonconforming use will not be detrimental nor disturbing to existing uses in the district and will not entail a use which constitutes a nuisance or hazard to any persons in the surrounding use district. This site has already been used as a business, and based on the number of clients, it should not cause any hardship on anyone.
MR. TYLER MOVED TO APPROVE THE CHANGE OF USE; MS. MITCHELL SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Steven Mullaney, 210 Carreg Cain Drive - rear yard setback
Mr. Mullaney, representative from Southgate Corp., reported that a surveyor detected an error in the setback when a title search was done. The house was built 6" over the rear setback line. It is actually 39½' from the property line. Some people wanted to casually change approved plans to serve their goals when these houses were built, and Southgate let them do so. As a result, the house position was shifted a little bit. The Village of Granville owns the property next door, at Bryn Du Mansion.
MR. DEAN MOVED TO APPROVE APPLICATION AS SUBMITTED. MR. TYLER SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
MR. DEAN 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. There are no special circumstances that would create a special situation.
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. If we took this literally, we would be depriving applicant of rights. None of the other houses have this problem.
C. That the special conditions and circumstances do not result from the actions of the applicant. Yes, they do. Circumstances resulted from construction methods and an error in placing the building on the property
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. N/A
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. There are no health or safety concerns involved.
MS. MITCHELL MOVED TO ACCEPT THE FINDING OF FACT FOR APPLICATION 04-112. MR.DEAN SECONDED, AND IT WAS UNANIMOUSLY APPROVED.
Steven Mullaney, 250 Carreg Cain Drive, Rear setback
Mr. Strayer said that as in the above application, this house was built 2' larger than the plans indicated and it is 5' inside the setback. This is the fault of the builder, who is long gone. Technically, it is the fault of both parties because when modifications were made, people were supposed to come to BZBA, but neither this owner nor the owner in the above application did. The owners made the request of the engineer who built the house. In those days the original house owner would get together with the contractor and make a few changes. A majority of these houses are close to the front, and this house is bigger than adjoining houses.
Mr. Mulaney, representative from Southgate Corp., said he did not know why this discrepancy was not discovered during the mortgage survey, but his company found it when they were checking other surveys.
Mr. Heim noted in comparing the drawings there is an arithmetic error as a result of this discrepancy. Mr. Mullaney guessed the plans were 5' off; and another error appears in the other page. Mr. Heim did not think we should be acting upon guesses, and he wants it correct. Mr. Tyler said there is not much difference between 2' and 5', but the drawings on file should be correct. Ms. Mitchell wants to wait until the drawings are correct before we approve this. Mr. Mullaney said they will resubmit correct drawings.
MR. HEIM MOVED TO TABLE APPLICATION 04-113 PENDING A NEW SURVEY AND ACCURATE DRAWINGS. MR. DEAN SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Minutes of August 12, 2004: MR. TYLER MOVED TO APPROVE MINUTES AS PRESENTED; MS. MITCHELL SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Next Meetings: October 14 (Betty will be absent) and November 11
Adjournment: 7:46 p.m.