Granville Community Calendar

BZBA 4/14/05

BOARD OF ZONING AND BUILDING APPEALS
April 14, 2005
Minutes

Members Present:   Fred Ashbaugh, Don Dean (Vice Chair),  Bill Heim (Chair), Trudy Knox, Amber Mitchell 
Members Absent:
 Also Present:  Chris Strayer, Village Planner
Visitors Present:  Mike Frazier, Debbie McPeek, Dagmar Farris, Jack Hedge
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.

New Business:

Granville Public Library, 217 East Broadway - Side Yard Setbacks
 Mr. Strayer said the applicant wishes to maintain the existing 4' west setback and 8' east setback for the addition.
 Mike Frazier, from the Library Board introduced Jack Hedge, Architect.
 Mr. Hedge said they want a variance for side yard to add a 4,000 sq.ft. footprint addition to the library.  They have had preliminary sessions with GPC.  They want to use the setback that the existing building has.  There are a couple of protrusions on the building that don't set back as far as the existing one does. They are within rear yard setbacks. 
Mr. Heim said this board acted on the house behind and moving the Sinnett House {S.H.}.  Mr. Ashbaugh asked about the walkway, and Mr. Hedge explained the walkway designed for delivery trucks to unload.  Mechanicals will be removed put on the roof. He talked about fire exits.
 Ms. Knox asked whether there is a window that opens to let fresh air in.  Mr. Hedge said yes there are looking into that.  When the heat is on, it would be good to have an exhaust fan.

MS. KNOX MOVED TO APPROVE THE APPLICATION AS PRESENTED.  MR. ASHBAUGH SECONDED.

 Ms. Knox applied the application to the criteria for a setback 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 district.  Special circumstances are the property is going to be used for expansion and the only downtown property available, so other people would not be in a position to expand in that way.  Then it would be true.
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.   The Library is central to everyone in the community and a need for growth is well established.  To deny that would deny all Granville residents.  The setback goes along with the way the building is planned.  Setbacks are along a walkway 16' wide so it would not infringe upon a narrow path.  This would follow current setbacks and not encroach any more.  Many businesses in town benefit from side yard variances.
C. That the special conditions and circumstances do not result from the actions of the applicant.  They do and do not.  The extension of the building is an act of the Library Board, but they are following the original plan.  The building has protuberances that follow the design of the building already in existence so it is a special circumstance.  C, then, is false.   .
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 is true, it would not  grant special privileges.  It is a unique request in the village.
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.  This is true.  Actually it will enhance the lives of the village residents.

MS. KNOX MOVED TO APPROVE SETBACK VARIANCE.  MR. ASHBAUGH SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.

Ms. Mitchell had a concern about the fact that so many lots in the village are small, it's hard to add onto a building, so these are not applicable and No. A. would be false.  Mr. Dean said does this refer to all lots.  This is not peculiar.   Lots are small but it applies to all the lots.
S.H. was given to the Library and that's one reason to preserve it.

MR. DEAN MOVED THAT NO. A. IS AMENDED AS FALSE.  MS. MITCHELL SECONDED AND MOTION WAS UNANIMOUSLY APPROVED.

UPON A CALL ON THE MOTION WITH AMENDMENT ON THE ORIGINAL KNOX MOTION,  IT WAS UNANIMOUSLY APPROVED.

  Granville Public Library, 217 East Broadway - Parking

The Library is asking for a variance because although 66 spaces would be required, they only have two spaces planned, whereas no spaces are designated now. They feel the library can function without designated parking because this is a walking community and there are spots on Broadway and handicapped parking.  When they demolish the Pyle House and move the Sinnett House {S.H.}, there will be two spaces set aside for the Library. 

Debbie McPeek  noted that the street is already overcrowded as it is.  She would hope that if the Pyle House becomes a parking lot, that generous screening would be provided. Mr. Heim stated that the demolishing and moving of S.H.have already been approved.  Ms. McPeek said there is no way to provide parking for all patrons, but it would be good to have spaces for employees.   
Mr. Frazier said they are in active negotiations with folks to move S.H.  We would have other issues besides parking if the house is not moved.  If parking were to be provided on the Pyle lot, that would only add four spaces. 

MS. KNOX MOVED TO APPROVE APPLICATION 05-006 AS PRESENTED.  MR. ASHBAUGH SECONDED, AND MOTION WAS  APPROVED BY MAJORITY (Mr. Dean voted Nay).

Mr. Ashbaugh applied the application to the criteria for parking:

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. Like the above variance application, all structures in the village have a shortage of parking, so this is not a special circumstance. Ms. Knox thought it was because they are going to build the building without parking spaces.  Mr. Ashbaugh said it is false because this in not a peculiarity of the land or building.
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. This is true because in following the ordinance they could not do their expansion.  Other businesses have received parking variances. 
C. That the special conditions and circumstances do not result from the actions of the applicant.   .False; they do.
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 is true.  They are actually taking away parking spaces by building out the south side and doubling their size.  We have approved parking variances for restaurants, etc.
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. True, it will enhance the general welfare.

MR. ASHBAUGH MOVED TO APPROVE VARIANCE APPLICATION. MS. KNOX SECONDED AND IT WAS APPROVED BY MAJORITY VOTE (Mr. Dean voted Nay).


Minutes of February 10:  MS. KNOX MOVED TO APPROVE; MS.MITCHELL SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.

Next Meetings  May 12 and June 9:  

Adjournment:   7:50 p.m.
Respectfully submitted,
Betty Allen Hullinger

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