BOARD OF ZONING AND BUILDING APPEALS
December 21, 2006
Members Present: Fred Ashbaugh, Bill Heim (Chair), Jean Hoyt, Jim Jung, Amber Mitchell (Vice Chair)
Members Absent: None
Jessica Rettig, 111 West College St., Side yard setback variance
(Ms. Hoyt said the applicant is her neighbor and asked whether she should recuse herself. Because the application does not relate to Ms. Hoyt, she may remain on the panel.)
There is an existing garage in poor shape 7'6" from the property line, and the applicant wants to replace it with a one-car garage with a bedroom and bath upstairs to gain space for her in-laws to live. The footprint would be enlarged by one foot. She needs a variance from 10' to 6'6". The 10' is the distance the garage was originally erected from the west property line. The neighbors have been consulted and have no objections, but they did not want any more than a one-foot variance because they want a reasonable space between homes. They are putting in a foundation where there was none before.
Mr. Ashbaugh asked what good would one foot do, and Ms. Rettig said it gives them 24 sq.ft upstairs, and in the garage it will give more room for the car; the width is 13', which is a very tight space. It will allow them to make an entrance from the garage into the house.
Mr. Heim asked whether she considered placing the structure farther back on the lot and she replied that they thought about that but would like space for a fenced-in area for the kids. The house is on a hill and would be more of a challenge and an expense.
Mr. Ashbaugh noted that if she used the existing footprint, she would not need a variance. Mr. Heim asked whether the overhang would be greater than at present and was told, No, the new overhang will be the same as the original. They want the addition to match the house.
Paul Jakob, neighbor, expressed the hope that in the change, the old house will be brought into aesthetic conformance with the new. He does not have an objection to the structure blocking his view.
MR. ASHBAUGH MOVED TO APPROVE THE SIDE YARD SETBACK FROM 10' TO 6'6". MS. MITCHELL SECONDED, AND MOTION WAS APPROVED BY MAJORITY WITH ONE NEGATIVE VOTE (MR. HEIM).
Finding of Fact:
Members considered the criteria for variance for two signs:
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. True. Special circumstances exist with the structure. It's a 13' garage which is not by today's construction standards an acceptable width for a garage; thus a variance is necessary.
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. False, there are similar circumstances.
C. That the special conditions and circumstances do not result from the actions of the applicant. True, the special circumstance is the small garage. The applicant did not cause that.
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. False, there are other garages in the setback.
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. It would not adversely affect others.
MR. ASHBAUGH MOVED TO APPROVE THE FINDING OF FACT. MS. MITCHELL SECONDED, AND MOTION WAS APPROVED BY MAJORITY WITH ONE NEGATIVE VOTE (MR. HEIM).
Keith Vetter, 457 North Granger Street
Mr. Vetter asked to table for one more meeting so he can have more time to consider the tree.
Minutes of September 14: MR. JUNG MOVED TO APPROVE MINUTES AS DISTRIBUTED. MS. HOYT SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Adjournment: 7:30 p.m.
Next Meeting: January 11, 2007