Granville Community Calendar

BZBA 6/14/07

BOARD OF ZONING AND BUILDING APPEALS

June 14, 2007 Minutes

Members Present: Fred Ashbaugh, Bill Heim (Chair), Jean Hoyt, Jim Jung, Amber Mitchell (Vice Chair)

Members Absent: none

Visitors Present: John Noblick

Others Present: Mollie Prasher, Clerk of Council

Swearing in:

New Business:

Dave and Andrea McCombs, 117 Chapin Place – Rear yard setback

        The code requires a 50’ setback in the rear, and currently it is 45’.  The owners are requesting it to be reduced to 31’ from the lot line.  As the owners are in China, Mr. Noblick (builder) presented the application, saying they have several adopted children and need more space.  He described the proposed decking in detail. On the north they will remodel under the existing two-story deck and add to the screen porch.  The south will have a new lower deck with egress, extending to 31’ from the lot line.  In the middle they will put on a 12’ addition for a dining area and fill in a 12’ notch for a bedroom.  The roof area of the screen porch will be bumped out 6’ for a walk-in egress.   All of these areas do not go out further than what is there now except for the master bedroom in the rear.

        He said the rear yard slopes away and is 4’ to 5’ below the house, and decks/ steps are necessary to access the house.  The rear of the property backs up to hilly, wooded Denison property

        Ms. Hoyt asked whether we have heard from neighbors, and the answer was No.  She then asked whether it will fit in with the neighborhood, and Mr. Noblick said other houses have big decks on the front as well as the back.  It’s a private area, and they want to enjoy the woods.  The neighbors can hardly see the house, which is on a cul de sac.

        Mr. Ashbaugh noted that there are not many properties that have a 50’ setback.

        Mr. Heim wondered whether the 45’ setback was granted a variance, and this may have been built before the code was enacted.  He also asked whether Mr. Noblick is building the fence he observed while in the area., He responded No.

        Mr. Noblick said the area on the left is a big living area with glass, and they did not want to knock that down.  They wanted to bump it out for more dining area.

MS. MITCHELL MOVED TO APPROVE 07-037 FOR A REAR VARIANCE AS REQUESTED. MS. HOYT SECONDED. MOTION WAS APPROVED BY MAJORITY WITH ONE NAY VOTE (MR. HEIM).

Finding of Fact:

         Ms. Mitchell 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. False, because the circumstances of this particular piece of land are similar to other properties nearby.

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. True, because of the layout of the land in that area. Other properties enjoy similar rights.

C. That the special conditions and circumstances do not result from the actions of the applicant. False, they do result from actions of the applicant.

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. True.

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. True.

MS. MITCHELL MOVED TO APPROVE THE FINDING OF FACTS. MS. HOYT SECONDED. MOTION WAS UNANIMOUSLY APPROVED.

Minutes of December 21, 2006: MR. JUNG MOVED TO APPROVE MINUTES AS SUBMITTED. MR. ASHBAUGH SECONDED. MOTION WAS UNANIMOUSLY APPROVED.

{Mr. Vetter chose to cancel the application at this time.}

Mr. Jung noted that we have to be careful to identify people who speak. It is very important that everyone sign the register.

        Ms. Hoyt noted that these meetings seem to be held on a very professional level.

Adjourned: 7:26 p.m.

Next Meetings: July 12 and August 9

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