Granville Community Calendar

BZBA 12/13/07

Granville Board of Zoning & Building Appeals

Minutes

December 13, 2007 7:00 p.m.

 

Members Present:  Amber Mitchell, Jean Hoyt, Fred Ashbaugh, Bill Heim (Chair).

Member’s Absent: Jeff Gill.

Also Present: Village Planner, Alison Terry, Laura Andujar, Jeanne Crumrine, Jack Thornborough, Jim and Donna Brooks, Marilyn Keeler, John and Georgia DeNune, and Chip Gordon. 

Mr. Heim explained the proceedings of the board and that the meeting is not a public hearing, yet that the meeting is open to the public and it is a quasi judicial proceeding. 

Old Business:

Speedway Superamerica LLC, Speedway Drive, #07-073

Planned Commercial District (PCD); also required to follow some of the Suburban Business District (SBD) regulations. 

Variance request was submitted by Laura Andujar for the property located on Speedway Drive (vacant lot) west of the Arby’s restaurant and owned by Speedway Superamerica, LLC.  The request is for approval of a variance to reduce the requirement that roofs shall have a minimum pitch of 8/12 to a zero pitch requirement to allow for the construction of a flat roof.  

Mr. Heim swore in those witnesses who planned to speak during the hearing.  They included Alison Terry and Laura Andujar.  Mr. Heim also swore in Jeanne Crumrine when she arrived to the meeting at 7:10 PM. 

Discussion: Mr. Heim asked if there was a motion to remove Application #07-073 from the table.  

Ms. Mitchell made a motion to remove Application #07-073 from the table.  Seconded by Ms. Hoyt. 

Roll Call Vote to remove Application #07-073: Mr. Ashbaugh (yes), Ms. Hoyt (yes), Ms. Mitchell (yes), Mr. Heim (yes).  Motion to remove Application #07-073 from the Table carried 4-0.  

Laura Andujar, 88 Arden Place, Hebron, distributed photos to the BZBA Board of possible roof pitches.  She asked for suggestions and guidance on how to move forward from here.  The various photos were labeled as Exhibits "A, B, C, and D" and are included as part of these minutes.  Ms. Crumrine explained that a flat roof allows them to hide the mechanicals, such as air-conditioning.  Ms. Andujar stated that they prefer Exhibit "D" because it has a flat roof on the interior with 8/12 pitched peaks going around the building structure.  The BZBA agreed that Exhibit D appears to be the best alternative.  

Ms. Mitchell made a motion to approve Application #07-073 with submitted Exhibit "D" with the condition that the exterior perimeter of the building consists of 8/12 roof pitches with the interior roof being flat and that the flat roof is not visible from any side of the building.  Seconded by Ms. Hoyt. 

Roll Call Vote: Hoyt (yes), Ashbaugh, (yes), Mitchell (yes), Mr. Heim (yes).  Motion to Table Application #07-073 carried 4-0. 

Application #07-073 is Approved  with submitted Exhibit D with the condition that the exterior perimeter of the building consists of 8/12 roof pitches with the interior roof being flat and that the flat roof is not visible from any side of the building. 

New Business:

Fred Ashbaugh recused himself from discussions regarding Application #07-099.  He stated that he is an adjoining property owner and he removed himself from the BZBA Board table and was seated in the audience for the entire discussion and vote.  

238 East Broadway Street, #07-099

Architectural Review Overlay District (AROD)

Village Business District (VBD)

Jim and Donna Brooks

Marilyn Keeler – owner

The request is for approval of a conditional use to allow 70% of the principal structure to be used as a single family residential use for Jim and Donna Brooks.  The remaining 30% of the principal structure will be used for a real estate office, also by Jim and Donna Brooks.  

Mr. Heim swore in those witnesses who planned to speak during the hearing.  They included Alison Terry, Jim and Donna Brooks, and Fred Ashbaugh.  

Discussion: Mr. Brooks stated that they would like to locate an HER satellite real estate office in 30% of the home and live in the other 70%.  Mr. Heim asked how many individuals would be living in the home.  Mr. Brooks stated two.  He went on to say that he and his wife would be working out of the real estate office, and they also have one full time administrative assistant.  Mr. Brooks stated that his daughter is also an agent out of the office, but she will primarily be working out of her home.  Mr. Heim asked for clarification on the location of the property line.  Ms. Terry stated that his handout was correct and she stated that the Planning Commission has approved parking and the 30% usage for a real estate office on the condition that the BZBA variance be granted.  Ms. Hoyt indicated that the code states that the lot coverage for buildings, driveways and parking areas should not exceed 70%.  Ms. Terry stated that the total square footage is 6,600 feet and the buildings, driveways and parking areas make up 3,657 which equals 55%  lot coverage, meeting the 70% requirement.  Ms. Terry explained why the conditional use is needed.  She stated that the property is located in the Village Business District, and has been used as a single family residence.  She stated that the person who previously lived there moved out over a year ago and with the elapsed time a conditional use is now required.  She stated that technically the property is non-conforming and cannot be used for either Residential or Business use at this time.  

Fred Ashbaugh, 121 North Pearl Street, stated that he is a property owner within 200 feet of 283 East Broadway.  He stated that it is his understanding that if the BZBA does not vote yes on the application, 70% of the structure is not usable.  Ms. Terry confirmed his statements are true.  Mr. Ashbaugh stated that the variance is required to use 100% of the home and he is supportive of it since it will be low volume traffic and a residential use.  Ms. Terry agreed that the request is a good transitional use with low traffic.  Ms. Hoyt asked if the conditional use is transferable.  Ms. Terry stated that the conditional use goes with the home as long as it is not left vacant for over a year.  She went on to say that the structure could only be used  for is single family residential and a real estate office if the home were to be sold.     

Ms. Hoyt made a motion to approve Application #07-099 on the condition that 30% of the structure is used as a real estate office and 70% as single family residential.  Seconded by Ms. Mitchell. 

Roll Call Vote: Ms. Mitchell (yes), Ms. Hoyt (yes),  Mr. Heim (yes).  Motion to approve Application #07-099  carried 3-0.  (Mr. Ashbaugh did not vote) 

Application #07-099 is Approved with the condition that 30% of the structure is used as real estate office and the other 70% as single family residential.  

Mr. Ashbaugh rejoined the BZBA meeting at 7:40 PM.  

Finding of Fact

Mr. Heim read the following Findings of Fact for Application #07-073:

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 districts.  No.

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 the Ordinance.  Yes.

c)      That the special conditions and circumstances do not results from the actions of the applicant.  No.

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.  Yes.

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.  Yes. 

Ms. Mitchell moved to approve the Findings of Fact for Application #07-073.  Seconded by Ms. Hoyt. 

Roll Call Vote: Hoyt (yes), Ashbaugh (yes), Mitchell (yes), Heim (yes).  Motion carried 4-0.  The Findings of Fact for Application #07-073 are Approved.  

Mr. Ashbaugh recused himself from discussions regarding the Findings of Fact for Application #07-099. 

Mr. Heim read the following Findings of Fact for Application #07-099:

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 districts.  No.

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 the Ordinance.  Yes.

c)      That the special conditions and circumstances do not results from the actions of the applicant.  No.

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.  Yes.

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.  Yes. 

Ms. Hoyt moved to approve the Findings of Fact for Application #07-099.  Seconded by Ms. Mitchell. 

Roll Call Vote: Hoyt (yes),  Mitchell (yes), Heim (yes).  Motion carried 3-0.  The Findings of Fact for Application #07-099 are Approved.  (Mr. Ashbaugh recused himself) 

Approval of the Minutes

November 8, 2007

Mr. Ashbaugh made a motion to approve the minutes as presented.  Seconded by Ms. Hoyt.

Roll Call Vote: Hoyt (yes) , Mitchell (yes), Ashbaugh (yes), Heim (yes).  Motion carried 4-0.  The minutes are approved as presented.  

Motion to Excuse

Mr. Heim made a motion to excuse Mr. Gill from the December 13, 2007 BZBA meeting.  Seconded by Mr. Ashbaugh. 

Roll Call Vote: Ashbaugh (yes), Hoyt (yes) Mitchell (yes), Heim (yes). 

Motion carried 4-0.

Motion to Adjourn (7:55 PM)

Ms. Mitchell made a motion to adjourn.  Seconded Mr. Ashbaugh. 

Roll Call Vote: Ashbaugh (yes), Mitchell (yes), Hoyt (yes), Heim (yes). 

Motion carried 4-0.  The meeting adjourned at 7:55pm.  

Next Meeting:  January 10, 2008

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