Granville Board of Zoning & Building Appeals Minutes
April 15, 2008
Members Present: Jean Hoyt, Jeff Gill, Fred Ashbaugh, Amber Mitchell, Bill Heim (Chair).
Member’s Absent: None.
Also Present: Alison Terry, Village Planner, Fred Porcheddu, Vince Engel, Susan Schlicher, Steve Schlicher, Barbara Lechner, Dick Lechner, and Richard Downs.
Law Director Crites administered the Oath of Office to Amber Mitchell.
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.
He stated that the BZBA has thirty days to make a decision and it can be made in public or private. Mr. Heim stated that any appeals must be filed within thirty days to Village Council.
Richard Downs, 136 Shepherdson Court, Application #08-25
Suburban Residential District (SRD-B), Architectural Overlay Review District (AROD)
The request is for approval of a variance to reduce the rear yard setback from forty (40’) feet to twenty (20’) feet for a rear-deck and screened porch. The property is owned by Fred Porcheddu.
Mr. Heim swore in the following people who wished to testify:
Alison Terry, Fred Porcheddu, Vince Engel, Susan Schlicher, Steve Schlicher, Barbara Lechner, Dick Lenchner, and Richard Downs.
Richard Downs, 41704 Loudon Street, stated that he is the contractor for the proposed project and it does require a variance. Mr. Downs stated that he has worked his entire career in Granville. He stated that Mr. Porcheddu owns the lot that he would be encroaching upon and he has not heard of any objections by the neighbors regarding the plans for the improvements. Mr. Downs stated that the current size of the home is 22 x 24 feet and it is barely usable due to being so small.
Fred Porcheddu, 136 Shephardson Court, stated that he owns the property and has lived in the community for many years in the finest neighborhood anyone could ask for.
Mr. Heim asked what Mr. Porcheddu hopes to gain by the proposed expansion. Mr. Porcheddu stated that they would be doubling the size of the home by adding a kitchen and basement. He explained that the existing porch would move to the other side of the home. Mr. Heim asked if the Planning Commission has addressed the project. Ms. Terry stated that the Planning Commission has already made approval pending a variance by the BZBA. Mr. Gill asked where the existing porch is located on the presented plans. Mr. Porcheddu stated that it is currently located on the east side of the home. He added that Mr. Downs plans to use the existing materials on this porch to build the new porch (when possible.) Ms. Hoyt inquired if the second lot owned by Mr. Porcheddu was dividable. Ms. Terry stated that it could be sold as a separate lot or it could be combined with the other lot. Mr. Porcheddu stated that he has no intention to ever sell the lot in his lifetime. Mr. Ashbaugh inquired on the existing footprint of the screened in porch. Mr. Porcheddu clarified this in the plans and he stated that they intend to move the screened in porch approximately twenty (20’) feet. Ms. Mitchell asked if there have been any comments by neighbors for or against the proposal. Ms. Terry stated that she did have one neighbor come in to review the plans and she received no written comments from anyone else. Ms. Mitchell asked how the proposed size of the home will compare with other homes in the area. Ms. Terry stated that there is a ranch style home located next door and that most homes are generally not as small as 22x24. Ms. Hoyt added that the way the home is now doesn’t conform with other homes in the area. Mr. Ashbaugh clarified that the size of the existing home is comparable to a two car garage. Mr. Heim asked if the Planning Commission had any other comments or concerns. Ms. Terry stated that they were fine with the massing and scale and their only condition of approval was that the BZBA grant a variance for the setback.
The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #08-25:
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. Mr. Gill asked if the small size of the initial structure could be considered for its peculiarity. Ms. Terry stated that she would not see why this couldn’t be considered. Others on the BZBA agreed and there was an overwhelming response to view Criteria (a) as 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 the Ordinance. Each member of the BZBA answered that this is a TRUE statement.
c) That the special conditions and circumstances do not results from the actions of the applicant. Each member of the BZBA answered 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. Each member of the BZBA answered that this is a TRUE statement.
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. Each member of the BZBA answered that this is a TRUE statement.
Mr. Gill made a motion to approve Application #08-25 as submitted. Seconded by Ms. Hoyt. Roll Call Vote: Ashbaugh (yes), Hoyt (yes), Mitchell (yes), Gill (yes), Heim (yes). Motion carried 5-0. Application #08-25 is approved as submitted.
Finding of Fact
Ms. Ashbaugh moved to approve the Findings of Fact for Application #08-25. Seconded by Ms. Mitchell. Roll Call Vote: Gill (yes), Mitchell (yes), Ashbaugh (yes), Hoyt (yes), Heim (yes). Motion carried 5-0. The Findings of Fact for Application #08-25 are Approved.
Mr. Richard Downs thanked the BZBA for volunteering their time to sit on the board. He also thanked them for arranging their schedules to hold the meeting this evening.
Approval of the Minutes
April 10, 2008
Mr. Gill made a motion to approve the minutes as presented. Seconded by Ms. Hoyt. Roll Call Vote: Ashbaugh (yes), Gill (yes), Hoyt (yes), Mitchell (abstain), Heim (yes). Motion carried 4-0. The minutes are approved as presented.
Motion to Adjourn
Ms. Mitchell made a motion to adjourn. Seconded by Mr. Ashbaugh. Motion carried 5-0.
The meeting adjourned at 7:30 PM.
May 8, 2008