Granville Board of Zoning & Building Appeals Minutes
January 10, 2008 7:00 p.m.
Members Present: Amber Mitchell, Jean Hoyt, Jeff Gill, Fred Ashbaugh, Bill Heim (Chair).
Member’s Absent: None.
Also Present: Alison Terry, Village Planner, Allison Crites, Assistant Law Director, James Housteau and Herach Nazarlan.
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.
Mr. Heim moved to hear Item #3 Election of Chairperson and Vice Chairperson after ‘New Business.’
James Housteau & Dawn Vujevic, 124 Shephardson Court, #07-103
Suburban Residential District (SRD-B) regulations.
The request is for approval of a variance to increase the maximum height from thirty feet (30’) to thirty-six (36’) for a new single family home. The property is zoned Suburban Residential District-B (SRD-B).
Mr. Heim swore in those who planned to testify: Alison Terry, James Housteau, and Herach Nazarlan.
Discussion: Ms. Terry stated that the lot has a slope to the South with an eleven foot (11’) drop. She explained that the Code states that the height of the home from each frontal corner should not exceed thirty feet (30’). Ms. Terry stated that the applicant is proposing that the average height of the home be thirty-three point four (33.4’). She stated that when viewing the home from the front on Shephardson Court the height at the left corner would be thirty feet (30’), while the right corner height would be approximately thirty-six feet (36’) due to the first floor of the home.
James Housteau stated that he is the owner of the property. He stated that the description given by Ms. Terry is accurate and the variance is requested due to the nature of the lot. Mr. Housteau stated that his concern with bringing in dirt is that from the street there is already a three to four foot difference in elevation. He stated that the overall presence of the home would be more ominous if they brought dirt in. Mr. Housteau stated that they were originally looking at a different style of home to put on the lot, but ultimately went with the gothic style because they felt it fit better with the lot size.
Mr. Heim questioned if there would be three walls in the basement with windows. Mr. Housteau stated that the drawings in front of the Board are not accurate as far as window placement. He stated that when he became aware that a variance was needed, he halted all drawings to focus on the getting the variance first. Mr. Heim suggested that the front rock siding may look more pleasing broken up with windows and not be so monotonous. Mr. Housteau stated that he has not seen any incidences of gothic style homes having windows in this particular location, but he realizes this is subjective. He stated that personally he does not see the continuation of rock as monotonous. Mr. Housteau stated that they will be putting in a basement walk out which is not depicted in the drawings yet. Mr. Ashbaugh stated that he believed the building code would require this. Ms. Terry stated that the Building Code Department, as well as the Planning Commission, will be reviewing the application.
Ms. Hoyt questioned if the proposed 6/12 roof pitch for he garage was acceptable in the code. Ms. Terry stated that the Code only calls for an 8/12 roof pitch for the Commercial district, and not the Residential District.
Mr. Gill made a motion to Approve Application #07-084 as presented. Seconded by Ms. Hoyt.
Roll Call Vote: Mitchell (yes), Hoyt (yes), Ashbaugh (yes), Gill (yes), Heim (yes). Motion carried 5-0. Application #07-084 is approved as presented.
Finding of Fact
Mr. Heim read the following Findings of Fact:
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. Yes, due to the slope of the lot.
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. Yes, they cannot control the slope of the land..
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 #07-103. Seconded by Ms. Hoyt.
Roll Call Vote: Hoyt (yes), Mitchell (yes), Ashbaugh (yes), Gill (yes), Heim (yes). Motion carried 5-0. The Findings of Fact for Application #07-103 are approved.
Approval of the Minutes
December 13, 2007
Mr. Gill made a motion to approve the minutes as presented. Seconded by Ms. Hoyt
Roll Call Vote: Hoyt (yes), Mitchell (yes), Gill (yes), Ashbaugh (yes), Heim (yes). Motion carried 5-0. The minutes are approved as presented.
Election of Chair and Vice Chair
Mr. Gill made a motion to have Bill Heim continue as the BZBA Chair. Seconded by Mr. Ashbaugh.
Roll Call Vote: Gill (yes), Mitchell (yes), Hoyt (yes), Ashbaugh (yes), Heim (abstain). Motion carried 4-0. Mr. Heim is elected as the Chair.
Mr. Ashbaugh made a motion for Amber Mitchell to be the Vice Chairperson. Seconded by Mr. Gill.
Roll Call Vote: Ashbaugh (yes), Hoyt (yes), Gill (yes), Mitchell (yes), Heim (yes). Motion carried 5-0. Ms. Mitchell is elected Vice Chairperson.
Approval of the 2008 Hearing Schedule
Mr. Gill stated that he would suggest changing the hearing scheduled for February 14th to a different date since it may be difficult for some people to attend. He stated that February 14th fell on a four day weekend for the School District and that he had a Boy Scout trip and wouldn’t be able to attend either. Seconded by Ms. Mitchell. There were no objections to making the proposed change. Ms. Terry suggested holding the meeting on February 21st.
Roll Call Vote: Hoyt (yes), Gill (yes), Mitchell (yes), Ashbaugh (yes), Heim (yes). Motion carried 5-0. The hearing schedule is approved as amended above.
Motion to Adjourn
Mr. Ashbaugh made a motion to adjourn. Seconded by Mr. Gill. Motion carried 5-0. The meeting adjourned at 7:45pm.
Roll Call Vote to Adjourn: Ashbaugh (yes), Gill (yes), Hoyt (yes), Mitchell (yes), Heim (yes). Motion carried 5-0.
Next Meeting February 21, 2008