Granville Community Calendar

BZBA Minutes June 12, 2008

Granville Board of Zoning & Building Appeals Minutes

June 12, 2008

7:00 p.m.

 

Members Present: Amber Mitchell, Jeff Gill, Fred Ashbaugh, and Bill Heim (Chair).

Member’s Absent: Jean Hoyt.

Also Present: Alison Terry, Village Planner, Tim and Cathy Klinger, and Mr. and Mrs. Robert James Betts. 

Mr. Heim stated that he would like to change the agenda to hear Application #08-52 first.  Mr. Gill made a motion to amend the agenda and hear Application #08-52 first.  Seconded by Mr. Ashbaugh. Roll Call Vote to Amend the Agenda:  Mitchell, Gill, Ashbaugh, Heim. Motion carried 4-0. 

Description of Procedures

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 any appeals are heard by Village Council.  

New Business: 

Robert James Betts, 13 Sunset Hill,  Application #08-52

Suburban Residential District (SRD-A).

The request was for approval of a variance to reduce the side yard setback from fifty feet (50’) feet to thirty-one feet (31’) for a rear deck.  

Mr. Heim swore in the following people who wished to testify:

Robert James Betts and Alison Terry. 

Discussion: 

Robert James Betts, 13 Sunset Hill, stated that he would like to install a rear deck that would face the woods.  Alison Terry explained that the existing home as it sits today already encroaches on the rear yard setback.  

The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #08-52: 

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.  Each member of the BZBA agreed that this statement was true.  Mr. Gill stated that the house is already located within the encroachment.

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 agreed that this statement was true.

c)      That the special conditions and circumstances do not results from the actions of the applicant. Each member of the BZBA agreed that this statement was true.

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 agreed that this statement was 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.  Each member of the BZBA agreed that this statement was true. 

Ms. Mitchell moved to approve Application #08-52 as submitted.   Seconded by Mr. Gill. Roll Call Vote: Mitchell (yes), Gill (yes), Ashbaugh (yes), Heim (yes). Motion carried 4-0.  Application #08-52 is approved as submitted. 

(Mr. Heim recused himself from discussion and voting regarding Application #08-50 and left the Council Chamber’s.) 

Tim and Cathy Klinger, 219 Summit Street,  Application #08-50

Village Residential District (VRD), Architectural Overlay Review District (AROD)

The request was for approval of a variance to reduce the rear yard setback from ten feet (10’) to three feet (3’) for a detached garage. 

Mr. Heim swore in the following people who wished to testify:

Tim Klinger and Alison Terry 

Discussion:

Tim Klinger, 219 Summit Street, explained that the topography is unusually hilly and wooded.  He stated that their architect felt that this particular location would be the most appropriate location for the proposed detached garage.  He stated that it is the least invasive location in terms of the environment.  Ms. Terry stated that she met with Mr. Klinger at the property and they looked at several options for the location of the garage – including in front of the property and to the side lot.  She stated that an embankment in the front the property would prohibit the garage’s placement because it would require a lot of retaining systems.  Ms. Terry explained that the side lot was not feasible due to the topography and the location of the gas meter.  Ms. Terry stated that this application has been approved by the Planning Commission pending approval by the BZBA.  Mr. Gill asked if there has been any word by the next door neighbor, Mr. Rittenhouse.  Ms. Terry stated that she has heard no objections to the application.  She stated that she did receive a letter from Al Packer stating that he has no objections to the application.  Mr. Klinger stated that he has had discussions with Mr. Rittenhouse and he did not indicate any problems.  He stated that Mr. Rittenhouse does plan to do some plantings to the rear of his property.  Ms. Terry asked Mr. Klinger if he was able to locate the pins.  Mr. Klinger stated that a recent survey did locate the pins.  

The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #08-50: 

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.  Each member of the BZBA agreed that this statement was true due to the topography.

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.  Ms. Mitchell and Mr. Ashbaugh agreed that this statement was true.  Mr. Gill stated that this would be a “feeble true” for him. 

c)      That the special conditions and circumstances do not results from the actions of the applicant. Each member of the BZBA agreed that this statement was true.

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.  Ms. Mitchell and Mr. Ashbaugh agreed that this statement is true.  Mr. Gill stated that this would be a “feeble true” statement to him because he feels that the setback encroaches closer than they like to grant variances.  He agreed that there are many variances issued in that immediate area.

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 agreed that this statement was true. 

Mr. Gill moved to approve Application #08-50 as submitted.   Seconded by Mr. Ashbaugh. Roll Call Vote: Ashbaugh (yes), Gill (yes), Mitchell (yes).  Motion carried 3-0.  Application #08-50 is approved as submitted. 

(Mr. Heim re-joined the BZBA meeting at 7:25 PM) 

Approval of the Minutes

May 8, 2008

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

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

Motion carried 4-0.  The minutes are approved as presented.  

Findings of Fact 

Application #08-52

Mr. Ashbaugh moved to approve the Findings of Fact for Application #08-52.  Seconded by Mr. Gill. 

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

Motion carried 4-0.  The Findings of Fact for Application #08-52 are Approved.  

Application #08-50                                                                               

Ms. Ashbaugh moved to approve the Findings of Fact for Application #08-50.  Seconded by Mr. Gill. 

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

Motion carried 4-0.  The Findings of Fact for Application #08-50 are Approved.  

Excuse Absent BZBA Board Member’s

Mr. Gill made a motion to excuse Jean Hoyt from the June 12, 2008 BZBA meeting.  Seconded by Mr. Ashbaugh.  

Roll Call Vote:  Mitchell, Gill, Ashbaugh, Heim.  Motion carried 4-0. 

Motion to Adjourn

Mr. Heim made a motion to adjourn.  Seconded by Ms. Mitchell.  Motion carried 4-0.  The meeting adjourned at 7:30 PM.  

Next Meeting:

July 12, 2008

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