Granville Board of Zoning & Building Appeals Minutes
March 6, 2008 7:00 p.m.
Members Present: Fred Ashbaugh, Jean Hoyt, Jeff Gill, Bill Heim (Chair).
Member’s Absent: Amber Mitchell.
Also Present: Alison Terry, Village Planner, Michael Crites, Law Director, Stephen Fowler.
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. Crites gave the Oath of Office to and swore in Fred Ashbaugh and Jeff Gill.
Stephen Fowler, 128 Cherry Street, #08-06
Village Residential District (VRD) regulations.
The request is for approval of a variance to decrease the minimum side yard setback for the northern property line from ten (10) feet to six foot one inch (6’ 1”) and to increase the lot coverage from fifty (50%) percent to sixty-nine point ninety-eight (69.98%) percent for a rear addition. The property currently has a total lot coverage of sixty-eight point fifty-three (68.53%) percent and the existing rear addition sets back four foot one inch (4’1”) from the northern property line.
Mr. Heim indicated that Fred Ashbaugh would be recusing himself from discussion of this application. Mr. Ashbaugh then left his position as a BZBA member and sat in the audience.
Mr. Heim swore in those who planned to testify: Alison Terry and Stephen Fowler.
Discussion: Mr. Fowler explained that the Planning Commission had already reviewed and approved the architectural plans to the home, contingent upon the Board of Zoning& Building Appeals approval. He went on to explain that the modifications he was proposing resulted in an additional forty-six (46) square feet of lot coverage.
Mr. Heim asked if there was any resolution with the encroachment of the garage on the neighbor’s property. Mr. Fowler explained that he wasn’t planning any modifications to the garage at this point in time and that he hadn’t submitted anything with this application. Mr. Heim asked if Mr. Fowler had heard anything from his neighbors regarding the requested variance. Mr. Fowler indicated that he sent a letter to all of his neighbors explaining his request and that he had spoken with them as well.
Mr. Heim reviewed the Criteria for Approval of the variance as follows:
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 this Ordinance. Yes.
c. That the special conditions and circumstances do not result from the actions of the applicant. Yes.
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.
Mr. Gill made a motion to “Approve the variances as requested in application #08-06.” Seconded by Ms. Hoyt.
Roll Call Vote: Hoyt (yes), Gill (yes), Heim (yes). Motion carried 3-0. Application #08-06 is approved as presented.
Mr. Gill moved to approve the Findings of Fact for Application #07-06. Seconded by Ms. Hoyt.
Roll Call Vote: Hoyt (yes), Gill (yes), Heim (yes). Motion carried 3-0. The Findings of Fact for Application #08-06 are approved.
Mr. Ashbaugh left the audience and rejoined the Board meeting.
Approval of the Minutes
January 10, 2008
Mr. Gill made a motion to approve the minutes as presented. Seconded by Mr. Ashbaugh
Roll Call Vote: Hoyt (yes), Gill (yes), Ashbaugh (yes), Heim (yes). Motion carried 4-0. The minutes are approved as presented.
Motion to excuse Amber Mitchell
Mr. Gill made a motion to excuse Amber Mitchell’s absence. Seconded by Ms. Hoyt.
Roll Call Vote: Gill (yes), Hoyt (yes), Ashbaugh (yes), Heim (yes). Motion carried 4-0. Ms. Mitchell’s absence is excused.
Motion to Adjourn
Mr. Heim made a motion to adjourn. Seconded by Mr. Gill. Motion carried 4-0. The meeting adjourned at 7:30 pm.
Next Meeting April 10, 2008