Granville Community Calendar

BZBA Minutes May 8, 2008

Granville Board of Zoning & Building Appeals Minutes

May 8, 2008

 7:00 p.m.

 

Members Present:  Jean Hoyt, Amber Mitchell, Jeff Gill, Fred Ashbaugh, and

Bill Heim (Chair).

Member’s Absent: None.

Also Present: Alison Terry, Village Planner, Law Director, Mike Crites, Eric Rosenberg, Mark Clapsadle, Brian and Danielle Barclay, Greg Fracker, and Bryan Law. 

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: 

Eric and Susan Rosenberg, 395 North Pearl Street,  Application #08-38

Suburban Residential District (SRD-B), Architectural Review Overlay District (AROD)

The request is for approval of a variance to reduce the following setbacks:

Front yard setback from thirty feet (30’) to three feet (3’), the side yard setback from twelve feet (12’) to ten and one half feet (10 ½’) and the rear yard setback from forty feet (40’) to six and one half feet (6 ½’), for an attached garage and second story living space.  

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

Eric Rosenberg and Alison Terry 

Discussion:

Mr. Rosenberg explained the project and that the existing garage is not functional.   He stated that they have received approval by the Planning Commission pending approval by the BZBA.  Mr. Rosenberg stated that the only neighbor impacted by the variance would be Bob Ramsey at 399 North Pearl Street and he was present at the Planning Commission meeting consenting to the modifications.  Mr. Heim asked if the signature on the application is Mr. Rosenberg’s.  Mr. Rosenberg looked at the application and agreed that it was his signature.  Ms. Hoyt asked if the original garage will be incorporated in the project – with the new garage.  Mr. Rosenberg stated yes.  Ms. Terry clarified that the proposed staircase will be located within the garage and she stated that the Planning Commission commented on the roof line of the structure.  Mr. Ashbaugh asked if access by the fire department has been considered.  Mr. Rosenberg stated yes and that the garage will actually move two feet (2’) allowing for more access.    

The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #08-38: 

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.

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. 

Mr. Gill moved to approve Application #08-38 as submitted.   Seconded by Ms. Mitchell. Roll Call Vote: Ashbaugh (yes), Gill (yes), Mitchell (yes), Hoyt (yes), Heim (yes).  Motion carried 5-0.  Application #08-38 is approved as submitted. 

Brian and Danielle Barclay, 108 Chapin Place,  Application #08-39

Suburban Residential District (SRD-A).

The request is for approval of a variance to reduce the side yard setback from fourteen feet (14’) to nine feet (9’) along the southern property line and to reduce the rear yard setback from fifty feet (50’) to forty-four (44’) for a flagstone patio.  

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

Danielle Barclay and Alison Terry. 

Discussion: 

Danielle Barclay stated that they are looking to reduce the setback on the south side six feet and also six feet in the rear.  Ms. Barclay stated that they wish to install a flagstone patio.  She explained that they have previously had issues with water settling in the area for the proposed patio and they hope to install some drainage to alleviate this problem.  She stated that there is a risk that water could enter the home.  Ms. Barclay stated that she has hired Colorscapes (Greg Fracker) to do the work and they are available tonight to address any questions or concerns by the BZBA.  She stated that neighbors at 109 Chapin Place (Stukus’s) have had similar drains installed and this alleviated the water problems.  Mr. Gill clarified if the BZBA can give permission regarding drains.  Ms. Terry stated no – unless it is tied into the storm sewer system.  Mr. Heim asked if these drains will enter the storm sewer system and Ms. Barclay stated no.  Mr. Heim asked who owns the property behind Ms. Barclay.  She stated Denison University owns this property.  Mr. Ashbaugh recalled an application where the BZBA could not rule due to the imperviousness of the proposed material.  Ms. Terry stated that this matter is different because the request is for a setback variance, not for lot coverage.  

The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #08-39: 

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.

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, Mr. Ashbaugh, Ms. Hoyt and Mr. Heim voted yes.  Mr. Gill voted no and stated that he is inclined to see this statement as untrue if it is looked at as a setback issue only.

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. Hoyt moved to approve Application #08-39 as submitted.   Seconded by Mr. Gill. Roll Call Vote: Mitchell (yes), Gill (yes), Ashbaugh (yes), Hoyt (yes), Heim (yes).  Motion carried 5-0.  Application #08-39 is approved as submitted 

Bryan and Christine Law, 389 Glyn Tawel Drive,  Application #08-40

Planned Unit Development District (PUD).

The request is for approval of a variance to reduce the rear yard setback from fifty feet (50’) to twenty-nine feet (29’) for a detached garage.  

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

Bryan Law, Mark Clapsadle, and Alison Terry. 

Discussion: 

Bryan Law stated that he designed the home at 389 Glyn Tawel, but one thing he missed in the design was an appropriate laundry room.  He stated that he has looked at every option available to put a first floor laundry in the home and the proposal before the BZBA right now is the best option he has come up with.  Mr. Law stated that it would be in excess of $200,000 to do a front to back addition on the home.  He stated that homes in their development have three car garages and he feels this option is the least intrusive option.  Mr. Law stated that he intends to build the garage to look as though it has always been there.  Mr. Law stated that he has spoken with neighbors (Krajewski’s, Coleman’s, and Frayes) and has heard of no objections to his plans.  He indicated that he has not had any formal conversations with the Bryn Du Homeowner’s Association because he felt this was pointless without having a variance.  Ms. Terry stated that the Village of Granville does not enforce rules of the Bryn Du Homeowner’s Association and if the building of the garage were to be disputed – this would be a civil matter.  Mr. Heim asked what zoning is located behind Mr. Law.  Ms. Terry stated it is zoned Rural Residential District and is located in Granville Township.  Mr. Ashbaugh questioned why Mr. Law is not putting a third bay on the side of the existing garage.  Mr. Law stated that this is mostly due to new concrete and he feels it would look as though it were added on afterwards.  Mark Clapsadle stated that he is representing the Bryn Du Homeowner’s Association and he is the review architect for Bryn Du Woods.  He stated that there are three reasons why the Homeowner’s Association opposes the approval of the variance and the first reason is the style of the structure.  He stated that a second reason would be that they do not feel that a detached garage is appropriate for this style of home.  Mr. Clapsadle stated that the Board of Trustees and neighbors would like to maintain the view across the field where Mr. Law would like to place the garage.  Ms. Terry was asked if she received any letters in opposition to the variance.  Ms. Terry stated no.  Mr. Gill inquired if the BZBA is to consider the style of the structure in their decision.  Ms. Terry stated that they are only addressing the request for a setback variance.  Ms. Terry clarified that it is a fifty foot (50’) setback.  Mr. Law stated that there has been some discrepancy regarding the setback requirements.  He stated that his mortgage location survey indicates that there is a 40 foot (40’) setback requirement, while the Village Code states that there should be a fifty foot (50’) setback requirement.  Mr. Clapsadle stated that the Bryn Du Homeowner’s Association has been misinformed because they too believed there was a forty foot (40’) setback.  Mr. Heim questioned why the bay couldn’t be added to the existing structure considering the opposition by the Bryn Du Homeowner’s Association.  Mr. Law stated that in his conversations with neighbors – they preferred to see the option he is presenting today.  He added that he would have to install a retaining wall if he adds a bay on to the existing garage.  Mr. Law stated that he plans on planting trees so you cannot see the structure.  Mr. Gill suggested that it might be appropriate for the applicant to continue dialog with the Bryn Du Homeowner’s Association and request that the application be tabled.  Mr. Clapsadle stated that they are not arguing that Mr. Law did not come to the Homeowner’s Association first – although it would have been nice.  He stated that Mr. Law took the most cost effective route.  Ms. Hoyt stated that the typical length of a garage is twenty feet (20’) and the applicant is requesting twenty-four feet (24’).  Mr. Clapsadle stated that twenty-four feet (24’) is standard in Bryn Du.  Ms. Mitchell stated that she can appreciate Mr. Gill’s suggestion to continue discussion but she feel that they ought to vote on the application as presented this evening and she can understand why he didn’t go to them without first having the variance.  She stated that the BZBA should not be concerned with the discussion between the two parties.  Mr. Gill questioned if a variance is needed with either option for the location of the garage.  Ms. Terry stated yes and if a variance is granted by the BZBA it will be for the detached garage proposed by Mr. Law.  She explained that if these plans change he would need to come before the BZBA again.  Mr. Ashbaugh stated that he is bothered by the great opposition by the Bryn Du Homeowner’s Association.  Mr. Law questioned the testimony of someone who is not adjacent to his property.  Ms. Terry explained that testimony can be given by an adjacent property owner or any interested party.  She stated that they found the Bryn Du Homeowner’s Association to be an interested party – so their testimony is permissible.  Mr. Gill stated that it is his opinion that any letters of support by adjoining property owners would carry some weight in the decision making process.  Mr. Gill stated that he is not comfortable with the dialogue between the two parties and it is possible this could turn into outright litigation.  He stated that the applicant could ask for the application to be temporarily withdrawn.  Law Director Crites explained the procedure for tabling an application.  He stated that it is the applicant’s prerogative to agree or to not agree to tabling an application and the request to table would come from the applicant.   

The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #08-40: 

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.  The BZBA unanimously voted 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.  The BZBA unanimously voted No. 

c)      That the special conditions and circumstances do not results from the actions of the applicant. The BZBA unanimously voted 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.  Mr. Gill, Ms. Mitchell and Mr. Ashbaugh voted yes.  Ms. Hoyt and Mr. Heim voted no.  Ms. Mitchell added that they know that a property across the street has a detached garage.  Ms. Hoyt stated that they are not sure that the detached garage is a result of a request for a setback variance.  Mr. Gill stated that to answer “no” would mean that no one in this zoning has grounds to apply for a setback variance.  

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 #08-40.   Seconded by Mr. Gill. Roll Call Vote: Mitchell (yes), Hoyt (yes), Ashbaugh (no), Gill (yes), Heim (no).  Motion carried 3-2.  Application #08-40 is approved.

Approval of the Minutes

April 15, 2008

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

Roll Call Vote: Gill (yes), Hoyt (yes), Ashbaugh (yes), Mitchell (yes), Heim (yes).  Motion carried 5-0.  The minutes are approved as presented.  

Finding of Fact

Application #08-38                                                                               

Ms. Mitchell moved to approve the Findings of Fact for Application #08-38.  Seconded by Mr. Gill.

Roll Call Vote: Ashbaugh (yes), Gill (yes), Mitchell (yes), Hoyt (yes), Heim (yes).  Motion carried 5-0.  The Findings of Fact for Application #08-38 are Approved.  

Application #08-39

Mr. Gill moved to approve the Findings of Fact for Application #08-39.  Seconded by Ms. Mitchell. 

Roll Call Vote: Gill (yes), Mitchell (yes), Hoyt (yes), Ashbaugh (yes) Heim (yes).  Motion carried 5-0.  The Findings of Fact for Application #08-39 are Approved. 

Application #08-40

Mr. Gill moved to approve the Findings of Fact for Application #08-40.  Seconded by Ms. Hoyt. 

Roll Call Vote: Mitchell (yes), Hoyt (yes), Ashbaugh (yes), Gill (yes), Heim (yes).  Motion carried 5-0.  The Findings of Fact for Application #08-40 are Approved.  

Motion to Adjourn

Ms. Mitchell made a motion to adjourn.  Seconded by Mr. Gill.  Motion carried 5-0.  The meeting adjourned at 8:30 PM.  

Next Meeting:

June 12, 2008

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