Granville Board of Zoning & Building Appeals Minutes
November 13, 2008
Members Present: Jean Hoyt, Amber Mitchell (Chair), Jeff Gill, Fred Ashbaugh, and
Member’s Absent: None.
Also Present: Village Planner, Alison Terry, Assistant Law Director, Allison Crites.
Visitors: Gillian Jones and Phillip Templeton.
Description of Procedure:
Ms. Mitchell 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.
She stated that the BZBA has thirty days to make a decision and any appeals are heard by Village Council. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence.
Gillian Jones, 128 Shepardson Court, Application #08-144
Suburban Residential District-B (SRD-B)
The request is for approval of a variance to reduce the required southern side yard setback for placement of a storage shed.
Gillian Jones, 128 Shepardson Court, was present at the hearing. Ms. Terry explained that there was a neighbor who wrote to the Village explaining that she was not able to attend the meeting, and requested that it be rescheduled for a time that they could offer testimony because they feel they would be directly impacted by the granting of this particular variance applied for by the applicant. Ms. Jones stated that she typically has classes on Thursday evenings, and she made arrangements to be at this evening’s meeting. She stated that she is also available on December 18, 2008. Ms. Terry stated that this is not a set BZBA meeting, but they could schedule a special meeting if the other member’s of the BZBA are available. The meeting is tentatively scheduled for December 18, 2008 at 7:00 p.m.
Mr. Gill moved to table Application #08-144 until the tentatively scheduled December 18, 2008 special meeting. Seconded by Mr. Montgomery. Roll Call Vote: Ashbaugh (yes), Gill (yes), Montgomery (yes), Hoyt (yes), Mitchell (yes). Motion carried 5-0. Application #08-144 is tabled.
Phillip A. Templeton, 405 ½ West Maple Street, Application #08-146
Suburban Residential District-B (SRD-B)
The request is for approval of the following variances:
1) To reduce the minimum lot area from 10,000 square feet to 7,667 square feet;
2) To reduce the minimum lot frontage from 75 feet to 0 feet;
3) To reduce the front yard setback from 30 feet to 13.5 feet; and
4) To reduce the eastern side yard setback from 12 feet to 10.4 feet.
Ms. Mitchell swore in the following people who wished to testify:
Alison Terry and Phillip A. Templeton.
Phillip A. Templeton, 405 ½ West Maple Street, stated that he would like to purchase thirty feet of land from a neighbor to ultimately build a workshop. Mr. Templeton explained that because of the age of his property - nothing is in conformance. He went on to say that he also inquired on purchasing the vacated road beside him, but this hasn’t been worked out. Mr. Templeton stated that the granting of this variance will clean up the side lot lines, as well as ingress and egress from his property. He stated that he is asking the BZBA board to give him some conformity with his lot. Mr. Templeton stated that the next step in this process will be to apply for a lot split and then a building permit to build the workshop. Ms. Terry stated that this is a situation with a grandfathered non-conforming lot and once Mr. Templeton makes the proposed changes it loses its grandfathered status. She went on to say that he can meet the setback requirements as it is now, but by adding this sliver of land it releases the grandfather status. Mr. Montgomery clarified that Mr. Templeton is not trying to change the location of any structures and if he weren’t adding anything on the property it could stay as it currently is. Ms. Terry stated yes and by adding on - the whole lot has to meet the Code requirements. Mr. Montgomery asked what sort of changes will occur on the lot. Mr. Templeton stated he would be purchasing the back thirty feet of the property towards the bike path. Ms. Terry stated that essentially, Mr. Templeton would be taking a small lot and making it “more conforming” than it currently is. Ms. Mitchell asked what would happen if the Board were to vote no. Ms. Terry stated that the applicant would not be able to split the lot and it would remain as it currently is. Mr. Templeton stated that he plans to build a 12’x24’ structure on the property. Mr. Montgomery stated that he read in a narrative that there is no access onto the property except for the easements that have been provided. He asked if the granting of this variance will fix the access issue. Ms. Terry stated no. Mr. Ashbaugh asked about the property that belongs to the people up front. He asked what they are doing with the rest of the property. Mr. Templeton stated nothing and they owned it as a buffer from a bike path. Mr. Templeton stated that he had the option to buy the whole lot, but he chose not to. Mr. Ashbaugh asked if there was a tremendous price difference. Mr. Templeton stated yes and the appraisal came in very high. Mr. Ashbaugh asked if the lot could be built on. Ms. Terry stated that if there was an access easement it possibly could be built on as long as it met all of the Code requirements at that time. Mr. Ashbaugh asked if the property is even large enough to build a structure. Ms. Terry stated yes. Ms. Hoyt stated that this lot split decreases the value of the seller’s property and this is to Mr. Templeton’s benefit. Mr. Ashbaugh stated that if the BZBA allows someone to sell a portion of their lot and then they come and say the lot has no value and is useless – this could create a problem. Assistant Law Director Crites stated that split is not before the BZBA today. Mr. Montgomery asked if there is any issue of Mr. Oliverio’s lot becoming smaller. Ms. Terry stated no that there is not a building on the land and there are no setback requirements because no structure exists there. Mr. Templeton also clarified that he is having a survey done.
The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #08-146:
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 he 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 #08-146 contingent upon the lot split and combination as presented in attached Exhibit “A”. Seconded by Ms. Hoyt.
Roll Call Vote: Ashbaugh (yes), Gill (yes), Montgomery (yes), Hoyt (yes), Mitchell (yes). Motion carried 5-0. Application #08-146 is approved with the above stated conditions.
Finding of Fact
The Board of Zoning and Building Appeals found the request to be consistent with the Granville Codified Ordinances Chapter 1147, Variances and Chapter 1163, Suburban Residential District, and hereby give their approval of the application contingent upon the lot split and combination as presented in attachment Exhibit “A.”
Ms. Hoyt moved to approve the Findings of Fact for Application #08-146. Seconded by Mr. Ashbaugh.
Roll Call Vote: Ashbaugh (yes), Gill (yes), Montgomery (yes), Hoyt (yes), Mitchell (yes). Motion carried 5-0. The Findings of Fact for Application #08-146 are Approved.
Approval of the Minutes
October 9, 2008
Mr. Gill made a motion to approve the minutes as amended. Seconded by Mr. Montgomery.
Roll Call Vote: Gill (yes), Hoyt (yes), Ashbaugh (yes), Montgomery (yes), Mitchell (yes). Motion carried 5-0. The minutes are approved as amended.
Motion to Adjourn
Mr. Montgomery made a motion to adjourn. Seconded by Mr. Gill. Motion carried 5-0. The meeting adjourned at 7:35 PM.
Changed from December 11, 2008 to December 18, 2008