Granville Board of Zoning & Building Appeals Minutes
October 9, 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, Rhonda Aller, and Richard Nevil.
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.
He 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.
Richard Nevil, 404 North Granger Street, Application #08-125
Suburban Residential District-B (SRD-B), Architectural Review Overlay District (AROD)
The request is for approval of a variance to reduce the required side yard setback on the north side of the property from ten feet (10’) to eight feet (8’), for construction of a second story dormer addition.
Ms. Mitchell swore in the following people who wished to testify:
Alison Terry, Richard Nevil, and Rhonda Aller.
Richard Nevil, 324 East Maple Street, stated that the project includes expanding a second floor closet into a much needed bathroom. He went on to say that he would like to add two feet on the exterior of the home. Mr. Nevil stated that he believes that architecturally they can create a better look and he would use the same materials. He stated that there is currently T111 plywood and they would be using wood to replace it. Ms. Mitchell asked Ms. Terry if she has heard from any of the neighbors. Ms. Terry stated no. She went on to say that the proposal is for a second story dormer addition and there is no impact on the foundation. Mr. Gill asked if Mr. Nevil has spoken to the neighbor on the side of the proposed addition. Ms. Aller stated that the neighbor on that side lives in Florida and the house is for sale. Mr. Ashbaugh asked if the protrusion would only come out 24 inches or would it be more. Mr. Nevil stated that it will only protrude out two feet. Ms. Hoyt asked what year the house was built. Ms. Aller stated that she believed the house was built somewhere around 1884. Mr. Montgomery asked if this would be located on the left side of the home as you are facing it. Mr. Nevil stated yes.
The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #08-125:
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. Mr. Gill stated that just because they approve this particular application doesn’t mean they have to approve all requests for similar variances that are in the same zoning district. Law Director Crites agreed that the BZBA should look at each application separately. Mr. Montgomery stated that the home already exists in the setback and any change would require a variance.
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 #08-125 as submitted. Seconded by Ms. Hoyt.
Roll Call Vote: Ashbaugh (yes), Gill (yes), Montgomery (yes), Hoyt (yes), Mitchell (yes). Motion carried 5-0. Application #08-125 is approved as submitted.
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 1165 (AROD) Architectural Review Overlay District, and hereby give their approval of the application as submitted by the applicant.
Mr. Ashbaugh moved to approve the Findings of Fact for Application #08-125. Second by Mr. Montgomery.
Roll Call Vote: Ashbaugh (yes), Gill (yes), Montgomery (yes), Hoyt (yes), Mitchell (yes). Motion carried 5-0. The Findings of Fact for Application #08-112 are Approved.
Approval of the Minutes
September 11, 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 Mr. Gill. Motion carried 5-0. The meeting adjourned at 7:30 PM.
November 13, 2008