Granville Board of Zoning & Building Appeals Minutes
March 12, 2009
Members Present: Jean Hoyt, Jeff Gill, Fred Ashbaugh, Rob Montgomery, and Bradley Smith.
Member’s Absent: None.
Also Present: Village Planner, Alison Terry, Law Director, Michael Crites.
Visitors: Walter and Judy Gloshinski
Oath of Office: Bradley A. Smith and Jean Hoyt
Election of Chair and Vice Chair:
Mr. Gill nominated Fred Ashbaugh as the Chair of the BZBA. Seconded by Mr. Montgomery. Motion carried 5-0. Fred Ashbaugh is the Chair of the BZBA.
Mr. Ashbaugh nominated Jean Hoyt as Vice Chair. Seconded by Mr. Gill. Motion carried 5-0. Jean Hoyt is the Vice-Chair of the BZBA.
Description of Procedure:
Mr. Ashbaugh 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. He stated that any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence.
Walter and Judy Gloshinski, 428 East College Street, Application #09-11
Suburban Residential District-B (SRD-B) – Architectural Review Overlay District (AROD)
The request is for approval of a variance to reduce the western side yard setback from twelve (12’) feet to nine and a half (9 ½’) feet and to reduce the rear yard setback from forty (40’) feet to thirty-six (36’) feet, to accommodate the installation of a generator.
Walter and Judy Gloshinski, 428 East College Street, were sworn in by Mr. Ashbaugh.
Walter Gloshinski stated that their home does not have a wood stove or any other means of heat if inclement weather were to cut off electricity and therefore, he would like to have a hard-wired generator installed. Judy Gloshinski stated that the generator is powered by natural gas and is supposed to be silent. Mr. Gill questioned if the generator comes on automatically. Mrs. Gloshinski stated that the generator does have a weekly recycle lasting 8 to 10 minutes. Mr. Gill suggested that it may be beneficial to have the recycle period begin at 12:15 on Wednesday’s when the tornado sirens go off and this could reduce the total noise pollution. Mrs. Gloshinki agreed that this was a good idea. Mr. Gloshinski stated that they did a price comparison between installing a generator and installing a fireplace and the generator was the most economically feasible option. Mr. Gill asked if the applicant has spoken to the adjacent property owners. Mr. Gloshinski indicated that they have spoken with the neighbors and they had no problem with the generator. Ms. Hoyt asked if there was any response from public notice letters. Ms. Terry stated no. Mr. Ashbaugh questioned if the home is located at the corner of Sunrise Street and College Street. Mrs. Gloshinski clarified that the generator would only be visible from College Street. Mr. Ashbaugh asked if the applicant has considered shielding the unit with shrubbery. Ms. Terry stated that the applicant will also go through the Planning Commission for approval of the generator and they will address screening of the unit. Mr. Montgomery asked if the unit would be positioned so that the wide end would parallel to the house. Mr. Gill and Mr. Ashbaugh clarified which unit the applicant is submitting for approval.
The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #09-11:
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. Ms. Hoyt stated no, because the lot is typical in size and it is not “special” in relation to the surrounding lots. Mr. Smith, Mr. Montgomery, and Mr. Gill stated false.
b. That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the property. The factors to be considered by the Board in making this determination are:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance. Mr. Smith agreed that the granting of the variance will be a benefit to the property owner. Ms. Hoyt, Mr. Montgomery, and Mr. Gill stated that the property will still yield a reasonable return.
(2) Whether the variance is substantial. Each member of the BZBA stated that the variance is not substantial.
(3) Whether the essential character of the neighborhood would be substantially altered, or whether adjoining properties would suffer a substantial detriment as a result of the variance. Each member of the BZBA stated no.
(4) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage). Each member of the BZBA stated no.
(5) Whether the property owner purchased the property with knowledge of the zoning restriction. The applicant, Mr. Gloshinski, stated that they were not aware that the generator would require a variance. Mr. Montgomery stated that there is no restriction on generators, it is considered a restriction for this application due to the setback requirements. Mr. Smith stated he would assign this criteria to have no weight in this case because he does not know the answer. Mr. Gill, Ms. Hoyt and Mr. Montgomery stated no.
(6) Whether the property owner’s predicament feasibly can be obviated through some method other than a variance. Each member of the BZBA stated no.
(7) Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance. Each member of the BZBA stated yes.
Based upon its review of the factors herein, Section B, the BZBA finds that the strict interpretation of the Zoning Ordinance would result in practical difficulty for the owner of the property.
c. That the special conditions and circumstances do not result from the actions of the applicant. Each member of the BZBA stated yes.
d. 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, and not diminish or impair established property values within the surrounding areas, and not impair an adequate supply of light and air to adjacent properties, and not unreasonably increase the congestion in public streets. Each member of the BZBA stated yes.
e. In granting a variance, the board may impose any requirements or conditions regarding the location, character, and other features of the proposed uses or buildings or structures as the board deems necessary to carry out the intent and purpose of this Zoning Code, and to satisfy the other conditions set forth in Division (d) of this Section. Each member of the BZBA agreed that there are no special conditions.
Mr. Gill made a motion to approve Application #09-11 as submitted. Seconded by Mr. Smith. Roll Call Vote: Gill (yes), Montgomery (yes), Hoyt (yes), Smith (yes), Ashbaugh (yes). Motion carried 5-0. Application #09-11 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 1163, Suburban Residential District, and hereby give their approval of the application as submitted by the applicant.
Ms. Hoyt moved to approve the Findings of Fact for Application #09-11. Seconded by Mr. Gill. Roll Call Vote: Gill (yes), Montgomery (yes), Hoyt (yes), Smith (yes), Ashbaugh (yes). Motion carried 5-0. The Findings of Fact for Application #09-11 are Approved.
Approval of the Minutes
December 18, 2008
Mr. Montgomery made a motion to approve the minutes as presented. Seconded by Mr. Ashbaugh. Roll Call Vote: Gill (abstain), Hoyt (abstain), Ashbaugh (yes), Montgomery (yes), Smith (abstain). Motion carried 3-2. The minutes are approved.
Motion to Adjourn
Mr. Smith made a motion to adjourn. Seconded by Mr. Montgomery.
Motion carried 5-0. The meeting adjourned at 7:45 PM.
April 9, 2009 (*Mr. Gill stated that he will not be able to attend this meeting)