Granville Community Calendar

BZBA Minutes May 14, 2009

Granville Board of Zoning & Building Appeals Minutes

May 14, 2009

7:00pm

 

Members Present:  Fred Ashbaugh, Jeff Gill, Jean Hoyt, Rob Montgomery, and Bradley Smith.

Member’s Absent: None.

Also Present: Village Planner Alison Terry.

Visitors: Richard Liebson and Ken Rittenhouse. 

Roll Call:

Boardmembers responding to the roll call were:  Gill (yes), Hoyt (yes), Montgomery (yes), Smith (yes), Chair Ashbaugh (yes).  

Description of Procedure:

Mr. Ashbaugh explained the proceedings of the board and that the meeting is not a public hearing; however, the meeting is open to the public and 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 the hearing shall be placed under oath prior to offering testimony or evidence.    

New Business:

Richard Liebson, 134 South Mulberry Street,  Application #09-43

Village Residential District (VRD) – Architectural Review Overlay District (AROD).

The request is for approval of a variance to reduce the northern side yard setback from ten (10’) feet to two (2’) feet to allow for the construction of a flagstone patio and pathway from the side of the home to the rear, detached garage. 

Discussion:

Richard Liebson, 134 South Mulberry Street, presented his comprehensive landscape plan to the Board.  He outlined how the existing landscaping on the north side of his property would be removed and replaced with the plan outlined in his packet.  Mr. Liebson described how the existing landscape timbers and stones had deteriorated.  This area was now a safety hazard as well as being unsightly.  He explained how he would replace the existing landscape timbers with stone slabs and stone risers.  The existing landscaping would be replaced with ground cover and shrubbery.  He indicated that these changes would resolve any safety hazards and improve the overall appearance of his property.  He requested that the Board approve his variance request for the hardscape installation. 

The Board was presented with a copy of a letter from Mr. Liebson’s neighbor Dan Finkleman indicating his support for Mr. Liebson’s application. 

Boardmember Hoyt indicated that she felt the request would improve the home’s curb appeal, marketability and functionality. 

The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #09-43: 

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 Board unanimously indicated no.

 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. 

The Board unanimously indicated yes. 

(2)   Whether the variance is substantial. 

The Board unanimously stated that the variance was 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. 

The Board unanimously indicated no 

(4)  Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage). 

The Board unanimously indicated no.

(5)  Whether the property owner purchased the property with knowledge of the zoning restriction. 

The Board unanimously indicated yes.

(6)  Whether the property owner’s predicament feasibly can be obviated through some method other than a variance. 

The Board unanimously indicated 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. 

The Board unanimously indicated yes.

c.   That the special conditions and circumstances do not result from the actions of the applicant.  

The Board unanimously indicated 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. 

The Board unanimously indicated 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.  

The Board unanimously agreed that there are no additional conditions necessary.   

Mr. Smith made a motion to approve Application #09-43 as submitted.  Seconded by Mr. Gill.  Roll call vote: Hoyt (yes), Montgomery (yes), Smith (yes), Gill (yes), Chair Ashbaugh (yes).  Motion carried 5-0.  Application #09-43 was approved as submitted. 

Finding of Fact

Application #09-43                                                                               

The Board of Zoning and Building Appeals found the request to be consistent with the Granville Codified Ordinances Chapter 1147, Variances and Chapter 1159, Village Residential District, and hereby give their approval of the application as submitted by the applicant.  

Mr. Gill moved to approve the Findings of Fact for Application #09-43.  Seconded by Mr. Smith. Roll call vote: Montgomery (yes), Smith (yes), Gill (yes), Hoyt (yes), Chair Ashbaugh (yes).  Motion carried 5-0.  The Findings of Fact for Application #09-43 were approved.  

Approval of the Minutes

April 9, 2009

Mr. Gill made a motion to approve the minutes as amended.  Seconded by Mr. Montgomery. Roll call vote: Smith (yes), Hoyt (yes), Gill (yes), Montgomery (yes), Chair Ashbaugh (yes).  Motion carried 5-0.  The minutes are approved as amended.  

Motion to Adjourn

Mr. Gill made a motion to adjourn.  Seconded by Mr. Smith. 

Motion carried 5-0.  The meeting adjourned at 7:29pm.  

Next Meeting:

June 11, 2009

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