Granville Community Calendar

BZBA Minutes October 14, 2010

Granville Board of Zoning & Building Appeals Minutes

October 14, 2010

7:00 p.m.

 

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

Member’s Absent: None.

Also Present: Village Planner, Alison Terry.

Visitors: John Noblick. 

Description of Procedure:

 

Note:  The item listed on this agenda under New Business is open to the public, but is not a public hearing.  Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. The following persons may appear at hearings as parties and be heard in person or by attorney:

(1)           The applicant;

(2)           The owner of the property that is the subject of the application, if the owner is not the applicant or appellant;

(3)           The owner of property that is adjacent or contiguous to the property that is the subject of the application; and

(4)           Any other person who claims that a direct, present injury or prejudice to a personal or property right will occur if the application is approved or denied.

A person authorized to appear and be heard may:

(1)           Present his or her position, argument and contentions;

(2)           Offer and examine witnesses and present evidence in support of his or her position, arguments and contentions;

(3)           Cross-examine witnesses purporting to refute his or her position, arguments and contentions;

(4)           Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments and contentions;

(5)           Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Board. 

New Business:

Scott and Martha Keyes, 418 West Broadway, Application #2010-149

(Mr. Ashbaugh recused himself from the hearing for Application #2010-149 at 7:03 PM.  Jean Hoyt acted as Chair of the BZBA.) 

Discussion:

Alison Terry and John Noblick were sworn in by Ms. Hoyt.

John Noblick, Jerry McClain Company, stated that the applicant would like to change the gravel driveway to concrete and this would create less of a footprint than what is there now.  He stated that the applicant would like to put in more green space and at the closest point the driveway comes within one foot of the property line.  Ms. Hoyt asked if the applicant is saying that the existing driveway is already within one foot of the lot line.  Mr. Noblick stated yes.  Mr. Gill asked if the homeowners or Mr. Noblick have talked to any of the neighbors regarding this application.  Mr. Noblick stated that he is not aware of any conversation with the neighbor’s.  Ms. Terry stated that the notices were sent out and the neighboring home closest to the driveway is a rental property and she didn’t hear anything back from the property owner.  Ms. Terry also stated that the Planning Commission reviewed this application because a portion of the driveway would be located within the TCOD (Transportation Corridor Overlay District) and the Planning Commission approved the application contingent upon the applicant receiving a variance from the BZBA.  

The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #2010-149: 

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 agreed 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. The BZBA unanimously agreed TRUE.    

(2)        Whether the variance is substantial.  The BZBA unanimously agreed FALSE. 

(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 BZBA unanimously agreed FALSE. 

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

(5)        Whether the property owner purchased the property with knowledge of the zoning restriction.  The BZBA unanimously agreed TRUE.    

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

(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 BZBA unanimously agreed TRUE.

 c.         That the special conditions and circumstances do not result from the actions of the applicant.  The BZBA unanimously agreed TRUE. 

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 BZBA unanimously agreed TRUE. 

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. Smith made a motion to approve Application #2010-149 as submitted.  Seconded by Mr. Montgomery.  Roll Call Vote to Approve Application #2010-149: Smith (yes), Gill (yes), Montgomery (yes), Hoyt (yes), Ashbaugh (recuse).  Motion carried 4-0.  Application #2010-149 is Approved. 

Finding of Fact

Scott and Martha Keyes, 418 West Broadway,  Application #2010-149

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.  

Mr. Smith moved to approve the Findings of Fact for Application #2010-149.  Seconded by Mr. Gill. Roll Call Vote: Montgomery (yes), Hoyt (yes), Gill (yes), Smith (yes), Ashbaugh (recuse).  Motion carried 4-0.The Findings of Fact for Application #2010-149 are Approved.  

(Mr. Ashbaugh rejoined the BZBA meeting at 7:12 PM.)

Approval of the Minutes 

September 9, 2010

Mr. Gill made a motion to approve the minutes as presented.  Seconded by Ms. Hoyt. Roll Call Vote: Hoyt (yes), Ashbaugh (yes), Smith (yes), Gill (yes), Montgomery (yes).  Motion carried 5-0.  The minutes are approved as presented.  

Motion to Adjourn

Mr. Gill made a motion to adjourn.  Seconded by Mr. Montgomery.  Motion carried 5-0.  The meeting adjourned at 7:15 PM.  

Next Meeting:

November 18, 2010 (Mr. Smith stated that he is unable to attend this meeting.)

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