Granville Board of Zoning & Building Appeals
September 12, 2013
Call to Order: Mr. Gill called the meeting to order at 7:00 p.m.
Members Present: Bradley Smith, Kenneth Kemper, Larry Burge, Scott Manno, and Jeff Gill.
Members Absent: None.
Also Present: Debi Walker, Planning & Zoning Assistant
Visitors: Bob Gravitt, Mark Clapsadle, and Mr. and Mrs. Zander.
Description of Procedure:
Mr. Gill provided a description of the procedure for the meeting as follows:
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
(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.
Bob and Cris Gravitt, 205 South Pearl Street, Application #2013-112
Village Residential District (VRD) – Architectural Review Overlay District. The request is for review and approval of the following variances:
1) To reduce the front yard setback from East Elm Street from eighteen-point-six-three (18.63’) feet (calculated average of block setback) to four-point-two-five (4.25’) feet; and
2) To reduce the front yard setback from South Pearl Street from six-point-three-five (6.35’) feet (calculated average of block setback) to nine-point-five (9.5”) inches to allow for the construction of a new porch on the north and east facades.
(Debi Walker, Mark Clapsadle, and Bob Gravitt were sworn in by Mr. Gill.)
Mark Clapsadle, 4380 Granview Road, indicated he is representing the property owners, Bob and Cris Gravitt, for the property located at 205 South Pearl Street. The applicants are proposing the demolition of two porches and the creation of a new wrap around porch along South Pearl Street and East Elm Street.
Mr.Gill and Mr. Manno questioned whether the BZBA was looking at correct numbers for the variance request. On the east side of Pearl Street the proposed reduction is from 6.35 feet to nine inches. Alison did the math according to a new computer program, calculating the aggregated setback on the Pearl Street side. The new porch would be nine inches off of that line, while the current porch is a foot and a half off the line. Staff measured the entire block.
Mr. Manno the setback would be 2.8 and we are doing averages along both Pearl Street and Elm Street, because there are two front yards, correct. Staff indicated this was correct. The Village Staff has heard no concerns from the adjoining neighbors.
The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #2013-112:
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. Mr. Manno stated every home on this block has the same issue and no other property is any different.
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: TRUE.
(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 that the proposed 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. The BZBA unanimously agreed FALSE.
(4) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage). Each member of the BZBA stated 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. Mr. Burgess stated TRUE. Mr. Manno, Mr. Kemper, and Mr. Gill stated 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. Each member of the BZBA stated TRUE.
c. That the special conditions and circumstances do not result from the actions of the applicant. Each member of the BZBA stated 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. Each member of the BZBA stated 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. Kemper made a motion to approve Application #2013-112 as presented. Seconded by Mr. Burge. Roll Call Vote to Approve Application #2013-112: Gill (yes), Kemper (yes), Burge (yes), Manno (yes). Motion carried 4-0. Application #2013-112 is Approved as Presented.
Finding of Fact
Bob and Cris Gravitt, 205 South Pearl Street, Application #2013-112
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 District, and hereby give their approval of the application as submitted by the applicant.
Mr. Kemper moved to approve the Findings of Fact for Application #2013-112. Seconded by Mr. Manno. Roll Call Vote: Burge (yes), Kemper (yes), Manno (yes), Gill (yes). Motion carried 4-0. The Findings of Fact for Application #2013-112 are approved.
Motion to Approve Absent BZBA Member:
Mr. Manno made a motion to excuse Brad Smith from the BZBA meeting on September 12, 2013. Seconded by Mr. Kemper. Roll Call Vote: Manno (yes), Kemper (yes), Gill (yes), Burge (yes). Motion carried 4-0.
Motion to Approve Meeting Minutes:
Mr. Kemper made a motion to approve the BZBA meeting minutes for August 8, 2013. Seconded by Mr. Burge. Roll Call Vote: Burge (yes), Kemper (yes), Manno (yes), Gill (yes). Motion carried 4-0.
Motion to Adjourn
Mr. Manno made a motion to adjourn. Seconded by Mr. Kemper. Motion carried 4-0.
The meeting adjourned at 7:25 PM.
October 10, 2013 (Mr. Burge indicated he may not be able to attend this meeting)
November 14, 2013
December 12, 2013