Granville Board of Zoning & Building Appeals
Rescheduled from October 10, 2013
Wednesday, October 30, 2013
Call to Order: Mr. Gill called the meeting to order at 7:30 p.m.
Members Present: Larry Burge, Scott Manno, and Jeff Gill.
Members Absent: Bradley Smith and Kenneth Kemper
Also Present: Debi Walker; Village Planning Department.
Visitors: Deborah Barber.
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 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.
Deborah Barber, 420 North Granger Street, Application #2013-122
Suburban Residential District (SRD-B). The request is for review and approval of a variance to reduce the side yard setback along the southern property line from twelve (12’) feet to six (6’) feet to allow for the relocation of an existing detached accessory structure.
(Debi Walker and Deborah Barber were sworn in by Mr. Gill.)
Deborah Barber, 420 North Granger Street, indicated she would like to move a detached accessory structure to the back part of her yard. She indicated she would like to move this because she is planning on putting an addition on the back of her home. Mr. Gill asked if any other area was considered that would not require a variance. Ms. Barber stated yes, but ultimately she and the neighbors agree this is the best location. Ms. Barber stated she would be encroaching on Shelly and Russ Ringler’s property and they are in full support of her request for a variance. She added that Mr. Ringler suggested the proposed location. Ms. Barber stated she and the neighboring property owner would be combining efforts on a landscaping plan that benefits both properties. Mr. Gill thanked Ms. Barber for her presentation. He added the BZBA is unable to consider the comments regarding the neighbor’s being for or against the location of the accessory structure since they are not present to testify. Mr. Manno asked if approval for the shed came before the BZBA before. Ms. Walker stated the applicant does have a previous variance on file for the present location. Ms. Barber explained she needed to seek a variance for the existing location because the contractor built the shed in the wrong place previously. Mr. Burge asked if it would be just as easy for the applicant to locate the shed within the setback. Ms. Barber stated yes, but her view would be obstructed when the new addition goes on and she would lose too much yard space. Ms. Barber thanked the BZBA for scheduling a special meeting to hear her application.
The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #2013-122:
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 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. The BZBA unanimously agreed TRUE.
(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. Mr. Gill stated this is a long narrow lot.
c. That the special conditions and circumstances do not result from the actions of the applicant. Each member of the BZBA stated FALSE.
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. Burge made a motion to approve Application #2013-122 as presented. Seconded by Mr. Manno.
Roll Call Vote to Approve Application #2013-122: Gill (yes), Burge (yes), Manno (yes). Motion carried 3-0. Application #2013-66 is approved as presented.
Finding of Fact
Deborah Barber, 420 North Granger Street, Application #2013-122
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. Manno moved to approve the Findings of Fact for Application #2013-122. Seconded by Mr. Burge.
Roll Call Vote: Burge (yes), Manno (yes), Gill (yes). Motion carried 3-0. The Findings of Fact for Application #2013-122 are approved.
Motion to Approve Absent BZBA Member:
Mr. Manno made a motion to excuse Ken Kemper and Brad Smith from the BZBA meeting on October 30, 2013. Seconded by Mr. Burge. Roll Call Vote: Manno (yes), Gill (yes), Burge (yes). Motion carried 3-0.
Motion to Approve Meeting Minutes:
Mr. Manno made a motion to approve the BZBA meeting minutes for September 12, 2013. Seconded by Mr. Burge. Roll Call Vote: Burge (yes), Manno (yes), Gill (yes). Motion carried 3-0.
Motion to Adjourn
Mr. Manno made a motion to adjourn. Seconded by Mr. Burge.
Motion carried 3-0. The meeting adjourned at 7:45 PM.
November 14, 2013
December 12, 2013