Granville Board of Zoning & Building Appeals
March 14, 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, Village Planning Department; Michael King, Law Director.
Visitors: Ralph and Diane Hodges, Timber Wyatt, and Sam Dodge.
Description of Procedure:
Mr. Gill provided a description of the procedure for the meeting as follows:
Note: The items listed on this agenda under New Business are open to the public, but are not public hearings. 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.
Ralph and Diane Hodges, 420 West Maple Street, Application #2013-13
Suburban Residential District-B (SRD-B). The request is for review and approval of a conditional use for a lodging house.
(Debi Walker, Timber Wyatt, and Ralph & Diane Hodges were sworn in by Mr. Gill.)
Ralph Hodges, 9699 Riverside Drive, Powell, Ohio stated he and his wife are the property owners of 420 West Maple Street. He stated he feels the use of the property meets the use for the definition of a lodging facility. Mr. Hodges stated the number of residents utilizing the property is four (4) working professionals. Mr. Hodges stated he would like the principal structure on the property to be allowed for use as a lodging house for the duration of the time Timber Wyatt is the primary tenant. Law Director King indicated a sunset provision could be used in the approval and it would be up to the property owner to handle this with the lease agreement. Mr. Manno questioned how the application came before the BZBA since there has been someone living in the principal structure for some time. Mr. Hodges stated he believes a neighbor may have filed a notice with the Village. He indicated the notice stated there were four unrelated adults living on the property and this is beyond the scope of the zoning provisions. Mr. Manno asked if there is a parking issue. Mr. Hodges stated he met with Danny and Jennifer Blair and they own property to the north of the home. He stated they indicated to him they did not have any issues and they did not submit a complaint. Ms. Walker confirmed the complaint was not received by Danny and Jennifer Blair. She stated a complaint, which was investigated, was brought forward to the Village. Mr. Manno questioned if there were three (3) people living on the property would this be an issue. Ms. Walker stated the code refers to sleeping rooms being used in the definitions and this is key in the number of parking spaces required. Ms. Walker stated ‘sleeping rooms’ is referred to in the ‘boarding house’ definition and not the number of ‘bedrooms.’ She explained even though this is a four (4) bedroom house it has only two ‘sleeping rooms’, as indicated by the applicant, and therefore does not require any variances for parking. Mr. Smith stated the BZBA did not receive any comments against approval of the application. Mr. Gill indicated any letters submitted to the board can be reviewed, but they can not carry as much weight as live testimony when making a determination on the application.
Timber Wyatt, 420 West Maple Street, stated he is the tenant of the property in question. He spoke in regards to the complaint that prompted the need for the application. Mr. Wyatt stated his sister visited him during a big winter snow storm and they were forced to park three cars on the road. He explained when a plow eventually came through the cars forced a large pile of snow onto the neighbor's driveway and this upset them. Mr. Wyatt stated he apologized for the inconvenience.
The BZBA reviewed and read aloud the following determinations with respect to an application for a conditional use permit during their discussion of Application #2013-13:
a. The proposed use is a conditional use with the zoning district and the applicable development standards of this Zoning Ordinance are met. The BZBA unanimously agreed Yes.
b. The proposed use is in accordance with all current land use and transportation plans for the area and is compatible with any existing land use on the same parcel. The BZBA unanimously agreed Yes.
c. The proposed use will not create an undue burden on public facilities and services such as streets, utilities, schools and refuse disposal. The BZBA unanimously agreed True.
d. The proposed use will not be detrimental or disturbing to existing neighboring uses, and will not entail a use, structure or condition of operation that constitutes a nuisance or hazard to any persons or property. The BZBA unanimously agreed True.
e. The proposed use will not significantly diminish or impair established property values with the surrounding areas. The BZBA unanimously agreed True..
Mr. Burge made a motion to approve Application #2013-13 contingent upon the conditional use being granted only if associated to any lease agreement between the property owner and Timber Wyatt (current lessee.) Seconded by Mr. Kemper.
Roll Call Vote to Approve Application #2013-13: Smith (yes), Gill (yes), Kemper (yes), Burge (yes), Manno (yes). Motion carried 5-0. Application #2013-13 is Approved with the above stated condition.
Alfie’s Wholesome Foods, 221 East Broadway, Application #2013-14
Village Business District (VBD) – Architectural Review Overlay District (AROD). The request is for review and approval of a variance to reduce the required number of parking spaces for an outside seating café from one (1) parking space to zero (0) parking spaces.
(Debi Walker and Sam Dodge were sworn in by Mr. Gill.)
Sam Dodge, 221 East Broadway, stated he is seeking a variance for parking so he can accommodate an outside seating area. He stated according to the code the expanded use of the current space results in the need for additional parking. Mr. Dodge indicated he is unable to provide the additional parking so he is requesting a variance. Law Director King explained the requested variance is tied to the additional seating outside. He stated the outdoor tables are considered an accessory use and they are limited to 25% of the primary use. Law Director King stated the math doesn’t actually compute to the need for a full additional space, but rather a fraction of a parking space, therefore, one space is needed. Mr. Gill asked if the applicant has looked at the options available to add one parking space. Mr. Dodge explained the access to business is through the use of a shared driveway that is located on non-commercial property. He stated these property owners have worked hard to ensure no additional traffic utilizes this driveway, and he therefore cannot provide an additional parking space. Mr. Dodge stated the business would have twelve (12) two-top tables outdoors and the interior space is 385 square feet within the Counting House. Mr. Dodge stated adding the outdoor seating has an enormous impact on his business. He added the art gallery, museum, and library have been very accommodating in his request for additional seating outdoors. Mr. Manno asked Law Director King what differs this variance request from what the BZBA has seen on Broadway. He also stated the need for additional parking due to business expansion is certainly an issue in the downtown area. Law Director King stated the Broadway requests for outdoor seating cafes are in the public right of way. He stated the request before the BZBA today refers to outdoor seating on private property. Law Director King went on to say the Broadway outdoor cafes must be renewed yearly before Village Council. Mr. Dodge stated he does not see his business being a destination business, but rather frequented by pedestrians, bicyclists, and individuals visiting the library. He stated the outdoor café is seasonal. Mr. Burge asked the total number of seating without the variance. Mr. Dodge stated eight (8). Ms. Walker stated the outdoor seating setup for Mr. Dodge is completely at his discretion with the weather. Mr. Gill stated the downtown seating located on public property must be taken down at a particular time of year. Mr. Gill stated this is another request before the BZBA requesting a variance for parking. He stated he feels the BZBA needs some direction from Council on how to handle these types of requests because often times accommodating a business in the downtown area results in multiple variances for parking. Mr. Smith stated there is not a need for Council to provide additional directive on this.
The BZBA reviewed and read aloud the following Findings of Fact during their discussion of Application #2013-14:
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. Mr. Manno stated FALSE; Mr. Burge, Mr. Kemper, and Mr. Smith TRUE. The panel as a whole stated TRUE because it is unique to this structure, with consideration that all of downtown is congested parking wise.
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. Kemper stated FALSE, other businesses have operated there without the variance. Mr. Manno TRUE. Mr. Smith stated FALSE, because of the emphasis on a residual return. Mr. Gill TRUE. Mr. Burge stated-FALSE.
(2) Whether the variance is substantial. Mr. Burge, Mr. Kemper, Mr. Gill, and Mr. Smith stated FALSE, the proposed variance is not substantial. Mr. Manno stated TRUE, the variance is substantial because parking downtown is a problem.
(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. Mr. Smith stated TRUE, the variance would add to the spirit and intent of the zoning requirement. All other BZBA members concurred with Mr. Smith.
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. Kemper made a motion to approve Application #2013-14 as presented. Seconded by Mr. Burge.
Roll Call Vote to Approve Application #2013-14: Smith (yes), Gill (yes), Kemper (yes), Burge (yes), Manno (no). Motion carried 4-1. Application #2013-14 is Approved as Presented.
Finding of Fact
Ralph and Diane Hodges, 420 West Maple Street, Application #2013-13
The Board of Zoning and Building Appeals found the request to be consistent with the Granville Codified Ordinances Chapter 1145, Conditional Uses 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 #2013-13. Seconded by Mr. Manno.
Roll Call Vote: Burge (yes), Kemper (yes), Manno (yes), Smith (yes), Gill (yes). Motion carried 5-0. The Findings of Fact for Application #2013-13 are approved.
Alfie’s Wholesome Foods, 221 East Broadway, Application #2013-14
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. Smith moved to approve the Findings of Fact for Application #2013-14. Seconded by Mr. Burge.
Roll Call Vote: Burge (yes), Kemper (yes), Manno (no), Smith (yes), Gill (yes). Motion carried 4-1. The Findings of Fact for Application #2013-14 are approved.
Motion to Approve Meeting Minutes:
Mr. Burge made a motion to approve the BZBA meeting minutes for January 10, 2013. Seconded by Mr. Manno.
Roll Call Vote: Burge (yes), Kemper (abstain), Manno (yes), Smith (yes), Gill (yes). Motion carried 4-0. Mr. Kemper indicated he did not attend this meeting.
Motion to Adjourn:
Mr. Smith made a motion to adjourn. Seconded by Mr. Kemper. Motion carried 5-0.
The meeting adjourned at 7:45 P.M.
April 11, 2013
May 9, 2013
June 13, 2013 (Mr. Gill and Mr. Smith stated they are unable to attend this meeting.)