Granville Board of Zoning & Building Appeals
February 12, 2015
Call to Order: Mr. Gill called the meeting to order at 7:00 p.m.
Members Present: Kenneth Kemper, Bradley Smith and Jeff Gill.
Members Absent: Neal Zimmers and Larry Burge.
Also Present: Alison Terry, Planning Director and Michael King, Law Director
Visitors: Kathryn Raker, George Parker, Evelyn and Todd Frolking, Doug Mill, Jordan Labocki.
Citizen Comments: None.
204 South Main Street – Kathryn Raker - Application #2015-6: The property is zoned Village Business District (VBD) and is located within the Architectural Review Overlay District (AROD). The request is for review and approval of a conditional use to allow a structure to be occupied as a two-family dwelling.
Swearing in of Witnesses: Mr. Gill swore in Alison Terry and Kathryn Raker.
Mrs. Kathryn Raker, 204 S. Main Street, Granville, Ohio 43023, stated that she would like to have conditional use approval for her building to have two apartments, one upstairs and one downstairs.
Mr. Smith asked if the conditional use is approved, how long does the conditional use apply. Mr. King replied that the conditional use applies for as long as they rent it as a two-family structure. If the use should happen to be discontinued for two years or more then the owner would need to re-apply for the same use. Planner Terry said that recent code change allows for a two-family structure in the business district. Parking spaces are adequate for the property. Mrs. Raker asked if the property would be immediately rentable. Planner Terry explained that there would be a two week appeal period before renting would be permitted.
Section 1145.03, Criteria for Approval:
The Board of Zoning and Building Appeals shall make the following determinations with respect to an application for a conditional use permit:
(a) The proposed use is a conditional use with the zoning district and the applicable development standards of this Zoning Ordinance are met. The proposed use is a conditional use within this Zoning District and does meet with the applicable development standards as outlined in the Staff Report. Mr. Kemper stated TRUE; this use is a conditional use in this District. All other BZBA members concurred with Mr. Kemper.
(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. Mr. Kemper stated TRUE; it is compatible with the Comprehensive Plan and transportation plans for this area. All other BZBA members concurred with Mr. Kemper.
(c) The proposed use will not create an undue burden on public facilities and services such as streets, utilities, schools and refuse disposal. The property is currently vacant land. Changing a portion of the property to a solar array will not create an undue burden on public facilities and services. Mr. Kemper stated TRUE; it will not create an undue burden on public facilities and services. All other BZBA members concurred with Mr. Kemper.
(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 applicant has indicated there will be little to no noise from the operation of this proposed solar array facility, except close to the energy storage system battery and inverters. Mr. Kemper stated TRUE; the use will not be detrimental or disturbing to existing neighboring uses. All other BZBA members concurred with Mr. Kemper.
(e) The proposed use will not significantly diminish or impair established property values within the surrounding areas. Mr. Kemper stated TRUE. All other BZBA members concurred with Mr.Kemper.
Mr. Smith made a motion to approve Application #2015-6 as submitted. Seconded by Mr. Kemper. Roll Call Vote: Smith (yes), Kemper (yes), and Gill (yes). Motion carried 3-0.
Work Session: Village Roots Development, Variance Discussion
No swearing in was necessary for this work session.
Mr. George Parker, 4207 Klotz Rd., Gahnna, Ohio stated that he was representing the property of Todd and Evelyn Frolking, 605 W. Broadway, Granville, Ohio. The property is comprised of 5 acres within the village limits and the applicants feel the property might be suitable for cluster housing development. The Frolking’s explained their background with the property, including the animals and farming done there. The zoning of the property is Suburban Residential District- C (SRD-C). The plans proposed are for small, quality, efficient homes with a central green space. The focus may be on active empty nesters with space for gardens and a holistic vision to benefit the community. Plans have been drawn up by George Parker, Architect.
Chairman Gill expressed interest in the idea and asked the owners if they would contemplate taking the idea to Village Council for consideration. He stated that the property layout might work better as a two-family development, rather than single family, given the proposed width of the streets, clustering of the homes, etc. The Board then discussed the possibility of a zoning amendment to the SRD-C text at the Council level versus a variance request before the BZBA.
The property owner’s further described the proposal, indicating that the front yard setback for homes would be thirty (30’) to forty (40’) feet from the front of the home to the street edge, and would include the driveway area for parking. The properties would have lines of demarcation rather than property lines.
Chairman Gill stated he was not sure the BZBA can make that distinction. Setback codes were written for a purpose. He also indicated he understands the theory behind the proposal, but can’t deviate to this extent from the Code.
The Frolking’s provided examples of other properties. Planner Terry pointed out that there would be more than 33 variances required to approve this proposed layout and Staff felt the number of variances requested were substantial.
Discussion progressed to roadways and public services, emergency services and the well head protection isolation radius. Planner Terry stated that the service department has concerns about snow removal and the fire department wants a two-way twenty-four (24’) foot wide roadway.
Planner Terry suggested that the applicants consider a layout which included two-family dwellings with private streets. This would allow for a much narrower private roadway width and would solve the majority of the variance issues. She also indicated she had reviewed the project and her staff comments were before the Board, including comments from the Fire Chief, Utilities Director and Service Director. She proceeded to review the comments she received from other Departments. She indicated she felt the applicant should look at modifying the proposal to greatly reduce the number of variances requested.
The Board provided further feedback to the Frolking’s regarding their proposal. The Frolking’s indicated they would consider the Board’s recommendations and look at modifying their proposal.
Findings of Fact
Kathryn Raker – 204 South Main Street - Application #2015-6 Approve Findings of Fact and Associated Standards and Criteria. The Board of Zoning & Building Appeals found the request to be consistent with The Granville Codified Ordinances Chapter 1145, Conditional Uses and Chapter 1159, Village Business District and hereby gives their approval of Application #2015-6.
Roll Call Vote: Smith (yes), Kemper (yes) and Gill (yes). Motion carried 3-0.
Motion to excuse absent member(s):
Mr. Kemper made a motion to excuse the absences of Mr. Zimmers and Mr. Burge. Seconded by Mr. Smith.
Roll Call Vote: Kemper (yes), Smith (yes) and Gill (yes). Motion carried 3-0.
Motion to Approve Meeting Minutes:
There was no quorum from the January 8, 2015 meeting so no action was taken.
Motion to Adjourn
Mr.Smith made a motion to adjourn. Seconded by Mr. Kemper. Motion carried 3-0.
The meeting adjourned at 8:18 P.M.
March 12, 2015
April 9, 2015
May 14, 2015