Granville Community Calendar

BZBA Minutes July 9, 2015

Granville Board of Zoning & Building Appeals

Minutes

July 9, 2015

 7:00 p.m.

 

Call to Order:  Mr. Gill called the meeting to order at 7 p.m.

 

Members Present:  Jeff Gill, Bradley Smith, Larry Burge and Neal Zimmers.

 

Members Absent: Ken Kemper.

Also Present:  Alison Terry, Planning Director and Mike King, Law Director.

Visitors: Pat Kelley, Greg Walter, Rhonda McMillen, Gayle Stewart and Tim Hughes.

Citizen Comments:  None.

Description of Procedure:  Mr. Gill provided a description of the procedure for the meeting as follows:

NoteThe 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.

 

New Business:

410 North Granger Street – Pat Kelley, Pat Kelley & Associates Architects, on behalf of Greg & Angela Walter - Application #2015-87:  The property is zoned Suburban Residential District-B (SRD-B).  The request is for review and approval of the following variances:

 

Swearing in of Witnesses:  Mr. Gill swore in Pat Kelley, Greg Walter and Alison Terry.

Discussion:

Pat Kelley, Architect, of Kelley and Associates, Architects, 51 N 4th Street, Newark, Ohio, stated the existing garage was built in the 1950’s and the plan is to remove and replace it with a 1 ½ story garage.  The new one-and one half story, two-car garage would face west and will be 3 ½ feet from the north property line. 

Because of water runoff from Granger Street there is a multi-faceted plan. Mr. Kelley introduced a new drawing illustrating that the existing apron at the new garage would be reduced to 27 feet.  Existing downspouts on the SW corner of the garage directs water down the asphalt drive.  The new plan is to direct the water to a grassy area.  A yard drain on Granger clogs with debris in heavy rain. The Walter’s will put a half round catch basin in to mitigate the flooding.  On the east side of the new garage new downspouts will be installed also directing water to a grassy area. 

Mr. Gill asked what the square footage of the footprint of the new garage would be.  Planner Terry explained where it would be located and that the existing lot coverage is 21% and with this proposal would increase by 1.3% overall.  She went on to explain there is a private storm sewer line which exists along the southern boundary of the property which prevents the garage from being moved to the center of the lot.  Mr. Gill asked if the new garage could be built within the existing footprint and was told it would be very hard.  Two cars cannot fit in the existing garage. 

Rhonda McMillen, 404 N. Granger Street, expressed thanks for the Walter’s plan, likes the idea and has no concerns.  She appreciates that the water will be directed away from her property. 

The BZBA reviewed the following Standards and Criteria during their discussion of Application #2015-87:

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 members unanimously agreed this was TRUE.

b.         That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the property. All Board members agreed this would be FALSE.

            The factors to be considered by the Board in making this determination are:

(1)               Whether the property in question will yield a reasonable return without the variance; The BZBA members unanimously agreed this was TRUE.

Or whether there can be any beneficial use of the property without the variance.  The BZBA members unanimously agreed this was TRUE.

 

 (2)       Whether the variance is substantial.  Mr. Gill, Mr. Smith and Mr. Zimmers stated this was FALSE, Mr. Burge voted TRUE.

(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 members unanimously agreed this was FALSE.

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

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

(6)        Whether the property owner’s predicament feasibly can be obviated through some method other than a variance.  Mr. Zimmers and Mr. Burge voted FALSE, and Mr. Gill and Mr. Smith voted 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. The BZBA members unanimously agreed this was TRUE.

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

and not diminish or impair established property values within the surrounding areas.  The BZBA members unanimously agreed this was TRUE.

and not impair an adequate supply of light and air to adjacent properties. The BZBA members unanimously agreed this was TRUE.

and not unreasonably increase the congestion in public streets.  The BZBA members unanimously agreed this was 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.  

Mr. Zimmers made a motion to approve Application #2015-87 as submitted.  Seconded by Mr. Burge.  Roll Call Vote:  Smith (yes), Zimmers (yes), Burge (yes) and Gill (yes).  Motion carried 4-0.

133 South Cherry Street – Eric & Gayle Stewart - Application #2015-88:  The property is zoned Village Residential District (VRD) and is located within the Architectural Review Overlay District (AROD). The request is for review and approval of the following variances:

  1. To reduce the required minimum distance between driveways from one hundred fifty (150’) feet to fifty-six (56’) feet on the northern side of West Elm Street;
  2. To reduce the required minimum distance between driveways from one hundred fifty (150’) feet to thirty-nine (39’) feet on the southern side of West Elm Street; and
  3. To reduce the minimum distance between driveways and intersections from three hundred (300’) feet to one hundred eight (108’) feet, at the intersection of South Cherry Street and West Elm Street;

            to allow for the installation of a two-track brick driveway.

Swearing in of Witnesses:  Mr. Gill swore in Gayle Stewart, Tim Hughes and Alison Terry.

Discussion:

Gayle Stewart, 148 Edgewood Street, stated the property is currently for sale and they’re having a hard time selling it because there is no off-street parking.  They would like to provide a curb cut in order to allow for the construction of an off-street parking space consisting of two (2) brick strips – enabling the future homeowner to park one car. It is not known if there was ever a drive or alley there.  Mr. Gill inquired as to how the neighbors to the west feel about the project. Mrs. Stewart replied they support the plan. 

Tim Hughes, 42 East Broadway, Realtor and listing agent, stated the property has been on the market for 10 months and 95% of the viewers liked the house but disliked the fact there is no off-street parking. 

Mr. Zimmers said perhaps the Board should favor off-street parking as a convenience to the community, and that if approved the drive should be adjacent to the structure.  More discussion and willingness to amend the measurements to please the Board resulted as Planner Terry changed the measurement to 81 feet from the intersection of West Elm Street and Cherry Street.  Law Director King clarified points concerning the change in measurements. Planner Terry pointed out that the determining factor of the measurements was distance from other driveways, not the property line. Gayle Stewart was satisfied with the changes in measurements.

The BZBA reviewed the following Standards and Criteria during their discussion of Application #2015-88 as amended:

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 members unanimously agreed this was 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 BZBA members unanimously agreed this was TRUE.

            The factors to be considered by the Board in making this determination are:

(1)        Whether the property in question will yield a reasonable return; The BZBA members unanimously agreed this was FALSE.

Or whether there can be any beneficial use of the property without the variance.  The BZBA members unanimously agreed this was TRUE.

 (2)       Whether the variance is substantial.  Mr. Gill, Mr. Burge and Mr. Smith voted FALSE, Mr. Zimmers voted TRUE.  

(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 members unanimously agreed this was FALSE.

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

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

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

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

            and not diminish or impair established property values within the surrounding areas.  The BZBA members unanimously agreed this was TRUE.

and not impair an adequate supply of light and air to adjacent properties.  The BZBA members unanimously agreed this was TRUE.

and not unreasonably increase the congestion in public streets. The BZBA members unanimously agreed this was 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.

Mr. Zimmers made a motion to approve Application #2015-88, as amended and agreed to between the BZBA and the property owner.  Seconded by Mr. Burge.  Roll Call Vote:  Zimmers (yes), Burge (yes), Smith (yes) and Gill (yes).  Motion carried 4-0.

221 East Broadway – Ann Lowder on behalf of the Robbins Hunter Museum - Application #2015-92:  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 variance to reduce the required number of parking spaces for a five hundred twelve (512) square feet retail use from four (4) parking spaces to two (2) parking spaces. 

Swearing in of Witnesses:  Mr. Gill swore in Ann Lowder and Alison Terry.

Discussion:

Ann Lowder, 221 East Broadway, stated that on behalf of the museum she is requesting a reduction in the number of required parking spaces for a retail use from 4 parking spaces to 2 parking spaces to allow for the rental of the “Wood Shed.”  The James Store would like to move in to the space and open James Store.com. – in addition to conducting some retail sales.  Ms. Lowder stated the James Store would be a good use of the space and a compliment to the museum. She added that the museum receives no tax dollars and does not charge for admission. The rental of the space would provide income to support the museum. Mr. Gill asked if the neighboring businesses and the library were in favor of the change.  Planner Terry indicated that there have been no objections received by her office and there are two dedicated spaces behind Alfies now for this space.

The BZBA reviewed the following Standards and Criteria during their discussion of Application #2015-92:

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 members unanimously agreed this was TRUE.

b.         That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the property.  The BZBA members unanimously agreed this was TRUE.

            The factors to be considered by the Board in making this determination are:

(1)        Whether the property in question will yield a reasonable return; The BZBA members unanimously agreed this was TRUE.

Or whether there can be any beneficial use of the property without the variance.  The BZBA members unanimously agreed this was TRUE.

 (2)       Whether the variance is substantial.  Mr. Burge, Mr. Zimmers and Mr. Smith voted FALSE; Mr. Gill voted TRUE.  

(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 members unanimously agreed this was FALSE.

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

(5)        Whether the property owner purchased the property (in 1959) with knowledge of the zoning restriction. The property was willed in 1979.  The BZBA members unanimously agreed this was FALSE.

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

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

            and not diminish or impair established property values within the surrounding areas.  The BZBA members unanimously agreed this was TRUE.

and not impair an adequate supply of light and air to adjacent properties.  The BZBA members unanimously agreed this was TRUE.

and not unreasonably increase the congestion in public streets. The BZBA members unanimously agreed this was 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.

Mr. Burge made a motion to approve Application #2015-92 as submitted.  Seconded by Mr. Zimmers.  Roll Call Vote:  Zimmers (yes), Burge (yes), Smith (yes) and Gill (yes).  Motion carried 4-0.

Findings of Fact

New Business:

410 North Granger Street – Pat Kelley, Pat Kelley & Associates Architects on behalf of Greg & Angela Walter - Application #2015-87:  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 1147, Variances and Chapter 1163, Suburban Residential District-B (SRD-B) and hereby gives their approval of Application #2015-87.

 

Mr. Smith moved to approve the Findings of Fact for Application #2015-87. Seconded by Mr. Burge. By voice vote the motion carried 4-0.

133 Cherry Street – Eric & Gayle Stewart - Application #2015-88:  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 1147, Variances and Chapter 1196, Access Management Plan Guidelines and Standards and hereby gives their approval of Application 2015-88 as amended. 

Mr. Smith moved to approve the Findings of Fact for Application #2015-88.  Seconded by Mr. Zimmers. By voice vote the motion carried 4-0.

221 East Broadway – Ann Lowder on behalf of the Robbins Hunter Museum - Application #2015-92:  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 1147, Variances and Chapter 1183, Off-Street Parking and hereby gives their approval of Application #2015-92.

Mr. Smith moved to approve the Findings of Fact for Application #2015-92. Seconded by Mr. Burge. By voice vote the motion carried 4-0.

Motion to excuse a member’s absence (if necessary)

Mr. Smith made a motion to excuse the absence of Ken Kemper.  Seconded by Mr. Burge.  By voice vote motion carried 4-0.

Motion to approve the Minutes of May 14.

Mr. Smith made a motion to approve the Minutes of May 14.  Seconded by Mr. Burge.  Motion approved by voice vote 2-0.

 

Next Meetings:

August 13, 2015

September 10, 2015

October 8, 2015

 

Motion to Adjourn

Mr. Burge made a motion to adjourn.  Seconded by Mr. Zimmers.  Motion carried 4-0. 

The meeting adjourned at 8:15 P.M.

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