Granville Community Calendar

BZBA Minutes September 8, 2016

Granville Board of Zoning & Building Appeals

Minutes

September 8, 2016 7:00 p.m.

Call to Order: Mr. Gill called the meeting to order at 7:00 p.m.

 Members Present: Roll Call: Mr. Burge, Mr. Kemper, Mr. Zimmers, Mr. Smith, and Mr. Gill.

Members Absent: None.

Also Present: Debi Walker, Acting Village Planner, Michael King, Law Director

Visitors: Richard Downs, Tod and Evelyn Frolking, and Jay Snyder.

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:

  • The applicant;
  • The owner of the property that is the subject of the application, if the owner is not the applicant or appellant;
  • The owner of property that is adjacent or contiguous to the property that is the subject of the application; and
  • 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:

  • Present his or her position, argument and contentions;
  • Offer and examine witnesses and present evidence in support of his or her position, arguments and contentions;
  • Cross-examine witnesses purporting to refute his or her position, arguments and contentions;
  • Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments and contentions;
  • Proffer any evidence or testimony into the record if such evidence or testimony has not been admitted by the Board.

New Business:

Application #2016-108, submitted by Richard Downs, on behalf of Paul Hammond and Tracee Laing, for the property located at 494 North Granger Street.: The request is for review and approval of a variance to reduce the required twelve (12’) foot side yard setback to four (4’) feet along the northern property line; and to reduce the required forty (40’) foot rear yard setback to fifteen (15’) feet along the eastern property line to allow for the construction of a new detached carport structure. The property is zoned Suburban Residential District-B (SRD-B).

Swearing in of Witnesses: Mr. Gill swore in Richard Downs, and Debi Walker.

 Discussion: Richard Downs, 4174 Loudon Street NW, Granville, Ohio stated: 

He is seeking approval for the construction of a carport, which requires both side yard and rear yard setback reductions. Mr. Burge asked if the carport could be placed on the south side of the property, and Mr. Downs stated it could not, due to the location of the property owners’ garden and the relative lack of sunlight in the rear yard in other locations. Mr. Gill stated he agreed with the location of the carport and understood the significance of the garden to the homeowner.

The BZBA reviewed the following Standards and Criteria during their discussion of Application #2016-108:

a. That special circumstances or conditions exist which are peculiar to the land or structure(s) involved Mr. Kemper stated False due to the location of the creek; all other BZBA members stated True and which are not applicable to other lands or structures in the same zoning districts. Mr. _________ stated _________; all other BZBA members concurred with Mr.__________.

b. That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the propertyThe BZBA unanimously agreed this criteria was True, except Mr. Zimmers.

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

  • Whether the property in question will yield a reasonable return; Mr. Zimmers stated True; all other BZBA members concurred. Or whether there can be any beneficial use of the property without the variance. Mr. Zimmers stated True; all other BZBA members concurred.
  • Whether the variance is substantialMr. Zimmers stated False; all other BZBA members states True.
  • Whether the essential character of the neighborhood would be substantially altered, Mr. Kemper stated False; all other BZBA members concurred or whether adjoining properties would suffer a substantial detriment as a result of the varianceMr. Kemper stated False; all other BZBA members concurred.
  • Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage). Mr. Kemper stated False; all other BZBA members concurred.
  • Whether the property owner purchased the property with knowledge of the zoning restrictionMr. Kemper stated True; all other BZBA members concurred.
  • Whether the property owner’s predicament feasibly can be obviated through some method other than a variance
  • Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance. Mr. Kemper stated True; all other BZBA members concurred.

 c. That the special conditions and circumstances do not result from the actions of the applicant. The board members voted 2 False and 3 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, Mr. Kemper stated True; all other BZBA members concurred; and not diminish or impair established property values within the surrounding areas, Mr. Kemper stated True; all other BZBA members concurred; and not impair an adequate supply of light and air to adjacent properties, Mr. Kemper stated True; all other BZBA members concurred; and not unreasonably increase the congestion in public streetsMr. Kemper stated True; all other BZBA members concurred.

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 #2016-108, as submitted with the addition of a stone retaining wall to allow carport to be at same height as driveway. Second by Mr. Smith. Roll Call Vote: Burge (yes), Kemper (yes), Smith (yes), Zimmers (yes), and Gill (yes). Motion carried 5-0.

Application #2016-110, submitted by Tod and Evelyn Frolking, on behalf of the Village Roots Subdivision. The property is located near 605 West Broadway and consists of a four-acre (4) parcel, Parcel #020-51474-00.002 and a one-acre (1) parcel, Parcel #020-051526-00.000, which are being proposed to be developed as one property as a single-family residential development. The request is for review and approval of a variance to reduce the required frontage to a right-of-way from sixty-five (65’) feet to forty (40’) feet for proposed Lot #6. The property is zoned Suburban Residential District-C (SRD-C).

Swearing in of Witnesses: Mr. Gill swore in Tod and Evelyn Frolking and Debi Walker.

Mr. Burge recused himself at 7:19 p.m.

Discussion:

Tod Frolking, 605 West Broadway, Granville, Ohio stated:

He is seeking approval for a variance of Lot #6, reducing the required right-of-way frontage from 65' to 40'. It is Mr. Frolkings’ understanding if all other setbacks are met the variance can be approved. All other setbacks are met on the property allowing this application to move forward.

Mr. Zimmers made a motion to approve Application #2016-110, as submitted. Second by Mr. Kemper. Roll Call Vote: Kemper (yes), Smith (yes), Zimmers (yes), and Gill (yes). Motion carried 4-0.

Mr. Burge rejoined the Board at 7:28 p.m.

Application #2016-111, submitted by Jay Snyder, of Steamroller Bagel, LLP, for the property located at 115 North Prospect Street: The request is for review and approval of a variance to reduce the number of required parking spaces for a proposed first floor restaurant use from four (4) spaces to two (2) spaces. The property is zoned Village Business District (VBD) and is located within the Architectural Review Overlay District (AROD).

Swearing in of Witnesses: Mr. Gill swore in Jay Snyder and Debi Walker.

Discussion:

Jay Snyder, 2061 Jones Road, Granville, Ohio stated:

He is seeking a parking variance for two spaces instead of the required four spaces. He stated the sale of the property is contingent upon the approval of this variance request. There are currently zero parking spaces located on the property as the property line effectively traces the building footprint. 

The Board asked if leased parking spaces would count towards to spaces for the property. Mr. King stated they would indeed count toward the required number of spaces. The applicant stated he has not looked to lease any spaces due to the additional cost and that by leasing spaces he effectively removes spaces from general parking in the downtown area, which does not help the already challenging parking climate.

The BZBA reviewed the following Standards and Criteria during their discussion of Application #2016-111:

a. That special circumstances or conditions exist which are peculiar to the land or structure(s) involved Mr. Zimmers stated False; all other BZBA members concurred and which are not applicable to other lands or structures in the same zoning districts. Mr. Zimmers stated True; all other BZBA members concurred.

b. That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the propertyThe BZBA unanimously agreed this criteria was True, with the exception Mr. Zimmers, who voted False.

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

  • Whether the property in question will yield a reasonable return; Mr. Kemper stated False; all other BZBA members stated True. Or whether there can be any beneficial use of the property without the variance. Mr. Zimmers stated True; all other BZBA members concurred.
  • Whether the variance is substantialMr. Burge stated True; all other BZBA members concurred, with the exception of Mr. Kemper who voted False.Whether the essential character of the neighborhood would be substantially altered, Mr. Zimmers stated False; all other BZBA members concurred or whether adjoining properties would suffer a substantial detriment as a result of the varianceMr. Zimmers stated False; all other BZBA members concurred.
  • Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage). Mr. Zimmers stated False; all other BZBA members concurred.
  • Whether the property owner purchased the property with knowledge of the zoning restriction. Mr. Zimmers stated False; all other BZBA members concurred.
  • Whether the property owner’s predicament feasibly can be obviated through some method other than a varianceThe board members voted 1 True and 4 False.
  • Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance. Mr. Burge stated True; all other BZBA members concurred except Mr. Kemper and Mr. Zimmers.

 c. 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, Mr. Zimmers stated True; all other BZBA members concurred; and not diminish or impair established property values within the surrounding areas, Mr. Kemper stated True; all other BZBA members concurred; and not impair an adequate supply of light and air to adjacent properties, Mr. Kemper stated True; all other BZBA members concurred; and not unreasonably increase the congestion in public streetsMr. Zimmers stated True; all other BZBA members concurred.

d. 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 #2016-111, as submitted. Second by Mr. Smith. 

Mr. Burge withdrew approval, and Mr. Zimmers made a motion to table Application #2016-111.

Mr. Smith questioned how tabling the application would impact the property closing. The Applicant stated that they are set to close on October 1, 2016; if the application is not approved he will probably look elsewhere to establish the business.

Ms. Walker informed the Applicant of the fact that Park National Bank leases spaces. The Applicant did not feel customers would use those spaces. Mr. Smith agreed stating patrons would still park on the street near the business.

After further discussion, there was no second to table the application.

Mr. Burge made a motion to approve Application #2016-111 as submitted. Second by Mr. Smith. Roll Call Vote: Burge (yes), Kemper (yes), Smith (yes), Zimmers (no), and Gill (yes). Motion carried 4-1.

 Findings of Fact

 New Business:

 Application #2016-108; Richard Downs, for Paul and Tracee Laing; 494 North Granger Street; Rear and Side Yard Setback Reductions: Approve Findings of Fact and Associated Standards and Criteria. Chapter 1147, Variances and Chapter 1163, Suburban Residential District (SRD-B). Mr. Kemper moved to approve the Findings of Fact for Application #2016-108. Second by Mr. Burge. Roll Call Vote: Zimmers (yes), Burge (yes), Kemper (yes), Smith (yes), and Gill (yes). Motion carried 5-0.

Application #2016-110; Tod and Evelyn Frolking, on behalf of Village Roots Subdivision; Parcels located behind 605 West Broadway: Approve Findings of Fact and Associated Standards and Criteria. Chapter 1147, Variances, Chapter 1163, Suburban Residential District (SRD-C), and Chapter 1187, Height, Area, and Yard Modifications.

Mr. Kemper moved to approve the Findings of Fact for Application #2016-110. Second by Mr. Smith. Roll Call Vote: Burge (yes), Kemper (yes), Smith (yes), Zimmers (yes), and Gill (yes). Motion carried 5-0.

Application #2016-111; Jay Snyder, of Steamroller Bagel LLP; 115 North Prospect Street; Parking Reduction Request: Approve Findings of Fact and Associated Standards and Criteria. Chapter 1147, Variances, Chapter 1159, Village Business District, and Chapter 1183, Off-Street Parking and Loading.

Mr. Zimmers moved to approve the Findings of Fact for Application #2016-111. Second by Mr. Burge. Roll Call Vote: Kemper (yes), Smith (yes), Zimmers (yes), Burge (yes), and Gill (yes). Motion carried 5-0.

Motion to Excuse member absences: (not necessary)

Motion to Approve Meeting Minutes:

Mr. Smith made a motion to approve the BZBA meeting minutes from May 12, 2016. Second by Kemper. Roll Call Vote: Kemper (yes), Smith (yes), Zimmers (yes), Burge (yes), and Gill (abstaining). Motion carried 4-0.Mr. Burge made a motion to approve the BZBA meeting minutes from August 11, 2016. Second by Mr. Zimmers. Roll Call Vote: Smith (abstaining), Zimmers (yes), Kemper (abstaining), Burge (yes), and Gill (yes). Motion carried 3-0.

Next Meetings (Tentative):

October 13, 2016

November 10, 2016

December 8, 2016

Motion to Adjourn

Mr. Gill made a motion to adjourn. Second by Mr. Burge. Motion carried 5-0. 

The meeting adjourned at 8:25 p.m.

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