Granville Board of Zoning & Building Appeals
March 10, 2016 7:00 p.m.
Members Present: Larry Burge, Kenneth Kemper and Neal Zimmers.
Members Absent: Jeff Gill and Bradley Smith
Also Present: Debi Walker, Village Planner.
Visitors: David Gaul
Citizen’s Comments: As no one appeared to speak, Mr. Zimmers closed Citizen’s Comments.
Description of Procedure: Mr. Zimmers 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:
- 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 o 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.
Application #2016-13, David Gaul, 2355 James Road
Open Space District - (OSD)
This request is for review and approval of a variance to reduce the side yard setback along the western property line from fifty (50’) feet to twenty-five (25’) feet to allow for the construction of a covered porch at the rear of the garage.
Swearing in of Witnesses – Mr. Zimmers swore in Debi Walker and David Gaul.
David Gaul, 2355 James Road, advised the Commission that his plans were to remove the
existing concrete slab and kennel, pour a new concrete slab for the kennels and cover it with a wooden roof. The compound would be moved east, away from the property line, but still within the fifty feet. This configuration would allow the dogs access into the garage during inclement weather. The roof would be the same architecturally as the house roof. The kennel was currently not visible from the street and the new location would not be visible.
Mr. Burge asked if the neighbors had voice any objections. Acting Planner Walker indicate no neighbors had approached the Village.
Mr. Zimmers asked Mr. Gaul if he owned this home prior to the annexation. Mr. Gaul responded in the affirmative.
The following considerations shall be examined in the review and the public hearing of an application for a variance:
a. That special circumstances or conditions exist which are peculiar to the land or structure(s) involved: All Board members stated this was FALSE 3-0. and which are not applicable to other lands or structures in the same zoning districts. All Board members stated this was FALSE 3-0.
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:
- Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance. All Board members stated this was TRUE 3-0.
- Whether the variance is substantial. All Board members stated this was FALSE 3-0.
- 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. All Board members stated this was FALSE 3-0.
- Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage). All Board members stated this was FALSE 3-0.
- Whether the property owner purchased the property with knowledge of the zoning restriction. All Board members stated this was FALSE 3-0. The property owner purchased the property prior to the Village’s annexation and the application of the current zoning code.
- Whether the property owner’s predicament feasibly can be obviated through some method other than a variance. Mr. Zimmers and Mr. Kemper stated this was FALSE with Mr. Burge stating TRUE 2-1.
- Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance. All Board members stated this was TRUE 3-0.
c. That the special conditions and circumstances do not result from the actions of the applicant. All Board members stated this was TRUE 3-0.
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, All Board members stated this was TRUE 3-0. and not diminish or impair established property values within the surrounding areas,
All Board members stated this was TRUE 3-0. and not impair an adequate supply of light and air to adjacent properties,
All Board members stated this was TRUE 3-0. and not unreasonably increase the congestion in public streets. All Board members stated this was TRUE 3-0.
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. Kemper made a motion to approve Application #2016-13 as presented. Second by Mr. Burge. Roll Call Vote to approve Application #2016-13: Burge (yes), Kemper (yes) and Zimmers (yes). Motion carried 3-0. Application #2016-13 is approve as presented.
Finding of Fact
Application #2016-13, David Gaul, 2355 James Road – Side Yard Variance
The Board of Zoning and Building Appeals found the request to be consistent with the Granville Codified Ordinances Chapter 1147, Variances, and Chapter 1165, Open Space District, and hereby give their approval of the application as submitted by the applicant.
Mr. Kemper made a motion to approve Application #2016-13 as amended. Second by Mr. Burge. Roll Call Vote to approve Application #2016-13: Kemper (yes), Zimmers (yes) and Burge (yes). Motion carried 3-0. Application #2016-13 is approved as presented.
Motion to Approve Absent BZBA Member:
Mr. Kemper made a motion to excuse Mr. Gill and Mr. Smith from the March 2, 2016 BZBA meeting. Second by Mr. Burge. Motion carried.
Motion to Approve Meeting Minutes:
The February 11, 2016 minutes could not be approved as there was not a quorum of members in attendance at that meeting. The minutes will be reviewed during the April 14, 2016 meeting.
Motion to Adjourn
Mr. Burge made a motion to adjourn. Second by Mr. Kemper. Motion carried. The meeting adjourned at 7:14 p.m.
April 14, 2016
May 12, 2016