Granville Community Calendar

BZBA Minutes November 10, 2017

Granville Board of Zoning & Building Appeals Minutes

November 10, 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:  Debra Walker Yost, Acting Village Planner; Michael King, Law Director

Visitors: Art Chonko and George Fackler, III.

Citizen Comments:  None.

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.

ew Business:

Application #2016-131, submitted by Art Chonko, on behalf of Denison University, for the property located at 211 West College Street.  The request is for review and approval of a Conditional Use to allow for the construction of an enlarged parking lot at the southwest corner of North Mulberry and West College Streets to serve the future Denison Performing Arts Complex upon completion; and to allow for the construction of a reserved parking area that will align with the Cherry Street intersection on the west side of the proposed structure in order to serve large events.  The property is zoned Village Institutional District (VID), and is located within the Architectural Review Overlay District (AROD).

Swearing in of Witnesses:  Mr. Gill swore in Art Chonko and Debra Walker Yost. 

Discussion:

Art Chonko, 88 Spruce Drive, Granville, Ohio stated:

He is seeking approval of a conditional use parking lot at the corner of North Mulberry and West College Streets, and for parking overflow on Cherry Street. 

Mr. Burge stated he would like the tree to be kept at the southwest corner of North Mulberry and West College Street.  Mr. Chonko stated he is comfortable with that condition.

The BZBA reviewed the following Standards and Criteria during their discussion of Application #2016-131:

 

a.         The proposed use is a conditional use with the zoning district, and the applicable development standards of this Zoning Ordinance are metThe proposed use is a conditional use within the Village Institutional District under 1159.02(b)(4)(B) “Parking Lots to service a university or school (Ord. 11-2011. Passed 6-1-2011.)  All members stated Yes to this criteria.

 

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 proposed (enlarged) parking lot on the east side of the future Performing Arts Center (PAC) will replace an existing parking lot that currently serves Ace Morgan Theater.  The proposed reserved event parking area to the west of the PAC will replace the existing driveway access and parking at Burke Hall, and will align with the Cherry Street intersection.  The proposed changes are in accordance with the current land use and transportation plans for the parcels.  All members states Yes to this criteria.

 

c.         The proposed use will not create an undue burden on public facilities and services such as streets, utilities, schools and refuse disposal.  Presently, there are twelve (12) parking spaces located within the Ace Morgan Theatre parking area, and twenty-nine (29) parking spaces located within the Burke Hall parking area, which connects to West Broadway at the Cherry Street intersection, bringing the total to forty-one (41) existing spaces.

            The plans illustrate a total of sixty-six (66) proposed parking spaces located within the enlarged parking area at the corner of West College and North Mulberry Streets.  An additional curb cut off of West College Street is illustrated to help manage circulation within the lot.  Thirteen (13) reserved event parking spaces will be located in the area to the west of the PAC, bringing the total proposed parking spaces to seventy-nine (79).

 

            The proposed increase of thirty-eight (38) spaces should not place a significant or undue burden on streets or utilities.  The parking areas will be used most intensely during performances; the reserved parking to the west will be used almost solely for event overflow parking.

 

            Storm water increases will be managed as part of the overall larger project – including work in tandem with the Village to improve the storm water infrastructure along West Broadway and South Cherry Streets.

 

            Refuse disposal will occur in much the same manner as at present:  a utility yard located near the southeastern corner of the new PAC will house and conceal daily-use dumpsters.  Service to the dumpsters should be unimpeded and function should be unaffected.  As required (e.g. at the end of a performance run), larger dumpsters will be utilized at the loading dock, and removed as quickly as possible.  All members stated Yes to this criteria.

 

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.  Staff does not believe this use will be detrimental or disturbing to neighboring properties.  The proposed uses are in keeping with the present uses of the property as a theatre and performing arts campus with supporting parking areas.  All members stated Yes to this criteria.

 

e.         The proposed use will not significantly diminish or impair established property values with the surrounding areas. (Ord. 15-08. Passed 1-7-09)  Staff does not believe that the proposed use will diminish or impair established property values within the area, as they are a continuation of the existing uses.  Yes, all members agreed the conditional use will not significantly impair established property values within the surrounding area.

 

Mr. Burge made a motion to approve Application #2016-131, as submitted, with the condition of preserving the tree at the southwest corner of North Mulberry and West College Streets.  Second by Mr. Zimmers.  Roll Call Vote:  Burge (yes), Kemper (yes), Smith (yes), Zimmers (yes), and Gill (yes).  Motion carried 5-0.

 

Application #2016-132, submitted by George Fackler, III, on behalf of Fackler Country Gardens, LLC, for the property located at 2326 Newark-Granville Road.  The request is for review and approval of a variance to allow for a roof pitch on a structure that is less than the required 8/12 pitched in the District.  The property is zoned Suburban Business District (SBD).

 

Swearing in of Witnesses:  Mr. Gill swore in George Fackler, III and Debra Walker Yost.

 

Discussion:

 

George Fackler, III, 323 Park Drive, Newark, Ohio stated:

He is seeking approval of a reduction in the roof pitch of a shed structure.  The reduction in pitch is so there will not be any obstruction for windows in other building.

The Board asked how the roof will hold with snow, and Mr. Fackler stated that the architect has created a roof that will hold the snow load.

 

The BZBA reviewed the following Standards and Criteria during their discussion of Application #2016-132:

 

a.         That special circumstances or conditions exist which are peculiar to the land or structure(s) involved Mr. Zimmers stated False, Mr. Kemper stated False, Mr. Gill stated False; Mr. Burge stated True, and Mr. Smith 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 criterion 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; Mr. Burge stated True; all other BZBA members concurred.

Or whether there can be any beneficial use of the property without the variance.  Mr. Burge stated True; all other BZBA members concurred.
 

(2)        Whether the variance is substantialMr. Zimmers stated True; all other BZBA members concurred.  (False 1 vote;  Mr. Smith stated “near true”.

                                               

(3)        Whether the essential character of the neighborhood would be substantially altered, Mr. Burge stated False; all other BZBA members concurred or whether adjoining properties would suffer a substantial detriment as a result of the varianceMr. Burge stated False; all other BZBA members concurred.

 

(4)        Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage).  Mr. Burge stated False; all other BZBA members concurred.

 

(5)        Whether the property owner purchased the property with knowledge of the zoning restrictionMr. Zimmers stated False; all other BZBA members concurred.

 

a.      Whether the property owner’s predicament feasibly can be obviated through some method other than a varianceThe board members voted  2 True (Mr. Gill, Mr. Zimmers) and 3 False (Mr. Smith, Mr. Burge Mr. Kemper).

 

(7)        Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance. All members stated True.

 

c.         That the special conditions and circumstances do not result from the actions of the applicant.  The board members unanimously voted False.

 

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. Zimmers stated True; all other BZBA members concurred and not diminish or impair established property values within the surrounding areas,  Mr. Burge stated True; all other BZBA members concurred; and not impair an adequate supply of light and air to adjacent properties, Mr. Burge stated True; all other BZBA members concurred; and not unreasonably increase the congestion in public streetsMr. Burge 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. Zimmers made a motion to approve Application #2016-132, as submitted.  Second by Mr. Burge.  Roll Call Vote:  Kemper (yes), Smith (yes), Zimmers (yes), Burge (yes) and Gill (yes).  Motion carried 5-0.

 

Findings of Fact Approval

 

New Business:

 

Application #2016-131, submitted by Art Chonko, on behalf of Denison University; 211 West College Street; Conditional Use to allow construction of parking lot at southwest corner of North Mulberry and West College Streets; and construction of parking area that will align with the Cherry Street intersection on the west side of the proposed structure:  Approve Findings of Fact and Associated Standards and Criteria.

 

Mr. Kemper made a motion to approve the Findings of Fact for Application #2016-131. Second by Mr. Burge. Roll Call Vote: Smith (yes), Zimmers (yes), Burge (yes), Kemper (yes), and Gill (yes).  Motion carried 5-0.

 

Application #2016-132, submitted by George Fackler, III, on behalf of Fackler Country Gardens, LLC.; 2326 Newark-Granville Road; Roof pitch variance:  Approve Findings of Fact and Associated Standards and Criteria.

 

Mr. Kemper made a motion to approve the Findings of Fact for Application #2016-132.  Second by Mr. Burge.  Roll Call Vote: Zimmers (yes), Burge (yes), Kemper (yes), Smith (yes), and Gill (yes).  Motion carried 5-0.

 

Motion to Excuse member absences: (not necessary)

Motion to Approve Meeting Minutes:

Mr. Zimmers made a motion to approve the BZBA meeting minutes from September 8, 2016. Second by Mr. Burge.  Roll Call Vote: Smith (yes), Zimmers (yes), Burge (yes), Kemper (yes), Gill (yes).  Motion carried 5-0.

Next Meetings (Tentative):

December 8th, 2016

January 12th, 2017

December BZBA and GPC Gathering Discussion

Meeting will be held on Saturday, December 10, 2016 from 9:00 am – 12:00 pm at the Carriage House at Bryn Du.

Motion to Adjourn

Mr. Kemper made a motion to adjourn.  Second by Mr. Smith.  Motion carried 5-0. 

The meeting adjourned at 7:33 p.m.

 

Employee Payroll / Compensation

The Village has thirty-six (36) full-time employees, 16 regular part-time employees and seaonal employees. Village Personnel Policy

Go to My Pay Stub and login.