BZA Meeting Minutes - November 25, 2013

Chairman Fritz called the Board of Zoning Appeals meeting to order at 5:40p.m.

PRESENT AT ROLL CALL: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda
ABSENT: Mr. Bolek, Mr. Stanard

OTHERS PRESENT: Dave Strichko, Building Inspector, Aimee Lane, Assistant Law Director, Jeff Filarski, Village Engineer, Sherri Arrietta, Clerk of Council

A motion was made by Mrs. Cooper seconded by Mr. Janke to approve the minutes of the October 28, 2013 meeting.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda
NAYS: NONE
MOTION CARRIED

Grant Wilk
378 Bentleyville Road
Porch/Front Entry Addition
Front Yard Setback and Side Yard Setback Variance

Chairman Fritz declared the public hearing open at 5:41pm. At this time, Mrs. Lane administered the oath to those who wanted to speak at the hearing.

Mr. George Clemens with George Clemens Architecture and Mr. Grant Wilk, homeowner, were present at the meeting. Mr. Clemens stated that this lot, as well as others along Bentleyville Road, were platted on a 45 degree angle and because of that, a good portion of the house is projecting into the side yard. The front yard variance is being requesting in order to make a serviceable front foyer; the open stoop is within the setback, but the enclosed portion of the entry piece projects forward into the front setback. Mr. Fritz asked Mr. Strichko if he agreed that this is a minimal front yard setback. Mr. Strichko agreed and stated that the site plan provided indicated two neighbors that already have existing situations where they encroach on the setbacks as well; therefore they are not asking to do something out of the ordinary within their neighborhood.

Mrs. Lane stated that Mr. Grant Wilk of 378 Bentleyville Road is seeking two variances; one being a front yard setback variance from Code Section 1151.07(1), so that a new entry can project into the 70ft. required setback by 2.9ft., and secondly a side yard setback variance from Code Section 1151.07(2) for the same new entry to project 4.8 ft. into the required 35 ft. setback. The factors indicating a practical difficulty in this case include the following:

The applicant has shown that special conditions exist that are peculiar to this property, specifically that the existing lots were platted with side lot lines at 45 degree angles.
The house presently sits on the front yard setback and lacks a front entry.
The property in question will yield a reasonable return.
There can be beneficial use made of the property without the variance but the front elevation does need an entry piece, which will economically benefit both this house and the neighboring homes.
The variance is insubstantial with only a 2.9 ft. encroachment into the front yard setback and a 4.8 ft. encroachment into the side yard setback.
The essential character of the neighborhood will not be substantially altered and adjoining properties will not suffer substantial detriment as a result of the variance, in fact it is believed that the new entrance way will improve the appearance of the neighborhood.
The variance will not adversely affect the delivery of governmental services.
The property owner’s predicament cannot be feasibly obviated by some means other than a variance due to the lot configuration and having no room for a functional entry without the variance.
The variance meets the spirit and intent behind the zoning requirements because the massing and location of the house will not be substantially changed from how it currently exists.
A literal interpretation of the Code will deprive the applicant of rights commonly enjoyed by other properties due to the unusual site conditions.

Mr. Janke made a motion seconded by Mrs. Cooper to accept the findings of fact.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda
NAYS: NONE
MOTION CARRIED

Mrs. Cooper stated that she believes that this front entry will significantly improve the appearance of this house. She stated that it is a very unusual lot configuration which makes it very difficult to follow the setback requirements. As far as the side yard setback variance request, it does not encroach more than the existing house.

Mrs. Cooper made a motion seconded by Mr. Janke to approve two variances; 2.9 ft. front yard setback variance and a 4.8 ft. side yard setback variance for a porch/front entry addition located at 378 Bentleyville Road.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda
NAYS: NONE
MOTION CARRIED

Seth Uhrman
35 Farwood Drive
Garage Addition –
Front Yard Setback Variance

Mr. John Brown with Brown Architects, Inc., and Mr. Seth Uhrman, homeowner, were present at the meeting. Mr. Brown stated that the topography of the properties in this area are unique. There are ravines on both sides of the roads (Fircrest and Farwood). He stated that he believes that there are quite a few properties with 50 ft. setbacks. Mr. Uhrman is in the process of embellishing his home; a master bath addition was just completed. There is a ravine to the east where the applicant would like to add on to the existing garage and face the doors to the east. There is a severe plunge, approximately 50 feet deep, down to the ravine and therefore the turn-around for the driveway is being proposed as far forward and away from the ravine as possible for safety reasons. If it were to be placed further back, retaining walls would be required. This will also enable the applicant to remove a large amount of asphalt and replace it with lawn and landscaping. Mr. Strichko stated that while he does not have the full construction documents as of yet, he would agree that this variance will provide a better option due to the location of the steep slope. Mrs. Cooper asked if they are adding to the existing garage. Mr. Brown stated that it is currently a 3 car garage and will be a 4 car garage, however, they are not adding to it, rather 1/3 a portion of it will be built on top of the current garage.

Mrs. Lane stated that Mr. Seth Uhrman of 35 Farwood Drive is seeking a front yard setback variance from Code Section 1151.07 for a new garage addition that will result in an encroachment into the required 70 ft. front yard setback by 12.8 ft. The factors indicating a practical difficulty in this case include the following:

Special conditions and circumstances exist which are peculiar to this land and not applicable generally to other lands or structures; by encroaching slightly into the front yard setback, the sloping land down to the ravine to the east of the home is not disturbed.
The property will yield a reasonable return and there can be beneficial use of the property without the variance but the garage addition will enhance the use of this property being that a 3 car garage will be upgraded to a 4 car garage.
The variance request is very minimal; a 12.8 ft. encroachment into a setback required to be 70 ft.
The essential character of the neighborhood and adjoining properties would not be substantially altered and would not suffer substantial detriment and, in fact, the applicant has shown that some homes have similar or less front yard setbacks.
The variance would not adversely affect the delivery of governmental services.
The property owner’s predicament potentially could be obviated through some other method than a variance; the applicant has stated that in lieu of the proposed plan, there could be a detached garage in the rear yard, however, they feel that the proposed garage addition is in better keeping with the character of the neighborhood.
The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance because the front yard setback would only be reduced by12.8 ft. at one corner of the house.
A literal interpretation of the provision of this Code would deprive applicants of rights commonly enjoyed by others in the same zoning district due to topographical constraints presented by this lot.

Mrs. Cooper made a motion seconded by Mr. Janke to accept the findings of fact.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda
NAYS: NONE
MOTION CARRIED

Mrs. Cooper stated that she believes that this is a significant variance considering the fact that it is 18% of the setback. She stated that it may, however, be the smallest variance possible in order to solve the problem. Mrs. Cooper stated that since the garage will be closer to the street, she would ask that they consider windows in the design as well as adding landscaping in order to enhance and soften the look of the garage.

Mayor Renda made a motion seconded by Mrs. Cooper to approve the 12.8 ft. front yard setback variance for a garage addition located at 35 Farwood Drive.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda
NAYS: NONE
MOTION CARRIED

Mayor Renda stated that both Mr. Janke and Mrs. Cooper will be leaving this board after this evening since there will not be a meeting in December. She stated that she would like to thank them both for their service over the years. They have both given invaluable advice and interesting ways of looking at things. Mayor Renda stated that she really appreciates the fact that they have both served. Mrs. Cooper joined the Planning Commission in 2002 so she has done yeoman’s work on the board, and while Mr. Janke has not served quite as long, he has certainly done yeoman’s work as well. Mrs. Cooper stated that it is amazing that she is still here since the room was full and a court report was in attendance at her very first meeting; she was concerned what she may have gotten herself into. Mr. Fritz stated that he agrees that Mr. Janke and Mrs. Cooper have been invaluable and he appreciates the wonderful job they have done. He thanked Mrs. Cooper for helping him with the transition in becoming the Planning Chairman as well.

Mrs. Cooper made a motion seconded by Mr. Janke to adjourn the meeting at 6:05p.m.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Janke, Mayor Renda
NAYS: NONE
MOTION CARRIED

Respectfully Submitted,
Sherri Arrietta, Clerk of Council