BOARD OF ZONING APPEALS MINUTES

 

JUNE 11, 2007

 

The meeting was called to order by Chairman Taylor at 7:00 p.m.

 

MEMBERS PRESENT:  Alex Kessler, Barbara Timmons, Kelly Thornton, Nevin Taylor, Greg Faulkner, Harry McMannis, Dick Mickley

 

OTHERS PRESENT:  Zoning Inspector McCoy, City Planner DeLong, Russ Fischer, JoAnn Fischer, Todd Heuser, John & Cathy Bender

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on May 14, 2007 were approved as distributed.

 

NEW BUSINESS:

 

1)     Requesting a variance for a lot line adjustment (lot split) for two nonconforming lots resulting in lots being 6,162 sq. ft. and 7, 107 sq. ft. (existing lots 7,020 sq. ft. each and 6,250 sq. ft.) vs. minimum of 91,00 sq. ft. lots required; 128 Chestnut Street and 512 E. 6th Street; R-2 zoning district; filed by Russell Fisher, 512 E. 6th Street, Marysville, OH  43040

 

COMMENTS OF ZONING INSPECTOR AND/OR DESIGNEE:  City Planner DeLong cited Section 1129.13.  There are Findings of Fact that need to be met.  Based on the conclusion that all the findings of fact have been met, staff recommends Board approval.

 

COMMENTS OF REQUESTER:  Mr. Russ Fischer addressed the Board.  He wants to purchase 15’ of the property just east of them so they can park their RV on it.   They own the property to the south.  

 

Mr. Thornton confirmed that the 15’ was being added to 512 and not 510 and asked why 512.  Applicant lives in 512.  By adding the additional land to 512, he can move his RV back further.  510 would now allow him to do that.  He is currently using 510 for parking his RV.

 

COMMENTS OF CITIZENS:  None

 

DISCUSSION BY BZA MEMBERS:  Mr. Thornton moved to accept the recommendations and approve this variance as requested, seconded by Mrs. Timmons and the question put, stood:

 

Mr. Kessler  YES   Mrs. Timmons  YES  Mr. Thornton  YES  Mr. Taylor  YES  Mr. Faulkner  YES  Mr. McMannis  YES  Mr. Mickley  YES

 

Variance granted.

 

2)     Requesting variance for 23.8’ front setback for 4’ x 18’ room addition vs. 25’ minimum front setback required in the Woods at Mill Valley Subdivision; R-2 zoning district. Filed by Bill Laurenson for Todd & Shelly Heuser, 676 Mill Wood Blvd., Marysville, Ohio  43040.

 

COMMENTS OF ZONING INSPECTOR AND/OR DESIGNEE:  City Planner DeLong cited Section 1129.13.  There are Findings of Fact that need to be met.  Based on the conclusion that all the findings of fact have been met, staff recommends Board approval.

 

COMMENTS OF REQUESTER:  Mr. Todd Heuser addressed the Board.  He lost his previous house to a fire in February.  He purchased a new house on Mill Wood and would like to put a secondary egress coming up from the basement.  Wants to make it stairs rather than just a window so it will blend in with the property, make it look good and be functional.  Will make the staircase parallel to the house to encroach on the corner as minimal as possible. There will be a door going to the outside.  It will go from the basement out.  Will not be able to enter from the inside.

 

Mr. DeLong noted the applicant has a gravel sidewalk.  Mr. Heuser said it was from the previous owners.  Mr. Heuser plans to put a stamped concrete sidewalk up to the new door pending the Board’s approval.  He has asked the contractor for a quote on replacing the gravel sidewalks.  No quote received yet.   

 

COMMENTS OF CITIZENS:  None

 

DISCUSSION BY BZA MEMBERS:   Mr. Mickley moved to accept the recommendations as presented and approve this variance as requested, seconded by Mr. McMannis and the question put, stood:

 

Mrs. Timmons  YES  Mr. Thornton  YES  Mr. Taylor  YES  Mr. Faulkner  YES  Mr. McMannis  YES  Mr. Mickley  YES  Mr. Kessler  YES

 

Variance granted.

 

3)     Requesting variance for 22’ front setback for a fence vs. minimum of 25’ front setback required in the Mill Valley Subdivision; R-2 zoning district.  Filed by John and Cathy Bender, 1663 Sassafras Lane, Marysville, Ohio  43040

 

COMMENTS OF ZONING INSPECTOR AND/OR DESIGNEE:  City Planner Delong said based on the Findings of Fact that are listed in the Code, A, B and C could not be met, so denial is recommended.  He detailed the Findings of Fact:

 

A)   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or building in the same district.

 

                   There is nothing unique about the applicant’s property compared to

                   other ones in Mill Valley.

 

 

B)   That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance.

 

                        It does not appear that a literal interpretation of the provisions of this

          Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance.  The home is located on a corner lot and is required to meet two front yard setbacks.  The hardship caused by this variance appears to be applied by the actions of the applicant and not the Zoning Ordinance.  The applicant can meet the zoning setback requirements as stated in the Zoning Ordinance.

 

C)   That special conditions and circumstances do not result from the actions of the applicant:

 

                    It appears special conditions and circumstances do result from the action of the applicant and not the Zoning Ordinance.  The applicant is stating that they do not want to meet the Ordinance requirements so they can preserve landscaping and tree foliage, which are the result of the applicant and not the ordinance.  Based on a drive-by site visit, there are no trees in the vicinity of the proposed fence, just landscape bushes and shrubs.

 

COMMENTS OF REQUESTER:  Mr. John Bender addressed the Board. A permit has been issued that allows him 5’ from the corner of the house out.  He’s asking for an additional 3’.  Pictures presented shows a small tree,shrubs and bushes.  He would have to lose the tree at the corner of the deck if he were to go with the 5’ variance.  He wants to put up a 6’ high privacy fence.  Mrs. Timmons suggested moving the tree in a little, which would have to be done in the fall.  Applicant wants to proceed with the fence as soon as possible and not wait until fall.  All landscaping was there when they moved in about 1-1/2 months ago.  The 5’ would come right where the tree is.  His fence will butt right up against his neighbor’s fence, and then he’s going to angle the back side of it for the storm drainage.  Fence will be coming from the corner of the back of the house to the back property line.  Deck sits up 2-1/2’ off the ground.  Fence will be made of wood and will be dog-eared. 

 

Mrs. Timmons cautioned Mr. Bender about putting the fence over the 10’ easement and what would happen if the City or utility company had to get in with equipment.  Fence would be torn down and would not be replaced. 

 

Mr. Taylor said he would be willing to propose the approval of allowing 210 sq. ft. to have that easement nice and clean across the back.  He asked if the applicant would be interested in his proposal?    After discussion with Mrs. Bender, applicant requested to withdraw the variance request and they’ll sacrifice the landscaping. 

 

COMMENTS OF CITIZENS:  None

 

DISCUSSION BY BZA MEMBERS:

 

ADJOURNMENT:  There being no further business to come before the Board of Zoning Appeals, the meeting adjourned at 7:25 p.m.