BOARD OF ZONING APPEALS MINUTES

 

AUGUST 15, 2005

 

 

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

 

MEMBERS PRESENT:  Greg Faulkner, Barbara Timmons, Kelly Thornton, Richard Mickley, Harry McMannis

 

OTHERS PRESENT:  Zoning Inspector McCoy, Clerk Patterson, Greg Armstrong, John Marshall, Patrick Soller

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting of July 11, 2005 were approved as distributed.

 

AGENDA ITEM:

 

1.     Requesting a variance for fence to have 17’ front setback on Penwood Place vs. 25’ front setback required in the Woods at Mill Valley subdivision; R-2 zoning district; filed by Greg Armstrong, 510 Mill Wood Blvd., Marysville, OH  43040

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:  Ms. McCoy cited Codified Ordinance 1139.21(a) (3) requires a functional fence be located no closer to the street than the front setback line, which is 25’ in this subdivision.

 

COMMENTS OF REQUESTER:  Mr. Greg Armstrong addressed the Board.  He is requesting a fence for the safety of his children and his dogs.  He does not want to have to remove two large spruce trees in the backyard, as it would destroy the symmetry of the large, landscaped bed.  He showed photos to the Board.

 

Mr. McMannis expressed concern that the fence may obstruct the neighbor’s view of the street.  Applicant said the fence would not impede the visibility that much.

 

COMMENTS OF CITIZENS:  Mr. Patrick Soller, President of the Homeowner’s Association for Woods of Mill Valley, addressed the Board.  He stated that there are deed restrictions that prohibit vinyl fencing, which is what Mr. Armstrong is requesting.    Deed restrictions also stipulate a maximum fence height of 5’, and Mr. Armstrong is requesting a 6’ fence, because his dogs will jump over a 4 or 5’ fence. Deed restrictions also state that fencing or walls shall not be located closer to the street and aligned parallel to the street and extending from the rear corner of the home, and in no event shall fences be located closer to any street than the building line shown on the recorded plat, except for ornamental railing, walls or fences not exceeding 3’ in height, located on or adjacent to the entrance, platforms or steps.  Therefore, applicant would be in violation of the deed restrictions, should this variance be granted.  He stated all fencing must be pre-approved by the Design Review Board, which has not been done.

 

Mr. Greg Kepner, a neighbor, stated he does not like fences. They put barriers up between people and are not aesthetically pleasing.  Feels fencing decreases the value of the natural area.

 

DISCUSSION BY BZA MEMBERS:  Mr. Mickley stated the trees were there when Mr. Armstrong purchased the property. He quoted from the code, “Special conditions, circumstances do not result from the actions of the applicant.”  Mr. Armstrong stated he has attempted to reach someone about receiving covenants with no success to date, since moving into the house in June.

 

Mr. Mickley moved to grant the variance, seconded by Mr. Faulkner, and the question put, stood:

 

Mr. Faulkner  NO   Mrs. Timmons  YES  Mr. Thornton  NO  Mr. Mickley  NO   Mr. McMannis  NO

 

Variance denied.

 

Mr. John Marshall addressed the Board about the variances that had previously come before the Board by Dominion Homes.  He expressed resident concerns for overall appearance of Mill Valley.  He appreciated the Board considering each Request for Variance from Dominion Homes individually instead of considering a blanket request.  Putting larger homes on smaller lots affects the overall look of the neighborhood.  It can get very claustrophobic.  He noted although the homes would be extended at the rear of the house instead of on the sides, it would still decrease the lawn size in the backyard, making back doors much closer.  He commented that Dominion knew the rules when they platted the property.  One of the reasons Dominion has given for wanting the variances was “the market is changing and people want certain types of housing.”  Mr. Marshall stated if the market is changing, then plat it differently and put in bigger lots.  He encouraged the Board to keep the residents in mind when considering any future Requests for Variance.

 

ADJOURNMENT:  There being no further business to come before the Board, the meeting adjourned at 7:35 p.m.