BOARD OF ZONING APPEALS

CITY HALL, 100 LOCKVILLE ROAD

THURSDAY, SEPTEMBER 29, 2011

PUBLIC HEARING

7:00 P.M.

1. CALL TO ORDER: Mr. Wells called the public hearing to order at 7:00 P.M. with the following members present: Mr. Allen, Mr. Wells, and Mr. Cline. Mr. Linek and Mr. Wright were absent. Others present were Scott Fulton, Karen Risher, Renee Robare, Sean Robare, Mark Matthews, and Jason Heitmeyer.

2. APPROVAL OF MINUTES OF August 25, 2011. Mr. Wells moved to approve, Mr. Cline seconded the motion. Roll call was taken with Mr. Cline, Mr. Wells, and Mr. Allen voting “Yes”. Motion passed, 3-0.

3. SCHEDULED MATTERS:

A. Review and request for a motion to approve a rear yard building setback variance for a deck at 989 Gray Drive (Windmiller Pond Subdivision).

Mr. Fulton reviewed the report provided to the Board members and stated that the applicant is proposing to construct a deck that is approximately 16 feet by x 26 feet (416 square feet). The required setback is 35 from the rear property line in the R4 zoning district. The proposed deck would be located approximately 29 feet from the rear property line to the south. It would protrude approximately 6 feet into the rear yard setback. The property is surrounded by residentially zoned properties to the east and south. The neighbors to the south did receive a variance in 2006 to construct their deck. Reserve A of Windmiller Ponds Subdivision is to the north and west and this area will not be developed. It appears that the deck would have a minimal impact on surrounding properties. Staff supports the rear yard building setback variance for the deck that meets the minimum zoning requirements and the following condition:

1. That the rear setback for the deck shall be reduced from 35 feet to 29 feet.

After being duly sworn, Mr. Sean Robare stated that initially the rules had them a little upset, however, staff did meet them at their house, and he was able to show staff what they wanted to do. At that time he also pointed out that the neighbors had a deck. Staff did check on that and called him the next day and advised the neighbor had gotten a variance for that deck.

Mr. Cline moved to approve that the rear setback variance request shall be reduced from 35 feet to 29 feet; Mr. Wells seconded the motion. Roll call was taken with Mr. Cline, Mr. Allen, and Mr. Wells voting “Yes”. Motion passed, 3-0.

B. Review and request for a motion to approve a side yard (west) building setback variance and a parking space variance for Mark Matthews and Associates Insurance located at 107 West Columbus Street.

Mr. Fulton stated that the applicant received several variances at the August 2011 Board of Zoning Appeals meeting to construct a 29 feet by 36 feet (approximately 1,044 square feet) addition to the rear of the property. Access was approved to come off of Park Alley, a one way alley going east. That has been reconsidered and the applicant would now like to have access come off of Cross Street. He further stated that he and the City Engineer, Greg Bachman, went to the site to meet with the applicant and look at the property. They decided that should they choose to move the access to Cross Street it would not be an issue and would probably make more sense as most people would not know that they need to come all the way down the alley and instead would come in off of Cross Street. There were 11 spaces required and last month that was approved to go down to 10, now with the reconfiguration it will go from 10 down to eight. There is street parking all along West Columbus Street and the City lot is located nearby. With this type of business there will not be a lot of people coming to the office and a reduction of three spaces over all does not seem to be an issue.

Mr. Fulton stated that based upon the addition, an ADA wheelchair ramp is now required on the property and anywhere that an attempt to put this ramp will require a variance. Placing the ramp on the west side of the property it has the least amount of impact and least amount of variance. The west side (side yard) building setback for the site is 15.2 feet; however, the proposed ADA ramp would have a setback of 5.2 feet. Therefore, a 10 feet building setback variance would be required.

Staff supports the variance requests that comply with the minimum zoning code requirement5s and the following conditions:

1. That a side yard (west) building setback shall be reduced from 15 feet to five feet.

2. That the number of required parking spaces be reduced from 10 spaces to eight

spaces.

After being duly sworn, Mr. Mark Matthews stated as they went over this in greater detail, although it does reduce parking spaces, having the access to the parking coming in off of Cross Street does seem to be a safer option. With the location of the handicap space, coming into the lot from Cross Street would also be safer if someone needs to use the handicap ramp to get into the building. Mr. Allen clarified that the parking stalls are the same measurements as they were before.

Mr. Allen moved to approve with the following conditions;

1. That a side yard (west) building setback shall be reduced from 15 feet to five feet.

2. That the number of required parking spaces be reduced from 10 spaces to eight

Spaces.

Mr. Cline seconded the motion. Roll call was taken with Mr. Cline, Mr. Wells, and Mr. Allen voting “Yes”. Motion passed, 3-0.

4. OTHER BUSINESS: Mr. Fulton stated that at this time there is a setback variance request for a deck on the agenda for next month

5. ADJOURNMENT. There being nothing further, Mr. Wells moved to adjourn; Mr. Cline seconded the motion. Roll call was taken with Mr. Cline, Mr. Wells, and Mr. Allen voting “AYE”. Motion carried 3-0. The Board of Zoning Appeals meeting adjourned at 7:25 P.M. on September 29, 2011.

RESPECTFULLY SUBMITTED:

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Karen I. Risher, Deputy City Clerk

ATTEST:

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Scott Fulton, City Planner