Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on March 6, 2014 at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. President Wood called the meeting to order at 7:00 p.m. and asked for a roll call. ROLL CALL OF MEMBERS Present: Absent: President Wood Vice President McClung Board Member Friend Board Member Six Board Member Manchin City Staff Present: City Planner Kathy Wyrosdick Recording Secretary Mark Miller APPROVAL OF MINUTES President Wood asks for a motion to approve the minutes from the December 5, 2013. Board Member Six motions to table the minutes. Board Member Friend seconds the motion. Minutes are approved 5‐0. President Wood asks for a motion to approve the minutes from the January 2, 2014. Board Member Six motions to table the minutes. Board Member Friend seconds the motion. Minutes are approved 5‐0. PUBLIC HEARINGS FOR March 6, 2014 1. BGP, LLC is requesting to expand a non‐conforming use within an existing building located at 907 Virginia Avenue. The applicant wishes to renovate and occupy 3 apartments within the existing structure where only 1 is permitted. Ordinance 1349.02(d) (Tax Map 01‐40, parcel 222). Page 1 of 3 President Wood asks for staff comments on the request. City Planner Katherine Wyrosdick comments that the existing structure is a three unit structure located within the Neighborhood Mixed Use zoning district. She explains that because the units were never registered with the Rental Registration Program the City is unable to determine when of if they became a nonconforming use. The lot is 6000 square which would permit only a single family dwelling. The code requires 1 parking space per bedroom. The site has a detached 1 car garage and driveway accounting for 2 off‐street tandem spaces. The applicant must provide all six spaces and should utilize the garage for parking and not storage. She recommends that the request be approved subject to providing adequate parking by renovations to the existing garage and assignment of parking spaces within each lease. President Wood comments on the Fire Department comment regarding parking at the site. He asks if there is anyone present to speak in favor of the request. Gregg Hrapchack is present to speak on behalf of the request. He discusses the current parking situation at the site with the BZA. He addresses the items mentioned by the Planning Director and assures the Board that he can assign parking spaces within the lease. Hrapchack suggests that the garage be converted to a carport. City Planner Kathy Wyrosdick discusses the status of the garage mentioning that if the existing garage is torn down it cannot go back in the same place due to an inadequate setback. If the applicant wishes to convert to the garage to a carport then the setback need be only 5’. President Wood asks if there is anyone else present to speak for the request. There is not. President Wood asks if there is anyone present to speak against the request. There is not. President Wood asks for a motion to close the Public Hearing. Board Member Six motions to close the public hearing. Board Member Manchin seconds the motion. The vote is 5‐0 to close the public hearing. President Wood points out that any motion on the item should include all of the stipulations recommended by planning staff. Page 2 of 3 Board Member Manchin makes a motion to approve the request based on precedent set by previous cases. President Wood reminds the Board that each case must be decided independently. Manchin motions to approve the expansion of the nonconforming use with the contingency that the renovations occur on the interior of the structure with no exterior modifications, that the garage be converted to a carport that meets City standards, that the tandem parking driveway shall be designated for the two bedroom apartment by lease agreement, and the carport will by assigned to the one bedroom apartment by lease agreement. Board Member Six seconds the motion. The vote is 5‐0 DISPOSITION OF PAST CASES None OTHER BUSINESS None President Wood asks for a motion to adjourn. Board Member Friend made a motion to adjourn. Board Member Six seconds the motion. The vote is 5‐0 Page 3 of 3