Board of Zoning Appeals

The Board of Zoning Appeals (“Board”) met on Monday, September 13, 2021 at 2:00 pm in the 1897 Room, 104 E. Main St, Lancaster, Ohio. Members present were Tim Oatney, Belinda Nebbergall and Rebecca Anderson. Staff present were Stephanie Hall, Law Director and City Prosecutor’s Office, and Pete Vail, Building Department. Chairman Oatney called the meeting to order and explained the procedures of the meeting. Chairman Oatney advised that anyone addressing the Board would be sworn in before speaking. All those wishing to speak were sworn in. Chairman Oatney read the Notice of Appellate Rights to all attendees. Ms. Nebbergall made a motion to approve the minutes from the August 9, 2021 meeting; Ms. Anderson seconded. The members voted by voice to unanimously accept the minutes as written. BZA CASE 623 Mr. Anthony Keefer, contractor, 1632 Ginder Road, Lancaster, Ohio, has submitted an application for area variances for the residence located at 417 Oakwood Avenue. The property is zoned RS-4; Residential Single Family Highest Density. The owner, Ms. Hightower, wishes to add a 12’ x 18’ one car addition onto the existing garage. Planning & Zoning Code Section 1125.02(c) requires the square footage of all accessory buildings to not be greater than sixty percent of the ground floor of the principal structure. The addition will add 216 square feet to the existing garage that is already 432 square feet. The addition will increase the allowed square footage by 72 square feet. The new addition will also require using greater that twenty percent of the required rear yard. Planning & Zoning Code Section 1125.02(c) also requires the usage of the required rear yard not exceed 20 percent. With the combination of the existing garage usage at 242.25 square feet and the additional usage of 88.08 square feet the total exceeds the allowed amount by 170.33 square feet. After a short explanation from Mr. Keefer explaining how they are going to add to the garage, Ms. Nebbergall asked if the utility pole would impede access to the new garage; Mr. Keefer replied it should not. She also inquired as to where the garbage was picked up, in the front or in the alley? Ms. Hightower answered in the front. Ms. Anderson commented that it looks very nice and Chairman Oatney felt that they weren’t doing anything different then what the other neighbors have done. There was no communication nor objections from the City. There was no one in the audience for or against granting the requested action. Ms. Anderson made a motion to approve the area variances; Ms. Nebbergall seconded. The members voted unanimously by roll call to accept the area variances. Ms. Hall spoke on the matter of going to the Planning Commission requesting a zoning text amendment to remove the word deliberation from 1157.03 so the Board of Zoning Appeals would no longer have to deliberate in public; they could recess and go to another room. Ms. Hall stated that several City Councilmen gave some push back due to liking the transparency. She made it clear that the Board needs the ability to consult with council and staff out of earshot of the public. Planning Commission was fine with the request; It will go to City Council for approval. Ms. Hall presented the Entry of the Board's Decision paperwork to the Board for their signatures and then provided the Entry to Mr. Vail for his records and distribution to the property owner. Ms. Anderson made a motion to adjourn; Ms. Nebbergall seconded. Affirmative voice vote. Meeting was adjourned. Respectively submitted, Cathy Welch, Secretary