Board of Zoning Appeals

The Board of Zoning Appeals (“Board”) met on Monday, September 11, 2023, at 2:00 pm in the 1897 Room, 104 E. Main St, Lancaster, Ohio. Members present were Rebecca Anderson, Jim Bahnsen, Jim Edwards, Belinda Nebbergall and Tim Oatney. Staff present were Stephanie Hall, Law Director, Pete Vail, Zoning Official, David Scheffler, Mayor, Paul Martin, Service Safety Director, Phyllicia Faieta, City Planner, Geoff Davis, Building Department and Kendra Brown, Administrative Assistant. Chairman Tim Oatney called the meeting to order and explained the procedures of the meeting. Mr. Oatney also advised that anyone addressing the Board would be sworn in before speaking. All those wishing to speak were sworn in. Mr. Oatney read the Notice of Appellate Rights to all attendees. BZA Case No. 675 – Withdrawn BZA Case No. 676 Randy & Melanie Snoke of 935 Fairfield Ave., Lancaster, Ohio, have applied for an area variance (BZ- 00676) for their property at the same address, also known as parcel number 0536069800. Note that lots 15 & 16 have been joined through the Fairfield County Auditor's Office and are under one parcel number. The property is zoned RS-4: Residential Single-family Highest Density. The Snake's are planning to demolish an old mobile home and detached garage, clear the south lot and build a new 1,200 square foot detached garage in the rear yard of that lot. Planning & Zoning Code Section 1125.02(c) Requires the square footage of detached accessory buildings not exceed sixty percent of the ground floor area of the principal structure. Combining the existing 24'X24' detached garage directly behind the home and the new 1,200 square foot garage, the Snoke's will 999.2 square feet over what the zoning code will allow them. Randy and Melanie are requesting the Board grant the area variance for the additional square feet of accessory building. After a brief description from Mr. Snoke detailing wanting to build a 1200 square ft four-car garage, demo of house and existing garage, and clean up of the property. The garage will have the same siding as the house. The access to the garage will be from the street with a gravel driveway. There were concern from the City about the large amount of square footage but no objections. There was no one in the audience for or against granting the requested action. Ms. Nebbergall made a motion to approve the use variance from a 30x40 garage to a 30x30 garage not to be used for commercial purposes; Mr. Bahnsen seconded the motion. The members voted unanimously by roll call to grant the use variance and signed an entry stating the same. BZA Case No. 677 Mr. Bryan Everitt of 144 E. Main St., Lancaster, Ohio, has applied for two special exceptions (BZ- 00677} for the second floor of the Baughman Building, 219 S. Columbus St., also known as parcel number 0535037100. This is a mixed-use building owned by Mr. Everitt and a partner who together own LAN Holdings, LLC. The limited liability company wishes to operate a short-term rental on the second floor with garage space below. The front of the building is a potential commercial space not in use currently. The property is zoned CBD: Central Business District. Planning & Zoning Code Section 1133.05(c} (3) requires a special exception be granted for a residence on the upper floors of a commercial building. The zoning code does not provide the requirements for a short-term rental. In this case a special exception will be required for a similar use found in code section 1133.05(c} (6} since the use is like a bed & breakfast found in code section 1129.02(d)(7). Mr. Everitt is requesting the Board to grant a special exception for the second-floor residential unit and a special exception for the similar use as a short-term rental. After a brief description from Mr. Bryan Everitt and Mr. Brad Gryualski of the LAN Holdings LLC detailing the of changing the long-term rental to short-term rental of the studio apartment above the garage bay. The garage can be accessed for parking and there is street parking in front of the building. There is a fire door that separates the garage to the apartment. There were no communications nor objections from the City. There was no one in the audience for or against granting the requested action. Mr. Edwards made a motion to approve the special exception as proposed; Ms. Anderson seconded the motion. The members voted unanimously by roll call to grant the special exception and signed an entry stating the same. BZA Case No. 678 John & Sarah Clendenin, of 403 N. Maple St., have applied for area variances (BZ00678) for their property at the same address also known as parcel number 0533045600. The property is zoned RS-4: Residential Single-family Highest Density. The lot is 47.25 feet wide, 113.3 feet deep, is situated as a corner lot, and the driveway access is on King St. at the rear property line. The Clendenin's wish to replace the old garage along the rear and side yard lines with a new garage in the same location as the old and extending it closer to King St. by five feet. A side yard setback does not exist or proposed. There are three violations of the zoning code when considering this request. Planning & Zoning Code Section 1125.02(c) requires the detached building not to exceed using more than twenty percent of the required rear yard. The zoning code allows the building to occupy 189 s.f. of the required rear yard and in this case the building will occupy 400 s.f. This is 211 s.f. more than what the zoning code allows. An area variance will be required for this increase in square footage. With the new footprint extending the garage closer to the street along the rear lot line and extending further to the front (east) along the side lot line, the nonconformity of the building is also increased. Planning & Zoning Code Section 1153.0S(a) allows you to extend the nonconformity up to twenty-five percent of the original building, or in this case 60 square feet. In this case they are increasing the size of the garage by a total of 160 square feet, or 66%. By exceeding the maximum square feet allowed an area variance will be required. Because of the proposed location of the new garage, its increased length and placement on the lot, its nonconforming use of the required rear yard, further extension along the rear lot line without any setback from that line, and not decreasing or maintaining its degree of nonconformity, an area variance will be required. The Clendenin's are requesting the Board grant area variances for the increased use of the required rear yard, increased footprint greater than 25 percent of the original building, and for increasing the degree of its nonconformity. No one was available to speak on the behalf of this case. After some discussion with the board, the case was tabled to the next meeting to have the homeowners in to answer questions. Mr. Edwards made a motion table the variance due to lack of information; Mr. Bahnsen seconded the motion. The members voted unanimously by roll call to table the variance. Mr. Bahnsen made a motion to adjourn; Ms. Anderson seconded. The members voted unanimously to adjourn by voice vote.