Board of Zoning Appeals

Board of Zoning Appeals April 13, 2021 Meeting called to order by Chairman Harry Matter in Council Chambers at 5:00pm Members Present: Harry Matter, Tom Strickling, Neil Rupe, and Michele Lieser. Carla Barker is absent. Harry announced that Carla Barker has resigned from the board due to taking on a part time job in the evening. (The Mayor is currently looking for someone to replace her seat on the board.) On a motion by Tom, second by Neil, the Board approved by a roll call vote of Yes-4 (Lieser, Matter, Rupe and Strickling); No-0; Absent-0; Abstain-0, approved minutes from the February 9, 2021 meeting. Motion passed. Appeal #1 M & P Realty-Kathy Pietro – 151 Ashwood Ln NW, NP OH 44663 Improvement Address – 203 & 2011 Church Ave SW & 754 2nd St SW Lot Split – Residential Zone – non-compliance w/1161.07(1) min yard width to split a lot Variance Requested Kathy Pietro presented the variance request to the Board. The lot currently is housing a duplex she built in 1992 with an existing home. She like to split the lots so she can sell the home separate from the duplex. Mike Scolati, Building & Zoning Administrator, explain to the board that a variance requested was approve in February 1992 for setbacks and lot coverage indicating a lot split should of have been done at that time but no record indicating the split. Currently the parcel is not over lot coverage with the duplex & home. Discussion among the Board members continued agreeing to split each lot at 48 ft frontage width to keep in consistence with the other lots in that area, and leave a rear setback of 3ft from the property line (overhang) from the duplex which is less than the 5ft min. allowed for rear setback. Motion by Strickling and second by Lieser, to approve the variance for the lot split with a 48ft front width for each lot and the duplex overhang at 3ft setback from the rear property line. A roll call vote of Yes-4 (Matter, Strickling, Rupe and Lieser); No-0; Absent-0; Abstain-0. Motion passed to grant the Variance. Appeal #2 Ken & Karen Cook – 844 S. Broadway, NP OH 44663 Improvement Address – 856 South Broadway Garage – Residential Zone – non-compliance w/1161.07 (d) driveway setback from alley. Variance Requested Ken Cook presented the variance request to the Board. Mr. Cook said this is a rental property he owns and would like to rebuild the garage in the same location where the foundation is leaving an 18ft driveway setback from the alley. There is a huge pine tree in the yard making it difficult for him to move the garage back to meet the 20ft driveway setback required. His tenants have several vehicles and need an area to park in the back. Board members discussed with Mr. Cook that the old existing foundation may not be useable and a 20ft setback is needed with today’s larger vehicles manufactured to prevent protruding out. Mr. Rupe express to move forward with a motion to uphold the Services Director’s decision. Motion by Rupe and second by Strickling, to deny the variance for 18ft driveway setback from alley. A roll call vote of Yes-4 (Matter, Strickling, Rupe and Lieser); No-0; Absent-0; Abstain-0. Motion passed to deny variance. Appeal #3 Jame Elco – 527 Gary Drive NW, NP OH 44663 Improvement Address – 527 Gary Drive NW Deck – Residential Zone – non-compliance w/1161.05 (d) rear setback Variance Requested Mrs. Elco presented the variance request to the Board. Would like to install a platform style deck next to their concrete patio. The deck would encroach towards the rear property line making it less than the 5ft minimum needed for a rear setback. The Board discussed the fact that the property behind the Elco’s is in the Business Zone and mostly likely would not affect that property. Motion by Rupe and second by Lieser, to approve the rear setback for the deck. A roll call vote of Yes-4 (Matter, Strickling, Rupe and Lieser); No-0; Absent-0; Abstain-0. Motion passed to grant the variance. Appeal #4 Steve Crock – 152 3rd Street NE, NP OH 44663 Improvement Address – 152 3rd Street NE Shed – Residential Zone – non-compliance w/1161.04 over lot coverage Variance Requested Mr. Crock presented the variance request to the Board. Mr. Crock said he like to install a 12 x 14 shed, larger than the 8 x 10 he previously had. He further explained that his neighbors have no problem except for his one neighbor would like the shed moved towards her property line more to help with privacy. The Board discussed with Mr. Crock that moving the shed further towards his neighbor’s property line would be in violation of setbacks and the current submitted drawings to the board show he is in compliance with 5ft setbacks. Due to the how small the lots are in this area any structural improvements to these lots will put the lots over the allowable lot coverage. Motion by Lieser and second by Strickling, to approve the variance for over lot coverage on the shed. A roll call vote of Yes-4 (Matter, Strickling, Rupe and Lieser); No-0; Absent-0; Abstain-0. Motion passed to grant the variance. With no further business to discuss the motion to adjourn the meeting by Rupe and second by Lieser. Meeting adjourned at 5:42pm.