Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS Minutes of Meeting Held January 8 , 2013 7:00 p.m. Council Chambers Date Time Place Members Present: Kevin Heilmeier, Melanie Bushey, Richard Schunk and Richean Kuzior Members Absent: Donald Cooper Chaired by: Kevin Heilmeier Secretary: Velma Williams  Regular meeting  Special Meeting PRESENT: Megan Raber, Law Director Roger Lyons, Code Enforcement Official ITEMS TO BE DISCUSSED Item #1 Case No. 918 David and Jennifer Herman – Applicant/Owner 731 Beachler Road Variance requested from Subsection 1155.09; Minimum side yard setback of 10 feet required. Request variance to 5 ½ feet. For review and approval. The January 8, 2013 meeting of the Board of Zoning Appeals was called to order at 7:00 p.m. by Chairman, Kevin Heilmeier. The meeting was opened with the Pledge of Allegiance. Roll called. All members were present with the exception of Donald Cooper. Mr. Heilmeier: I’ll need a motion to excuse Mr. Cooper. Mr. Schunk: So moved. Mrs. Kuzior: seconded the motion. Roll called. All members present voted in favor (4-0). Mr. Heilmeier: At this time, we’ll have an election of officers. We’ll need a motion for Chairman and Vice Chairman. Board of Zoning Appeals – January 8, 2013 2. Mr. Schunk: I’ll move that Mr. Heilmeier be nominated for Chairman of the Commission. Mrs. Kuzior: seconded the motion. Mr. Heilmeier: Any other nominations? Roll called. Motion passed with a vote of 3-0-1 with Mr. Heilmeier abstaining. Mr. Heilmeier: Vice Chair? Mrs. Bushey: I’d like to make a motion for Mrs. Kuzior to be Vice Chairperson. Mr. Heilmeier: seconded the motion. Roll called. Motion passed with a vote of 3-0-1 with Mrs. Kuzior abstaining. Mr. Heilmeier: Okay, we need the approval of the December 11, 2012, meeting minutes. Mr. Schunk: So moved. Mrs. Bushey: seconded the motion. All members present voted in favor (4-0). Mr. Heilmeier: Any agenda additions from the city? Oh, we have to do the dates. Okay, in front of you, you have the calendar for 2013. The gray ones are scheduled meetings. Basically you just need our approval for the meetings we’re going to have, is that what you’re asking for? Mrs. Raber: That’s correct and really primarily it affected the two other boards which had meeting dates that fell on holidays this year. Your board doesn’t have any affected dates but it’s probably helpful for you to have that calendar and adopt it ahead of time anyway. Mr. Heilmeier: Okay. I’ll entertain a motion to accept this calendar as the dates for our scheduled meetings for 2013. Mrs. Kuzior: so moved. Mrs. Bushey: seconded the motion. Roll called. All members present voted in favor (4-0). Mr. Heilmeier: Any agenda additions besides that one? Board of Zoning Appeals – January 8, 2013 3. Mr. Lyons: No sir. Mr. Heilmeier: Any correspondence? Mr. Lyons: No sir. Mr. Heilmeier: Okay. It is now 7:05. Case No. 918. Item #1 Case No. 918 David and Jennifer Herman – Applicant/Owner 731 Beachler Road Variance requested from Subsection 1155.09; Minimum side yard setback of 10 feet required. Request variance to 5 ½ feet. For review and approval. Mr. Heilmeier: Is the applicant here? Come up and we’ll swear you in and we’ll get going. Mr. David A. Herman was sworn in. Mr. Heilmeier: State your name and address please. Mr. Herman: David A. Herman, 731 Beachler, Tallmadge, Ohio. Mr. Heilmeier: Why don’t you go over your request for a variance? Mr. Herman: I had a previous variance for this garage and I would like to move the location from where I had it to the end of my drive so that I don’t have future problems with having to put a driveway in or maintaining or driving over the lawn and getting my wife mad. I was just going to put it at the end of the driveway but I don’t have a full 10 feet in order to get the garage in. So I’m asking for a variance to 5 ½ feet so I can get this garage and I’ve made the garage, I’ve changed the plans. Its smaller square footage barely but its only 22 feet wide now so it will fit in that area instead of 24 feet wide. I’ve talked to; I called Troy and Vicky McMillen who own the property next to mine. They live in Indiana. I used to maintain their property for a couple of years. I believe you have a letter in front of you that says they have no problem with me building that and wish me good luck on it. Basically the building is the way I look at it, already approved. That variance already went through. I just want to move it to a more conducive spot so I don’t have to deal with a driveway later on and I can look out the back window and just see the woods instead of a garage. It was a poor choice of mine the first time. I’d rather have it at the end of the drive if I’m allowed. Mr. Heilmeier: At this time we’ll open the Public Hearing (7:09 p.m.). Would you like to say anything? Okay, I’ll close the Public Hearing (7:09 p.m.) and turn it over to the committee. Board of Zoning Appeals – January 8, 2013 4. Mrs. Raber: Mr. Heilmeier, if I can just note for the record that there’s no other persons in the audience besides the applicant and I believe the applicant’s wife. Just wanted to make that clear. Thank you. Mr. Heilmeier: I do have one question. Is it on the same side of your lot that it was before? Mr. Herman: No. It was on the southwest corner. Now it’s going to be on the northwest corner. Right across from it is really just a bunch of trees. It’s an unmaintained portion of my neighbor’s property. Troy and Vicky said they didn’t care. Mrs. Bushey: So your first variance was, you were going to go across your yard. Is that Mr. Herman: No. The first variance was because of the square footage. I would have been over the allowable square footage. You approved going over. I think it’s got to be 900 and it went up to 1,004 altogether. That was approved. Now all I’m looking is to basically build the same building except move it from the back right corner of my property to the left side. Mr. Lyons: If anybody wishes, I do have a copy of the Site Plan that he submitted for his previous variance. Mr. Schunk: The first Site Plan didn’t require any side yard setback variance. Mr. Lyons: No. He was 10’ away from his south property line. Mrs. Kuzior: How much square footage is the new design? You said it’s smaller. How many square feet is the new design? Mr. Herman: I don’t know off the top of my head. It was 24 X 36; now it’s 22 X 39. Mrs. Kuzior: So you did lengthen it. Mr. Herman: I made it 3’ longer but its 2’ shorter; 3’ longer, 2’ less wide. So it ends up smaller by 6 or 12 square feet; something like that. I don’t have a calculator on me. Mrs. Kuzior: I usually bring one but I didn’t bring it. Mr. Heilmeier: You’re on a dead end street, right? Mr. Herman: I’m actually in no man’s land. We’re in between the two Beachlers and every once in a while a truck will try and go through there and get stuck in the middle of the winter. It’s eventful; something to look at. Mrs. Kuzior: You have no intention of running a business out of this building, correct? Board of Zoning Appeals – January 8, 2013 5. Mr. Herman: No, mam. Mrs. Bushey: Are you planning to give up basketball? Mr. Herman: No. I’m not sure if I want to, I have that basketball goal right there. I might just move it to the side or maybe just leave it there and pull a car in on either side of it. I’m not sure yet. If it’s in the way, I definitely have to move it or my son will kill me. He uses it all the time. Mr. Heilmeier: You’ve got another shed there right now, right? Mr. Herman: Yes. Mr. Heilmeier: Now is that coming down or staying? Mr. Herman: That’s going to stay. Mr. Heilmeier: Okay. Mr. Herman: There’s like thirty feet in between those. Mr. Lyons: Mr. Heilmeier, you were asking about the square footage. The new building is actually just six square feet less than the previous submittal. He would still need a variance but not quite as much as was obtained before. Mrs. Kuzior: So we have to list that? Mr. Lyons: No, he’s already gotten the square footage and I believe it’s been discussed at the meeting. Mrs. Kuzior: How long is that good for, Roger? Mr. Lyons: A variance is good for a year. Mrs. Kuzior: Oh, a year. Mrs. Bushey: You’re planning to start your project when, if you get your variance? Mr. Herman: I still have to get some extra plans. I got to get with Roger about a Certificate of Zoning I think and stuff like that, whenever the weather breaks and we can dig for the footers and everything, basically probably in the spring. I don’t think its going to happen now. It’s January in Ohio. Mr. Heilmeier: Okay, any other questions for the applicant? Mr. Schunk: I’m curious does the city plow that unimproved road? Board of Zoning Appeals – January 8, 2013 6. Mr. Herman: No, they sometimes plow me in. They’ve been pretty good lately. Our driveway basically turns into 4 shared driveways. Lately they’ve been actually pushing it into no man’s land so it helps a little bit. That’s a lot to do by hand. It keeps you young though. I’ll let you experience it if you’d like. Mr. Heilmeier: Anybody would like to make a motion? Mr. Schunk: I’ll move that the variance requested from Subsection 1155.09 (a); minimum side yard setback of 10’ required be approved to 5 ½’. Mrs. Kuzior: seconded the motion. Roll called. All members present voted in favor (4-0). Mr. Heilmeier: Thank you. Your variance was approved. Mr. Herman: Thank you very much. I appreciate it. Mr. Heilmeier: We will adjourn until February. Do we have a meeting in February? Mr. Lyons: I’m not aware of any applications at this time. Mrs. Kuzior: seconded the motion. All members voted in favor. Meeting adjourned at 7:15 p.m. Respectfully submitted, ______________________________________ ______________________________________ Velma J. Williams, Secretary Kevin Heilmeier, Chairperson