Board of Zoning Appeals

CITY OF TALLMADGE BOARD OF ZONING APPEALS Minutes of Meeting Held July 9, 2013 7:00 p.m. Council Chambers Date Time Place Members Present: Donald Cooper, Melanie Bushey and Richean Kuzior Members Absent: Kevin Heilmeier and Richard Schunk Chaired by: Richean Kuzior Secretary: Velma Williams  Regular meeting  Special Meeting ADMINISTRATION PRESENT: John Scavelli, Assistant Law Director Roger Lyons, Code Enforcement Official ITEMS TO BE DISCUSSED Item #1 Case No. 923 Josh Davis – Applicant/Owner 1758 Juniata Road Variance requested from Subsection 1157.07 (a); Minimum front yard setback of 50 feet required. Request variance to 20 feet. For review and approval. Item #2 Case No. 924 Greg Chaplin – Applicant Matt & Jennifer Hanna - Owners 444 Newton Street Variance requested from Subsection 1155.07(a); Minimum front yard setback of 50 feet required from proposed right of way per Tallmadge Thoroughfare Plan. Requesting variance to 47 feet. For review and approval. The July 9, 2013 meeting of the Board of Zoning Appeals was called to order at 7:09 p.m. by Acting Chairman, Richean Kuzior. The meeting was opened with the Pledge of Allegiance. Roll called. Kevin Heilmeier and Richard Schunk were absent. Board of Zoning Appeals – July 9, 2013 2. Mrs. Kuzior: I’ll move to excuse Mr. Schunk and Mr. Heilmeier. Mr. Cooper: seconded the motion. Roll called. All members present voted in favor (3-0). Mrs. Kuzior: The next item of business is the approval of the minutes of the May 14, 2013 meeting of the Board of Zoning Appeals. Mrs. Bushey: So moved. Mr. Cooper: seconded the motion. Roll called. All members present voted in favor (3-0). Mrs. Kuzior: Are there any additions to the agenda tonight? Mr. Lyons: No mam. Mrs. Kuzior: I’d like to make a suggestion. For Item #1, Case No. 923, Mr. Josh Davis or any of his representatives have not signed in. We would like to make a motion that Item #2, Case No. 924 go ahead of Item #1. Mrs. Bushey: seconded the motion. Roll called. All members present voted in favor (3-0). Mrs. Kuzior: Okay, so the next item of business is Case No. 924. Item #2 Case No. 924 Greg Chaplin – Applicant Matt & Jennifer Hanna - Owners 444 Newton Street Variance requested from Subsection 1155.07(a); Minimum front yard setback of 50 feet required from proposed right of way per Tallmadge Thoroughfare Plan. Requesting variance to 47 feet. For review and approval. Mrs. Kuzior: Greg Chaplin, are you available? Can you step to the podium please? I now declare the Public Hearing open (7:06 p.m.). Can you identify yourself with your name and address? Mr. Chaplin: Greg Chaplin, 596 South Elm. Mr. Greg Chaplin was sworn in. Board of Zoning Appeals – July 9, 2013 3. Mrs. Kuzior: Can you tell us why you’re seeking this variance? Mr. Chaplin: The owners of the property want to construct a porch addition off the front of the house. This will be a covered addition. Currently the set back is such that they would need to encroach 3’ into that setback so we’re seeking a variance to be able to build 12’ out from the face of the house. Mrs. Kuzior: Board members, do you have any questions for Mr. Chaplin? Mrs. Bushey: No. Mrs. Kuzior: So that 3’ variance includes the overhang, correct? Mr. Chaplin: That is correct. Mrs. Kuzior: Okay. I don’t see any problem with this myself. I went and looked at the property and there are other properties on the street that have the same situation and 3’ is not that big of a difference so I don’t have a problem with this. I will entertain a motion. Would anyone in the audience like to speak in favor of this request? Would anyone in the audience like to speak in opposition of this request? I’ll close the Public Hearing (7:10 p.m.) and entertain a motion. Mrs. Bushey: I’m going to make a motion to approve the variance Case No. 924, for 444 Newton Street requested from Subsection 1155.07 (a); minimum front yard setback of 50’ required from proposed right of way per Tallmadge Thoroughfare Plan; request variance to 47’. Mrs. Kuzior: seconded the motion. Roll called. All members present voted in favor (3-0). Mrs. Kuzior: Your variance has been approved. Mr. Lyons: I tried to call Mr. Davis, there was no answer. I could try another number. Mrs. Kuzior: What’s the procedure for this? We’ve never had this happen. Mr. Scavelli: You could table it and then give him a chance to come back next time. Mr. Lyons: I called Mr. Mosholder, he’s going to try to get a hold of Josh and he’ll call me right back. Mr. Mosholder could come down and represent Mr. Davis, if you gave him about six minutes. Mrs. Kuzior: Okay, six minutes. Okay, here he comes. Board of Zoning Appeals – July 9, 2013 4. Mr. Lyons: Mr. Mosholder, thank you for coming to this meeting. Let me show him the application and he can sign in. Mrs. Kuzior: Okay, the next item of business is the Public Hearing for Case No. 923. Item #1 Case No. 923 Josh Davis – Applicant/Owner 1758 Juniata Road Variance requested from Subsection 1157.07 (a); Minimum front yard setback of 50 feet required. Request variance to 20 feet. For review and approval. Mrs. Kuzior: I now declare the Public Hearing open (7:23 p.m.) Please step to the podium and address the board and identify yourself with your name and address. Mr. Mosholder: Bill Mosholder, 183 Blessing Drive, Tallmadge. Mr. Bill Mosholder was sworn in. Mrs. Kuzior: Can you tell us why you’re seeking this variance. Mr. Mosholder: Well I do remember, it had been a long time since Josh came to me and talked about this. Basically what he wanted to do was put a reverse gable over, take down the existing porch area, put a more decorative reverse gable up in the front and we reviewed the setbacks. Throughout that street they’re very close to what he was asking for. So I told him I would recommend before he even applied, go talk to Roger and make sure what we’re visualizing seems to make sense. They did. Once the design was done, it ended up from the existing front porch it ends up protruding out an additional 2’ and its going to greatly enhance the front façade of the house and it will blend in. I think the original setback you said was 25’. Mr. Lyons: I believe so. Mr. Mosholder: I think there’s a lot of examples there of 25-20’ existing so it should blend in real nice and doll up the front real nice. Mrs. Bushey: I’m going to ask a question. He showed us what, when I went out and looked at the house, what’s the new porch going to look like. Do you remember? Mr. Mosholder: I just remember it’s a reverse gable structure instead of just having like a barn roof. Mr. Lyons: I think essentially, the existing structure is metal. Mr. Mosholder: Shed type roof. Board of Zoning Appeals – July 9, 2013 5. Mr. Lyons: Shed roof straight out to the street and he’s trying to make it look a little nicer with a pitched roof affect. Mr. Mosholder: I think it will receive shingles instead of just being the metal. Mr. Lyons: Right. It should be a much nicer looking structure when he’s done. Mrs. Kuzior: Will it be any further out than any Mr. Mosholder: It protrudes out 2 more feet than it was. Mrs. Kuzior: Just two more feet than what this does now. Mr. Mosholder: What’s existing there now. Mrs. Kuzior: Okay. Mr. Lyons: I would say based on looking at the GIS map, most of the houses there are in the 25’ range of setback. Mrs. Kuzior: I have no problem with this. I think it will enhance the property. Does anybody else on the Board have any questions or comments? Mrs. Bushey: I think it will be a nice addition. Mrs. Kuzior: I’ll close the Public Hearing (7:27 p.m.) and entertain a motion. Mrs. Bushey: I move to approve the variance from Subsection 1157.07 (a); minimum front yard setback of 50’ required; requesting variance to 20’. Mrs. Kuzior: seconded the motion. Roll called. All members present voted in favor (3-0). Mrs. Kuzior: Your variance has been approved. Mr. Mosholder: Thank you very much. Mrs. Kuzior: Thank you. I’ll make a motion to adjourn. Mrs. Bushey: seconded the motion to adjourn. All members present voted in favor (3-0). Meeting adjourned at 7:30 p.m. Respectfully submitted, Board of Zoning Appeals – July 9, 2013 6. ______________________________________ ______________________________________ Velma J. Williams, Secretary Richean Kuzior, Acting Chairperson