VILLAGE OF EVENDALE
BOARD OF ZONING APPEALS
MINUTES FOR THE
October 15, 2014
Pursuant to written notice, a public meeting of the Board of Zoning Appeals (the “BZA”) was called to order by Chairman Al Schutte at 7:30 PM on Wednesday, October 15, 2014, in the Council Chambers of the Village of Evendale Municipal Building. Attending in person were Chairman Al Schutte, members Dave Harwood, Lynn McCarthy, Mike Reed and Ken Valentine. Supporting the BZA was Pam Morin from the Evendale Building Department.
After all those present who planned on giving testimony were duly sworn in by Chairman Schutte, the following appeal was heard:
Barat Shah
3222 Turgot Circle
The applicant has submitted an application for a nineteen (19) foot variance from Schedule 1246.07 of the Village of Evendale Zoning Code to construct an addition with a rear yard setback of sixteen (16) feet.
#V-14-03
Mr. Shah’s house is located in a cul-de-sac. The original house has a 29 foot rear yard setback. Chairman Schutte explained that during the original review of the subdivision, the developer had to show the placement of the structures on each lot and that the BZA should consider the existing 29 foot setback as an approved variance. Mr. Shah explained that the existing deck was put on by the previous owner and is located 13 feet from the rear lot line. No record for the construction of the deck was found in the Building Department’s files. Mr. Shah has submitted plans to remove the deck surface and construct a 320 square foot Three-Season Room over the existing deck foundation. The new addition will increase the existing 13 foot rear yard setback to a 16 feet rear yard setback. The addition will
be constructed of brick or stucco, have large windows and egress located on both sides so they will not be stepping out into the rear yard. Mr. Shah said that the home if the nearest neighbor in the rear is approximately 200 feet.
Notifications were sent out to all property owners within 300 feet. Two residents came in to the Building Department to view the file. Both were satisfied and had no objections once they realized that the addition wouldn’t increase the footprint of the existing house.
Mike Reed stated that he normally wouldn’t consider such a substantial encroachment. He did feel that the request was mitigated because the combination of rear yards separating the homes of Mr. Shah’s and the neighbors behind him was greater than 75 feet. Dave Harwood did express some concern about the size of the requested variance but agreed that the new code does give the BZA some flexibility.
Section 1284.05(b) of the Village of Evendale Zoning Code – Prohibited Variances was read and discussed. Chairman Schutte read the Variance Standards and Mr. Shah’s response to each of the seven standards into the record.
Finding of Facts:
After hearing Mr. Shah’s testimony and reviewing the documents filed and exhibits presented, the BZA makes the following Findings of Fact:
1. The proposed addition will create an encroachment of three foot less than the existing deck;
2. The distance between the two home will be greater than the required combined rear yard setback of two abutting homes;
3. Because the proposed addition is 13’6” high, it is more of an imposing structure than the existing deck;
4. This is a unique situation because this parcel is very narrow due to their location on the cul-de-sac and the poor positioning of the home.
Motion:
Mike Reed made the following motion:
1. Whereas, the applicant submitted an application for a building permit which was denied by the Village of Evendale Building Commissioner;
2. Whereas, an appeal from the decision of the Village of Evendale Building Commissioner was made in a timely manner;
3. Whereas, the BZA’S review of Section 1284.05(b) of the Village of Evendale Zoning Code revealed there was no prohibitive variances being sought;
4. Whereas, the applicant has shown compliance with the standards for variances as set forth in Section 1284.05(c) of the Village of Evendale Zoning Code;
Therefore, upon motion to approve the variance was made by Mike Reed and seconded by Lynn McCarthy. The motion passed with a vote of 4 – 1 (Al Schutte opposing).
A motion to approve the minutes of the June 5, 2014 meeting with one change was made by Lynn McCarthy and seconded by Dave Harwood. The motion passed with a 4 – 0 vote, with Mr. Valentine abstaining because he was not yet appointed to the BZA.
The meeting was adjoined at 7:55 PM.
Al Schutte, Chairman
Board of Zoning Appeals
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