Village of Evendale
Zoning Board of Appeals
Minutes for the
June 2, 2010 Meeting
The Zoning Board of Appeals (ZBA) was called to order by Chairman Al Schutte at 7:30 P.M. on Wednesday, June 2, 2010, in the Council Library of the Village of Evendale Municipal Building. Attending were Chairman Al Schutte, members Dave Harwood, Lynn McCarthy, Mike Reed and Tom Lippert. Supporting ZBA was Pam Morin (Building Department).
The following requests were heard:
Tracy Hofmann, 10210 Normandy Close
A request for a variance from Section 1246.04 of the Village of Evendale Zoning Code requiring a minimum rear yard setback of 35 feet
File #V-10-03
The two-story house is positioned at a 45 degree angle on the corner lot at Sherbrooke Drive and Normandy Close. The house is a non-conforming structure because it does not meet the required 35 foot rear yard setback; the north-east corner of the house has only a 10 foot setback. The previous deck was removed because it had deteriorated and had become unsafe. Without the deck and due to the grade of the of the rear yard, the two doors from the family room are now 4 and 8 feet above grade. The northeast door is 34’ from the property line and the second door is 41’.
Tracy Hofmann submitted plans to redesign and rebuild the deck to make the maximum use of her property. The proposed deck has two levels. The lower level deck is 13’6” from the rear lot line. The previous deck was 22’5” from the rear lot line. Tracy Hofmann argued that the increased 8 foot encroachment does not increase the non-conformity because the house is still 3’6” closer to the lot line than the proposed deck.
A letter was received from the neighbor who would be most affected if the variance was granted. They had reviewed the proposed plans and found no objections to them. They requested that the variance be granted.
The ZBA committee read through the six justifications and agreed that the applicant had met all justifications. In response to a concern made by Mike Reed, Tom Lippert cited Section 1284.02 of the Village of Evendale, “The reviewing body should give all proper deference to the spirit and intent embodied in the language of this Code and to the reasonable interpretations of that language by those charged with the administration and enforcement of the Code.”
A motion was made by Tom Lippert and seconded by Lynn McCarthy to grant the variance in accordance with the submitted plans.
The motion passed with a 5 yes, 0 no vote.
So-Low Environmental, 10310 Spartan Drive
Applicant has submitted a request for a variance from Section 1250.04 of the Village of Evendale Zoning Code limiting the maximum building coverage to 40%
File #V-10-04
In the fall of 1999, So-Low Environmental built a 37,700 square foot addition. In 2004 So-Low Environmental submitted plans for a 1,000 square foot addition and was granted a variance from Council to allow the 49.5% building coverage. The business has continued to grow and they have proposed a 27,000 square foot addition. With the purchase and consolidation of a 25’ wide and 227.5’ deep vacant parcel to the north of their building, the new addition would require a 51.7% building coverage. This would increase the variance by 2.2%.
According to the Planning Commission minutes, So-Low Environmental was to receive a second variance to allow loading in the front yard according to Section 1258.08 of the Village of Evendale Zoning Code. Don Mercer, Village of Evendale Building Commissioner, reviewed this section and is of the opinion that no variance is required. The ZBA made no decision on this issue.
The committee discussed the six required justifications. There was a short discussion that justification #3 was not met. This justification is “The special circumstances or conditions applying to the building, structure, lot or use is question are peculiar to the building, structure, lot or use, and do not generally apply in the vicinity.” The committee agreed that the vacant parcel is useless to everyone except So-Low Environmental.
Dave Harwood made motion to approve the request. Tom Lippert seconded this motion.
The motion passed with a 4 yes, 1 no vote.
The minutes were read and approved with one change.
A motion was made by Lynn McCarthy and seconded by Tom Lippert to adjourn the meeting. The meeting was adjourned at 8:30.
Al Schutte, Chairman
Zoning Board of Appeals
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