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BZA Meeting Minutes - March 23, 2015


Chairman Stanard called the Board of Zoning Appeals meeting to order at 6:28pm.

PRESENT AT ROLL CALL: Mrs. Cooper, Mr. Fritz, Mr. Pogatschnik, Mayor Renda, Mr. Stanard
ABSENT: Mr. Bolek

OTHERS PRESENT: Dave Strichko, Building Inspector, Aimee Lane, Assistant Law Director, Jeff Filarski, Village Engineer, Sherri Arrietta, Clerk of Council

Mr. Pogatschnik made a motion seconded by Mrs. Cooper to approve the minutes from the February 23, 2015 meeting.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Pogatschnik, Mayor Renda, Mr. Stanard
NAYS: NONE
MOTION CARRIED


At this time, Mrs. Lane administered the oath to those who wanted to speak at the hearing. Chairman Stanard declared the public hearing open at 6:30pm.


Korner Residence
70 Farwood Drive
Area Variance – Rear Setback (attached garage)

Mr. Todd Korner, homeowner and builder, was present at the meeting. He stated that he is adding a great room, a four-car garage and an attached RV garage. Mr. Korner stated that since he is proposing an attached garage, it would require a rear yard setback of 13 feet.

Chairman Stanard declared the public hearing closed at 6:31pm.

Mr. Fritz asked if a 13 foot setback would affect the topography, such as the protected hillside zone. Mr. Filarski stated that this project does not affect the protected hillside. Mrs. Cooper asked if there would be any impact on the rear neighbors. Mr. Korner stated that he does not have any neighbors to the rear; his property abuts Forest Ridge.

Mr. Stanard thanked Mr. Korner for taking the time to meet with our Village Architect, Mr. Kawalek, and our Building Commissioner, Mr. Strichko, in order to resolve any issues that they and this board had.

Mrs. Lane stated that the applicant, Mr. Todd Korner, has requested a rear yard setback variance up to 13 feet located at 70 Farwood Drive. The findings of fact are as follows:

1. Special conditions and circumstances do exist that are peculiar to the land involved and are not applicable generally to other lands or structures in the same zoning district because the way the house is situated on this parcel, the southwest portion of the house is much closer to the rear property line than the other side of the house and it is only logical to be locating the additional attached garage requiring the variance on the southwest side of the house.
2. The property will yield a reasonable return and there can be beneficial use of the property without the variance.
3. The variance is insubstantial and is the minimum necessary to make possible the reasonable use of the land or structures. The applicant has explained that the RV (motor coach) garage is necessary for the storage of a recreational vehicle, which he owns.
4. The essential character of the neighborhood would not be substantially altered and adjoining properties would not suffer substantial detriment as a result of the variance. The applicant has stated and the board has acknowledged that the Forest Ridge property is the neighbor to the rear of the property and in fact neighboring properties that received notice of the public hearing, no one has appeared to make any objections.
5. The variance would not adversely affect the delivery of governmental services.
6. The property owner purchased the property with knowledge of zoning restrictions.
7. There are no special conditions or circumstances that were a result of the actions of the owner.
8. The owner’s predicaments cannot be obviated by through some method other than a variance because as the property owner stated, he needs a place to store his RV. The applicant has gone to lengths to consider other options and the attached garage that has been proposed is the most acceptable option and in fact was previously approved by the Planning Commission earlier this evening.
9. Granting the variance would serve the spirit and intent behind the zoning requirements. It has been noted that the applicant did have an extensive meeting with the Village Architect and did make revisions to the plans to accommodate the Village Architect’s comments.

Mr. Fritz made a motion seconded by Mayor Renda to accept the Findings of fact.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Pogatschnik, Mayor Renda, Mr. Stanard
NAYS: NONE
MOTION CARRIED


Mr. Fritz made a motion seconded by Mrs. Cooper to approve a rear yard setback variance for up to 13 feet for the construction of an attached RV garage located at 70 Farwood Drive.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Pogatschnik, Mayor Renda, Mr. Stanard
NAYS: NONE
MOTION CARRIED


Mrs. Cooper made a motion seconded by Mayor Renda to adjourn the meeting at 6:37pm.

ROLL CALL:
AYES: Mrs. Cooper, Mr. Fritz, Mr. Pogatschnik, Mayor Renda, Mr. Stanard
NAYS: NONE
MOTION CARRIED


Respectfully Submitted,
Sherri Arrietta, Clerk of Council



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