City of Athens, Ohio Athens Board of Zoning Appeals 2021, 12 Jan 2021

Previous Meeting

⏯

youtube image

►

From YouTube: Athens Board of Zoning Appeals - January 12, 2021

Description

Athens Board of Zoning Appeals - January 12, 2021

A

Is 7 03 p.m and the date is january, 12 2021. happy new year to everyone. At this time I will call the meeting to order. The board consists of five members and two alternates, the alternates taking full part in the discussions and becoming a voting member in the absence of a member or when a member abstains for conflict of interest. At present tonight we have miss lisa carson, mr joe kraus, miss kate housley and the alternate mr robert dulac will be a voting member tonight.

A

I'm john golci, the chair, also present. We have the zoning administrator, mr david riggs and secretary ms kerry yake, as well as the government channel team, mr scott thompson and ryan schwartzoff.

A

The board operates according to the following procedure. The chair will name and describe the case. The zoning administrator or secretary will state the basis of the objection and any applicable facts or conditions pertaining to the case. The appellant or their representative will give reason why the appeal should be viewed favorably.

A

Anyone wishing to speak in favor of the request will be heard. Anyone wishing to speak in general comment will be heard, and anyone wishing to speak in opposition will be heard if necessary. The appellant or the representative will offer concluding summary or rebuttal remarks.

A

Testimony from the floor shall be closed. The board will deliberate and render a decision.

A

According to atom city code, section 230703 b, the board has power to grant variances from the strict application of the code, provided the variance will not be contrary to the public interest. The spirit of the code is observed, public safety and welfare are secured and substantial justice is done.

A

According to athens city code, section 230710c variances from the code shall not be granted unless the board makes a specific findings of fact, based directly on the particular evidence presented to it that the standards and conditions imposed in this title, if applicable, have been met by the applicant and the criteria consists of six items, exceptional circumstances, practical difficulty and undue hardship, preservation of equal property rights, minimum variance, absence of detriment and not of a general nature.

A

And once we get to the case, I will describe those as well.

A

Any person, resident or officer department or appointed body of the city of athens aggrieved by a decision of the board, may petition the athens county court of common police concerning the illegality of the decision. Such petition must be filed within 30 days after the mailing of the decision of the board to the applicant.

A

There is only one case under tonight's agenda tonight, and that is the property at five ring street and the board is required to take testimony under oath. Since we only have one apparent tonight.

A

Michael, would you swear or refer that the testimony you will be presenting tonight will be the truth, the whole truth and nothing but the truth? Yes, okay, very good and also if anyone else is here which I don't see, anyone uh do you see a scout. Anyone on the list of the attendees that maybe you want to speak, in which case they have to swear in.

B

We do have one person in attendance tonight.

A

Okay, all asked them: when did they get here all right? The case is case. Number 20-16, v property at five ring street. Mr michael rinaldi eichenberg is the appellant appellant is requesting a variance from acc 23 10 01 table a bulk controls to allow a front setback of 21 feet where 25 feet is required to build an accessory structure.

A

The property is a small lot, with a triangular shape due to the size and shape of the lot. The appellant would place the garage as far from the road as possible space. It marks it that it makes sense.

A

Okay with that, uh mr riggs I'd like to ask the question: if this is a structure which is a accessory structure, uh so that five feet is for the side right, not the front.

C

Yeah, this would actually be for a front yard setback. um It's a triangular shaped lot, but we're we're assuming that the uh that the setback is for the front yard, because the because of the shape, if you look at the, uh if you look at the sketch, um it does have a rear wheel, it doesn't have what we consider a rear yard and they're actually 11 and a half a little over 11 feet from that rear yard setback.

C

They can't push it any farther back on the lot uh because of the existing slope of the of the ground there, but yeah we'll consider. We consider this a front yard setback.

A

Okay, you know, accessory builders can can be five feet from the borderline.

A

If there is no living quarters in there, but I just wasn't sure whether you still have to satisfy the front setback or not otherwise, this accessory building and can be five feet from the borderline from.

C

A

I said yeah that was my question whether I know in the back should be five feet and the side should be five feet but the front. I wasn't sure.

C

Yeah, it's I. I believe that still should be 25 feet from the front. Okay,.

A

And I think we give this property a variance a while back on the rear setback so um correct, that's correct! Yes, okay, any questions for mr briggs.

D

I do have a question regarding the 21 feet that the motion is asking for that set back to be because the diagram that we should have shows, as I look at it- uh 15 feet on the right hand, side and I guess about 26 feet on the left. Do you just average the two yeah.

C

And that's historically, what we've done um so um because it it's at an angle. It's not parallel to the front, it's at an angle to the front, and so we take the average of the of the maximum and minimum.

A

Any other questions.

A

And mr eichenberg do, am I pronouncing it correctly.

B

You are yes, that's correct,.

A

Okay, um would you like to state your case start with your name and your address, and then uh and your case.

B

Sure um michael rinaldi eichenberg at five ring street. um Essentially I'm I'm requesting to build a a garage that I'm trying to keep as small as possible and due to the limitations that have already been mentioned, the the lot is a triangle. um I I feel as though I'm putting this garage and really the only place.

B

I could set it back from the road at any distance um and that's due to the slopes and just where the space is on the lot.

B

Yeah are there, are there any does? Are there any questions for me or is there any other information that I should cover beyond that? Well,.

A

I have one question: uh the proposed garage is going to be 10 feet from the house right.

B

A

Is there any chance that you could move the garage to be adjacent to the attached to the house? In that case, you don't need the variance.

B

um I I'm not too keen on attaching it to the house. um Why am I not too keen on that? I guess.

A

Then, and then also your your uh gravel driveway would be straight from the street right to the garage. You know you don't have. Oh actually, it goes through your garden. I don't know how established the garden is.

B

Well, I just I just dug about 18 inches of clay and and gravel out of it from the recent city sewer project. So it's is semi-established at this point.

B

uh No, that's a that's a fair question. I think attaching it to the house would complicate things just because I'd be attaching two structures with two separate foundations and two separate styles of foundations. That would make me a little nervous, also the front door. I do have things behind the house, namely trash bins and recycling, and you know some there's some other stuff. I do go back there that it would. It would lengthen the walk to the backyard. Is that really a big deal?

B

Probably not? I think the combining of two buildings and such as well.

A

Yeah, it has its challenges, but you know I didn't know how easy or how difficult it was for you to do that, just moving at 10 feet and then the average would be actually more than 25 feet.

A

But we'll discuss it, we'll discuss it tonight, just an option, and- and mr riggs is the gravel driveway acceptable or do they have to pave it.

C

It should be paved uh a uh pervious uh structure. Actually the apron has to be concrete and then behind that um typically we ask them to put concrete or asphalt in as a driveway.

A

Okay, questions for the appellant.

A

Lisa, do you have any questions rob joe? You always have a question.

C

I'm just catching I'm just catching up john.

A

E

Usually do too, but uh I think it's pretty straightforward here. I don't think there's uh other than the question you brought up. I think there's nothing else here to really yeah.

A

So we gave this property a variance for the back setback, and we were just talking before you came in. Was there an issue with the sewer line going in the middle of your property, or or am I thinking about something else?.

B

No you're you're correct uh that that delayed me starting so I lost that summer of 27 spring and summer of 2017.. I didn't want to start until that was finished. The sewer line passes through my front yard. It doesn't go under the house.

B

Still, it was. It was definitely a wise decision to not start building until that was done, but yeah it. Everything worked out. Okay,.

A

I recall one of your neighbors had some objections to that, but I don't think they are here tonight anything else you want to say before we close the floor from discussions.

B

um I I can't think of any. Is there anything else that I should say or should be saying, uh um I'm concerned that nobody has any questions. um I guess I'd just say uh the garage wasn't in my initial plans, but I I know that I would utilize it a lot and I would feel good being able to park my car inside a building.

B

Given some of the you know, there was a theft of a catalytic converter, a couple of doors down recently um and, and all of that said I I do feel I'm putting it in the best place. I can hopefully won't negatively impact any of the neighboring properties.

A

Is the driveway going to be wide enough to have two cars parked in there or it looks like right now, it's not as wide as the garage 16 feet, but.

B

Yeah, the driveway wouldn't be as as wide as the garage. It won't be a two-car garage. It will just be a one-car garage. Okay, um yes,.

A

But technically you could put two cars because it's 16 by 20., so.

B

um It would be tight, I'm only planning on having a garage door kind of offset.

A

Okay, that's fine, yeah! That's fine! Okay! uh Any questions, no questions! So we're gonna close the discussions from the floor and anybody would like to entertain in motion.

E

Was there someone who wanted to speak? I think there was right.

A

Oh, let me go through that again: yeah. Is there anyone who would like to speak on behalf of this proposal?

A

Anyone who would like to speak in general or opposition to this project here.

E

A

Lee okay, please unmute yourself! I okay.

F

Can you hear me now we.

A

Can hear you and we can see you yes.

F

Okay, thank you. um I just wanted to step up to uh to speak on behalf of the appellant's request.

F

My name is ali rapley, my husband and I own the property next to five ring street at seven ring street. We sold the lot to michael after getting a variance for that rear setback. To allow a building in that space, our property had a lot of a lot of land. It was suitable for for a nice house which michael has built um he's been a great neighbor and the property looks fantastic.

F

I think it's good for the neighborhood, and so I would, um as a neighbor, be happy to welcome his garage in the place that he'd like to have it.

A

Okay, very good: maybe he will let you store some stuff in his garage for you.

F

Yeah for some firewood yeah.

A

Okay, excellent! Well, thank you, so that was on behalf because I was asking for oppositions. This was not in opposition is on favor of the variance right.

A

Okay, um now we can, uh somebody makes the motion. I think k is getting ready for that.

D

You read my mind, john. Yes, I move to grant a variance to the property at five ring street from acc 23101 table a bulk controls to allow a front setback of 21 feet or 25 feet is required to build an accessory structure.

D

The property is a small lot, with a triangular shape due to the size and shape of the lot. The appellant would place the garage as far from the road as possible in a space that makes sense.

A

Do we have a second.

E

A

Okay, rob second and then um exceptional circumstances. Well, this property obviously does have exceptional circumstances because of the shape and the size.

D

A

And this is really one of the examples that we have always considered for size and shape and and so forth. So and the garage is not uh too much to ask you know you most properties have garages these days, so that will create a practical difficulty and undue hardship for not having a garage. So please fill in, you know, feel free to come in and add two more to what I'm saying. Anyone else any comments.

A

I agree with you, john good, thanks: preservation of equal property rights. That was a question I was going to ask michael your neighbors have garages.

A

B

Good question yeah how many houses on the street have garages? Two houses have um one three houses: three houses on the street have attached garages um three out of one two, three four, five, six, seven out of seven okay,.

A

So you're not granting a huge privilege to your property by having the garage and minimum variance the size of the garage, I think, is the minimum size that, if you want to have a garage, this is probably a good size minimum size. um Do you all agree, joe agrees with me, always absence of detriment?

A

Well, we only have one neighbor, who is has no objection to this, and this is not of a nature of a general nature. So are we ready to.

C

A

Yes well, let's just start with uh mr dulac.

E

A

Yes, uh lisa, yes, okay, yes, and who else we have please lisa, joe joe sorry, it's okay! I.

E

A

Yes- and I vote yes as well, so you have the variance five to zero.

A

E

B

A

Thank you and sure, and we don't have any other cases um you all received the final copy of the minutes for december 8, 2020 and everything looks good to me any comments. Anybody wants to make a motion to accept the minutes of december 8, 2020.

E

A

Do we have a second.

C

I'll second, it.

A

Okay, all in favor just say yes, yes, any.

B

A

Any any opposition, no okay, that's all the meeting for tonight and then those are you who are board members and regular board members, and if you would like to serve as the chairs in 2021, you have about a month to think about it.

A

Let kerry or I know- and then I will dominate next- make the nomination in february and then we vote for whoever is nominated and kerry. Do we have any cases set up for february so far? No so far, no in case we don't have any meeting, then the reorganization will be moved to the following meeting.

A

Okay, any final last words, anything no well again.