City of Norton, Ohio Board of Zoning Appeals Meetings, 17 Aug 2021

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08-17-21 BZA Meeting

A

A

It's a nice drawing.

B

Can you hear us easy.

C

Oh my gosh. No, these are my notes.

C

C

C

All right, it is 6 p.m. On august 17 2021, I hereby call to order this hearing before the city of norton board of zoning and building appeals, because this is a quasi-judicial board. Anyone wishing to speak with the intended purpose of providing information for or against the submitted application must sign the attendance sheet located at the podium when it is your turn to address the board, come to the podium, raise your right hand, and at such time I will administer the oath. Ask you to state your full name and address for the record.

C

The procedure we follow is very simple. The applicant will have their time to explain to the board the rationale for their application, at which time the board will ask any questions they deem necessary upon the applicant's completion. The chair will then ask for those people interested in speaking for or against this application to come to the podium.

C

If, if you so do, then you too will be asked to raise your right hand, and I will administer the oath and ask you to state your full name and address for the record if there is a need for the applicant to provide additional answers. It's just to give you a reminder that you are still under oath.

C

Once all have been heard, the fact-finding portion of this hearing for the application will be closed and the chair will open up the discussion to the members of the board until such time as emotions brought forward.

C

Will everyone please stand for the pledge to the flag, followed by a brief moment of.

C

To the for which it stands, one nation, under god, indivisible with liberty and justice for all.

C

At this time, while the secretary, please um sandy here andrew president, nick.

D

Yes, sure and tom.

E

D

C

I now declare this public hearing convened on bza application 87-2021 regarding property, known as parcel number.

C

46-08487-4005, dear supreme court, owned by max and amanda dunn, requesting a variance from section 1296.03, a and 1296.0383.

C

From the codified ordinance of the city of norton ohio for the purpose of a building, be it known, the application was filed with the city on july, 29 2021 and the secretary sent notices via first-class mail at least 10 days prior to the original date of this hearing, as provided by section 6.03 of the charter of the city of norton ohio.

C

Would the african or authorized representative please step forward.

C

If you could raise your right hand, do you swear to tell the drinking nothing but the truth so help you, god great. Please, state your full name and address for the record.

F

C

Okay, at this time, please present the board any and all information that you feel is important regarding this matter and set forth in the application before the board and the purpose of this public hearing.

F

Okay, um I'd like to build a on the side of our house, I'm requesting variance for some additional square footage and some additional height the primary goal at the additional height would be able to increase the pitch of the roof to match the house. So it fits in with the neighborhood.

C

Okay, okay, this time the board will ask questions. Does anybody have any questions.

A

C

Yeah, I have a few questions.

A

Okay, let me get organized here.

A

So I would like to I would like to ask the following questions: are there any uh home owners, association, rules or regulations or declarations in place that would prevent you from building this building on your property? There's? No there's! No homeowners association.

A

Have you had any comments or complaints from any residents on a first hand, basis regarding your building? None.

A

And I couldn't I couldn't really under I couldn't really figure out: do you have septic systems or met, or do you have all you have off? What the would the.

A

Would the building interfere with any of the supple systems? Nothing.

A

A

Is there what is the primary reason for locating the the new building um to the one side of the house as compared to the rear of the house? Yes, what the logic process, perhaps that you ran through on that decision, sure.

F

um So I was originally thinking that I would try to build at the end of an existing driveway, but the well head is right at the end of the driveway there and right to the rear of that is the leach field.

F

If I would have had to build there, I would have to relocate.

F

I'm clear of all those obstructions.

A

A

So if you would, if you were to take the existing move building or you proposed to put it and move, it say the front face of the new building to the back face of the home. Is that possible, or does that now interfere with this subject system yeah.

F

And that also would interfere with geothermal heating, and the geothermal piping goes back into that back.

B

Section: okay,.

A

It is the intent to.

A

um I guess you know where I'm going from on this, if you're really not you're, not permitted to build an accessory building other than to the rear of the house, so this would be a variance to build to the side of the house.

A

um Are you is your intent to line up the front of the new building to the front of the whole existing home to have them in line? Yes? Okay,.

A

And then also water runoff. I believe you do not need.

D

A

Rain gutter for an accessory building, but we usually ask that we have rain gutters on the building.

A

And where would it go to the runoff.

F

It actually goes from the house, it goes into the pond at the rear of the property.

A

Oh, you can get it to the pond. Oh.

F

It's yeah, it's already, there's a straight run from the corner of the house to if you can see on the aerial view, there's a couple of piles of rocks right next to the pond on the.

D

F

That's where the downspouts from the house exit, so I would tie in there or depending on how you.

A

Have enough elevation to do that? Do you think? Yes,.

A

And regarding the height of the new building, when I look at the the top graphs that you know you can look at them up, it looks like it looks like that. The center of the existing home- and if I look at the top of graphicals, that the there's about a set that the center of the home to the center of the new building looks like there's about a seven foot drop ground level, drop.

A

F

That sounds about right. The ground level of the new proposed building would be a little bit above the ground level of the basement of the house, so that, on that side of the house, a walk out so.

A

Right, the new building.

F

Would be, it would certainly not overpower the house, it would be lower.

A

It would be that's where I'm coming from it's going to be lower. Yes and you think it's going to be lower wide. A couple feet is at all or.

A

Have I had more like uh center line so to the home to center line of the building seven feet on the map, so it's somewhere around there.

B

E

I have a question the same with nick, so it's a variance for two codes, but there's three so wouldn't yeah and.

D

E

Not here to explain that, um wouldn't he have to apply for another variance for.

B

The building we could address that here.

A

Yeah we can address it as we're talking yeah.

B

A

Third, one he's, as listed for you just.

B

So you know he has two things listed, but in reality you have three things that need to be approved here, because you're not putting behind the uh property behind your system building, you have a height restriction and also the size restriction. So all three things need to be addressed. Otherwise, you'll just.

F

Be coming back to us, I understand, I wasn't quite sure how the side and rear lock would work on a cul-de-sac block.

B

It's it's strange, but we've had this before, where we've had people put accessory buildings. Remember the koopa that thing where they put it on this, what they call the front of the other side of the building board was actually the front of the building, because the.

D

B

D

All depends on where your.

B

Front entrance is yeah: okay,.

E

And then to speak of the aesthetics, you said the front of this building in the building is going to look like the house.

B

F

Quite figure out how to make the garage doors, not white, but they will be a bronze color to actually match the trim, color and the roof of the building.

C

um I wanted to ask: are you so you said it is going to line up with the front of the house. The front of that garage will line up with the front of the house correct.

F

C

So there's not a setback at all for that building.

F

F

So the setback because of the way the house is angled on the lot, it's going to be further away.

C

From the street okay, but it will be aligned with the front engine house. Okay, the house is kind of tilted a little bit right back on the circle. Okay and you're, going to put a driveway there correct and is that going to be cut like a cut? I noticed because I drove by and there's a curve there so you're going to cut a driveway. It's going to be concrete.

F

Eventually, my goal is uh concrete: it'll be dry, it'll, be gravel during construction and probably until.

A

Next year, okay.

A

D

There's a there's.

A

A circle drawn on this drawing this does set back, see the house yeah.

F

Yeah there's a circle that we have done when we purchased october.

C

So how far away from the house is it gonna be then I don't know that exact location, but it's at least 35 feet, I think, is where I have to clear.

F

My geothermal lines, but I've got to locate those precisely before I can get the exact location.

A

The reason the reason I was asking, if you were planning to locate the face of the of the new building uh in playing with the face of the existing home, is because it's really not definitively defined, as you say, where the building's going to be, but I think, when you say you're going to build it in line with the face of the home, then I think that ensures that it's going to be way off the road.

A

You see, I'm getting added.

B

D

A

D

That 60 feet.

A

It's further back than the house actually yeah yeah. Maybe I know maybe.

E

Yeah from the map it looks close to 100 feet, it'll be off the road yeah. I think so.

A

B

You having any plans of doing a home business out of this.

E

Any other questions.

E

And then you plan on keeping the existing shed too. So we have to add that in.

B

I think it was listed on here that plans on keeping the shed. You know the outbuilding.

B

What was the size of that, though? What.

D

F

Size of it is 166 square feet, so the.

E

Total with the new building would be 20.. I calculated 21.83.

E

And 1728's allowed.

A

Looks like it looks like based on what I see. What I see is the the acreage is 2.71.

E

Acres, that's right, total.

A

And then, if I add the existing shed of 166, it comes out to 2182 total. Now you're, the allowable per zoning is 1728, so it looks like you're asking for a 454 approximately increasing, correct, okay.

F

And then the other six feet of additional height.

A

Yeah plus the additional height to match yeah.

E

Were letters sent out to all the adjacent property owners.

F

F

That's all I.

A

uh Need don't, I don't have any questions. I I just nobody sent in another letters or anything though.

D

C

We have, I don't know, I'm just going to. Let me.

D

E

Thing let the chair work.

C

You want to be chairs, oh no you're, acting like it. No.

A

Okay, I'm sorry all right, um I'm just thinking I.

C

Haven't heard the testimony of the applicant? Is there anyone present who wishes for or against the application come on up.

C

If you will please sign in.

C

If you could, please state your name and address.

G

For the record, my name is 402.

C

Okay, if you could raise your right hand, do you swear to tell the truth or not they've got the chance to help you back.

C

So what would you like to.

G

Talk to the board about, I did get a letter in the mail about what it was for, but this meaning the appeal, but I didn't know exactly what it was about. I never had a conversation with mr mrs dunn about it, so I did reach out to the city for my own documentation to find out what this appeal was about.

G

um There are a couple things I'd like to say, and I have them written down so bear with me: okay, because the building is sitting so prominently on the cul-de-sac. It needs to have curb appeal to it and some architectural design.

G

Unfortunately, this is just a steel shed with a steel roof, other others in the development have added sheds or garages and have done so by attaching them or making them look exactly like the house in architectural design, plain metal shed, even though it matches the original housing colors does not align with the quality of our styles of housing.

G

They will basically be putting a steel shed and a development with 500 000 houses, so there's also an extra driveway that you're adding in a cul-de-sac there's only three houses mine.

G

Mr mrs done and that um I'm sorry there's four in the cul-de-sac so now you're adding a fifth driveway.

G

I understand that they want to have additional storage and that's that's fine, but it does not need the aesthetic of the development at all.

G

Not appealing you know, this is why we choose to live wherever. Unfortunately, we don't have an hoa.

A

Did you talk to any other neighbors regarding israel.

G

um I texted my neighbor right next to me to find out what it was about.

A

G

So and then I reached out.

C

All right, thank you. Having heard the testament of the ask that, is there anyone else present? Who wishes to speak for or against this application?

C

I will ask another time: having heard the testimony of the applicant, is there any one person who wishes just before or against this application and one last time, having heard the testimony of the applicant is there anyone present? He wishes to speak for or against this application.

C

All right at this time hold on a minute. Oh everyone present having been given the opportunity to be heard at this public hearing. I now prepare the backlining portion of this hearing closed. So this time the board will discuss.

C

Thoughts comments, motions.

A

I'm well uh regarding um aesthetics.

C

A

Nice, lady, over there, I guess to be honest with you across my mind too correct.

C

A

But I did think it was some what becomes more palatable since.

A

There is an attempt to make it look similar to the house.

A

But then I'm thinking to myself, how could you do a little bit more to the building to make it more complimentary to the house.

A

Color, certainly is very important, maybe maybe the gray is not the best choice. I don't know that, but maybe the same color shutters could be used on the building too.

A

D

It did cross my mind.

C

To be honest with you yeah, so um what color is the house.

B

One thing, though, kim we actually consider aesthetics in our rulings.

B

I don't believe we have the ability to say something is not pleasing to.

A

B

Yeah as part of our ruling.

C

Yeah you're correct the variances.

A

Yeah, we cannot tell someone aesthetically.

B

I mean we would like to be able to do that, but that's not part of our yeah.

A

But I just but to.

E

Speak the aesthetics.

E

We built a building just about this big next to my house, and it looks like my house and it's metal metal roof. It looks nice, um it's not like old metal sheds. It's not it's. These buildings aren't like that anymore.

E

And that's I, I have friends that live in that development and it's a beautiful development and I honestly thought about this too. It's it's.

C

You know yeah I drove around and looked at some of the other properties.

E

And and it being in the front of the house and not behind the house,.

B

You have to come back up to the podium. Please.

F

Yeah yeah, so I mean I, I understand the concern with the aesthetics and my goal is to make it look like it fits in not portrayed in a drawing either, but I do plan to do a stone a year.

F

So that will help tie it in.

C

And you said you were donating grays, your house is what color is your house? It's like a.

F

It's like a beige, um I've got steel, samples, siding samples and it's almost a perfect match.

B

There's actually a metal roof on the front.

F

A

A

I think you have a good idea.

E

I have one more question: if I can ask there's no way this can be pushed back at all I mean I think yeah I don't I don't have you know surveys done on the you know underground, but I'm sure we can. I was trying to limit the size of the driveway. Oh yeah. I.

F

D

E

F

Yeah um just one other point: the garage doors will be a residential style garage door carriage style to match the house with windows in them. So my.

D

Goal is to make it look.

F

D

Okay, thank you.

A

Yeah, I can make a motion, but can I have a couple minutes here.

C

Is it just one 350.

B

Unless we only ruled two things.

C

I was just confirming that there wasn't an additional fee, but.

A

Yeah I can make this see how this looks.

A

Now, first of all,.

A

um Taking in consideration the appearance of the building and the comments by the nice lady, we really can't do much in regard to.

A

Approving or disapproving of a variance just basically on its architectural features and construction, we're here, basically to approve a building and three bearings as associated with that building. So having said that,.

A

Emotion is being made to approve bza application, a7 dash, 2021 max and amanda don owner 4005 deer spring center parcel number 46-08487.

A

A variance to zoning code, 129603a and 1296.03a3.

A

A

Adding 129603.

A

A not to be erected in a required yard other than the rear yard. Variance to that on the following reading as follows, an area of variance of approximately 454 square feet is granted for the new building.

A

The height of the building, variance of approximately two to five feet is approved to match architecturally to the applicant's home and roof pitch.

A

The building cannot be located to the rear of the building, as it is not possible due to geometric geothermal pipes in water. Well, water runoff from the new building to the same as the house, which goes to a pond to the rear of the property.

A

And it does and additionally not as a condition to the to the approval. The building front face to not exceed.

A

The front face of the existing home as it is located and to be re-relocated further back if possible, than a front face after final survey.

D

B

One question before we vote: does the planning commission have anything to do with this? This is a new building.

C

Do you have to go to the planning commission, as anybody instructed you to do that.

B

C

Guess only the.

B

Development of the property totally because the planning commission would be looking at the aesthetics too. Besides.

A

B

Oh well, okay. I have no one but statements right. Okay,.

C

All right give me promotion. Do we have a second sounds.

B

B

A

Sandy, yes,.

C

Okay, you've got your your.

D

C

So you'll get with um yeah.

A

In the morning tomorrow, um probably around 10, once you get all the paperwork in and vivian will fill out the permit, because you need.

A

uh Just as a side note, when you apply for your building permits and the zoning permit, would you please have the drawings revised to show the addition of the four foot high approximately the near on two sides? Yes, okay, thank you all right.

C

You guys are good, you want to go in or you can.

C

No okay, so no minutes um any other business.

C

All right any other business guys, no, no all right! Well, then, I can sense meeting a jerk. Thank you.

C

Thank you thanks all right.