DEERFIELD
TOWNSHIP
BOARD
OF ZONING APPEALS
6:30
PM – SEPTEMBER 9, 2004
MINUTES
CALL TO
ORDER: Robert Bender,
Chairman
ROLL CALL:
Robert Bender,
James Rinehart, Cherry Linder,
Brian Leary, and Alternate James
Klatte were present. Also present was Township Attorney, Doug Miller. William
Heckman was absent with notice.
MINUTES:
Minutes Board of Zoning Appeals,
August 12th, 2004
Discussion & Recommendation
There was a motion by Robert Bender to approve the minutes of August 12,
2004. There was a 2nd by
Cherry Linder.
Roll Call Brian Leary-Abstained,
James Klatte-Yes, James Rinehart-Abstained, Cherry Linder-Yes Robert Bender-Yes
Swearing in of those who will be
giving testimony.
CASE 2004-697
Lot
23, 4820 Classic Turn Drive, Setback Variance to Rear Yard
Staff Report
Mayank Kumar explained the location of 4820
Classic Turn Drive. It is in a cul-de-sac. The recreation center in this
subdivision was approved as a conditional use. The encroachment is 18 inches
into the 35 feet rear yard setback. There are two reasons for this variance
request. The first is that the area in this lot is less because it is a
cul-de-sac lot. The second reason is due to the placement of the garage, that
is should be placed on the right side instead of the left side. Mr. Kumar said
the applicant wanted to the board to know that this house is no larger than
others in the surrounding area. The board has approved variances on Lot 6 and
Lot 7 on Classic Turn Lane. The
BZA has approved variances for 10 feet on the front yard setback. To be
consistent with the approval, staff is recommending variance for front yard
setback. Staff is recommending approval with one condition as follows:
1). This
approval shall constitute variance of two (2) feet for the front yard setback.
The rear yard setback shall be in compliance with Deerfield Township Zoning
Resolution.
Swearing In
Robert Bender swore in those in the audience who would be giving testimony at
this meeting. Mr. Bender asked those speaking to state their name and address.
Proponent John
Curran, Curran Custom Homes,
P.O.Box 507, Mason, OH 45040,
said he is only asking for what was submitted. He said the building site is
narrow and there is a considerable investment into the property. Robert Bender
asked him if the grading is what has caused this. Mr. Curran said the grading
does not allow the left side garage entry. He said this plan would also prevent
the driveway from being directly across the street from the neighbor’s
driveway. Brian Leary said not pertaining to the case in particular, but more
for reference, do you see this occurring again? Mr. Curran said he believes Lot
8 may be tight but the rest of the lots look better. Doug Miller asked why
can’t you just shorten up the roof? Mr. Curran said they would have to go back
to the architect. Mr. Curran said aesthetically it is better to have that stone
corner. He said we would be unable to use the gable on the roof. Doug Miller
asked him which be better, the front or the back. Doug said it looks like it
would be better to push the house back. Cherry Linder asked Mr. Kumar if
pushing it back would be better. Mr. Kumar said the reason he suggested it to
be the front is because on Lot 6 and 7 it was front yard. On Lot 6 and 7 you
have open space on the rear and those were the drainage swale. They wanted that
due to the drainage and a wanting a dry basement. Doug Miller said if you
push this one forward, you may have to push the next one forward. There was no
public comment and Mr. Bender asked for board discussion.
Discussion/ Recommendation
Cherry Linder said she believes they should take the staff recommendation. Jim
Klatte said he believes they are on the right track for the remaining lots.
Robert Bender asked if anyone had objections. Brian Leary said it is only 2
feet is setting precedence. Mr. Bender said he is comfortable with leaving the
plat plan the way it is and allowing them to move forward. Cherry Linder said
the cost would be less if they don’t have to redraw the footprint. Jim Rinehart
asked if all these lots are developed yet? Mr. Kumar said Lot 22, 18, and are
developed and 24 is vacant. There was more discussion. Robert Bender said he
didn’t believe 18 inches in the front or back would make that much difference.
Cherry Linder said she believed the board should go with the staff
recommendation and be consistent and that would include making the front the
variance. Mr. Kumar said the drainage easement and having a dry basement was
considered with Lot 6 and 7. Mr. Bender asked Mr. Curran to come forward. Mr.
Bender asked him if he had to redraw his plans what would that involve?
John Curran, Curran Custom Homes, P.O.Box 507,
Mason, OH 45040, said it would
cost about $350 and would take about a week and a half. Robert Bender said the
proponent has already spent $300 to come before this board and then adding
another $350, and Mr. Bender said he doesn’t think 18 inches is worth all that.
Jim Rinehart said the first two variances were done one way and said he didn’t
think the board should have to do this case the same. Mr. Rinehart said each
case should be looked at separately.
Motion There
was a motion by Brian Leary
that we accept the resolution approving the request for the variance, changing
the rear yard setback by two feet and not accept the staff recommendation.
There was a 2nd_by Jim Reinart.
Roll Call James Klatte-No, Robert Bender-Yes,
James Rinehart-Yes, Cherry Linder-Yes,
Brian Leary-Yes, Robert
Bender-yes The motion was approved.
There was more discussion and they
talked about Brian Leary being the Vice-Chairperson.
ADJOURNMENT
Motion to adjourn by Robert Bender. There was a_2nd_by
Cherry Linder.
Roll Call James Rinehart-Yes, Cherry Linder-Yes
,Brian Leary-Yes, Robert
Bender-yes, James Klatte-Yes The motion was approved.
Robert Bender, Chairperson
Date Cherry Linder,
Secretary Date
|
