CITY OF KENT BOARD OF ZONING APPEALS PUBLIC HEARING & BUSINESS MEETING April 16, Mr. Paino called the meeting to order at 7:00 p.m.

Similar documents
Jennifer Barone, Development Engineer Eric Fink, Asst. Law Director Sheila Uzl Transcriptionist

Board of Adjustment. November 19, 2013 immediately following the Planning Board meeting at 7:00pm Council Chambers, 201 S Main St.

CITY OF MENTOR APPLICATION FOR APPEAL Board of Building and Zoning Appeals

BOARD OF ZONING APPEALS

Call to Order. The meeting was called to order by Chairman Loretta. Roll Call

PLANNING AND ZONING COMMISSION

CITY OF GRAHAM BOARD OF ADJUSTMENT February 19, 2013

CITY OF PIQUA, OHIO BOARD OF ZONING APPEALS MEETING MINUTES TUESDAY, APRIL 22, :00 P.M.

BOARD OF ADJUSTMENT DYERSVILLE, IOWA

MINUTES REGULAR MEETING OF THE OWOSSO ZONING BOARD OF APPEALS CITY OF OWOSSO MAY 16, 2017 AT 9:30 A.M. CITY COUNCIL CHAMBERS

MINUTES BOROUGH OF LAVALLETTE REGULAR MEETING OF THE PLANNING BOARD Wednesday, June 23, P.M.

APPLICATION NUMBER A REQUEST FOR

ARTICLE XVI BOARD OF ZONING APPEALS

ROCKY RIVER BOARD OF ZONING & BUILDING APPEALS

CHAPTER XXIII BOARD OF APPEALS SECTION MEMBERS, PER DIEM EXPENSES AND REMOVAL.

CITY OF NORTH RIDGEVILLE BOARD OF ZONING AND BUILDING APPEALS Procedure for filing an Appeal, Conditional Use, Variances or Home Occupation Approvals

CITY OF AURORA OHIO BOARD OF ZONING APPEALS Meeting Minutes June 8, 2016

BOROUGH OF INTERLAKEN MINUTES- PLANNING BOARD JANUARY 22, :30 P.M. BOROUGH HALL, 100 GRASSMERE AVENUE

ROCKY RIVER BOARD OF ZONING & BUILDING APPEALS

CHARTER TOWNSHIP OF VAN BUREN BOARD OF ZONING APPEALS REGULAR MEETING MINUTES May 11, 2010

ROBERT W. WOJCIK AND DEBORAH A. WOJCIK

Waterford Township Planning Board Regular Meeting September 17 th, 2013

TOWN OF ST. GERMAIN P. O. BOX 7 ST. GERMAIN, WI 54558

GEORGE DAVID FULLER AND DAWN LOUSIE FULLER

PLANNING BOARD PROCEEDINGS BEFORE THE LIVINGSTON PLANNING BOARD

MINUTES REGULAR PLANNING COMMISSION MEETING FEBRUARY 27, 2018 CORTE MADERA TOWN HALL CORTE MADERA

Town of Luray. Planning Commission Agenda July 12, Review of Minutes from the May 10, 2017 meeting

RUSSELL PROPERTIES, LLC

The meeting was called to order by Chairman Dan Kasaris at 7:00 p.m.

CITY OF DARIEN PLANNING AND ZONING COMMISSION AGENDA

TOWNSHIP OF MAHWAH BOARD OF ADJUSTMENT MINUTES JANUARY 16, 2019

BOARD OF APPEALS April 11, County Administration Building, 100 W. Washington St., Meeting Room 2000, Hagerstown, at 7:00 p.m.

Board of Zoning Appeals Training. Hardships

A G E N D A. COMMISSION MEMBERS: PLEASE NOTIFY ME IF YOU ARE UNABLE TO ATTEND AT cc: Mayor Aldermen (7)

APPEAL TO COUNTY COUNCIL FROM DECISION OF THE BOARD OF ZONING ADJUSTMENT

A. CONSIDERATION OF THE UNAPPROVED MINUTES FOR NOVEMBER 28, 2018

WILLIAM M. HUGEL AND ANNAMARIE HUGEL

VILLAGE OF HUNTLEY ZONING BOARD OF APPEALS April 26, :30 PM AGENDA

MINUTES OF THE REGULAR MEETING OF THE MICHIGAN CITY BOARD OF ZONING APPEALS TUESDAY, APRIL 12, 2016


Zoning Board of Adjustment Rules Adopted Page 1

Township of Millburn Minutes of the Zoning Board of Adjustment August 17, 2015

VARIANCE STAFF REPORT

IN THE OFFICE OF ADMINISTRATIVE HEARINGS CASE NUMBER V RONALD M. KLINE AND RACHEL A. KLINE SECOND ASSESSMENT DISTRICT

TOWN OF STILLWATER ZONING BOARD OF APPEALS August 27, 7:30 PM STILLWATER TOWN HALL

GLEN ROCK ZONING BOARD OF ADJUSTMENT Minutes of the June 14, 2018 Meeting 7:30 PM

EAST NOTTINGHAM TOWNSHIP ZONING ORDINANCE ARTICLE XXII ZONING HEARING BOARD

ZONING BOARD OF EXAMINERS AND APPEALS Assembly Chambers Z.J. Loussac Library 3600 Denali Street Anchorage, Alaska. MINUTES OF December 8, :30 PM

APPLICATION NUMBER 5504/5455/4686/4646 A REQUEST FOR

LAND USE REVIEW BOARD February 20, 2019 REGULAR MEETING

AGENDA. Planning and Zoning Board Regular Meeting at 7:00 PM. Meeting Date: Tuesday, August 1, Meeting Location: Community Center 509 Ocean Ave.

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Special Called Meeting May 29, :30 PM

Zoning Board of Appeals 2919 Delaware Avenue, RM 14 Kenmore, NY (716) Zoning Board of Appeals

CITY OF MODESTO BOARD OF ZONING ADJUSTMENT NOTICE OF FIELD TRIP THURSDAY, JANUARY 24, :00 AM 1010 TENTH STREET LOBBY (MAIN LEVEL/NEAR STAIRS)

COUNCIL RULES OF PROCEDURE

#1 APPLICATION OF ANDREAS AND MICHELE SCHROTTER FOR A VARIANCE (BA ) GRANTED AS PER STAFF RECOMMENDATION

EDGEWATER BOARD OF ADJUSTMENT RESOLUTION NO. BOA

Roberts, Hall, Hasman, Hruby, McCrodden, Kingston, Rose

PLANNING COMMISSION MINUTES CITY OF NOVI Regular Meeting JULY 8, :00 PM Council Chambers Novi Civic Center W. Ten Mile (248)

Commissioner Shean ATKINS, Chair. Commissioner Gregory FANN - Absent. Commissioner Patricia LOVETT. Commissioner Jarrett BELL

ZONING BOARD OF APPEALS Thursday, April 26, :00 pm Council Board Room One Batavia City Centre, Batavia, NY

Town of Hamburg Board of Zoning Appeals Meeting March 5, Minutes

City of Northfield Planning & Zoning Board 1600 Shore Road Northfield, New Jersey Telephone (609) , ext. 127 Fax (609)

BOROUGH OF MOUNT ARLINGTON LAND USE BOARD MEETING MINUTES February 23, :00 PM Reorganization/Regular Meeting

ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:

CITY OF MODESTO BOARD OF ZONING ADJUSTMENT AGENDA THURSDAY, FEBRUARY 28, 2019 AT 10:00 AM BASEMENT CHAMBERS 1010 TENTH STREET MODESTO, CA

MEETING OF THE FEBRUARY 25, 2014 ZONING BOARD OF ADJUSTMENT MEETING NO. 2 PAGE NO. 1

BOARD OF ADJUSTMENT APPLICATION

BOARD OF APPEALS January 10, 2018 AGENDA

MEETING DATE: Tuesday May 29, 2018 MEETING TIME: 6:00 PM MEETING LOCATION: City Council Chambers, 448 E. First Street, Suite 190, Salida, CO

CITY OF KIRKWOOD PLANNING AND ZONING COMMISSION JANUARY 31, 2018

BOROUGH OF UPPER SADDLE RIVER PLANNING BOARD MEETING MINUTES THURSDAY, AUGUST 27, 2015

MINUTES OF THE REGULAR MEETING OF THE LAND USE BOARD FEBRUARY 7, 2017

CHAPTER 1108 BOARD OF ZONING APPEALS

CITY OF KIRKWOOD PLANNING AND ZONING COMMISSION APRIL 6, 2016

ZONING BOARD OF APPLEALS TOWN OF CHESTER 1786 Kings Hwy Chester, New York April 16, 2015

City of Aurora BOARD OF ZONING APPEALS MEETING MINUTES November 8, 2017

AGENDA. Planning and Zoning Board Regular Meeting at 7:00 PM. Meeting Date: Tuesday, September 5, 2017

TOWNSHIP OF MAHWAH BOARD OF ADJUSTMENT MINUTES AUGUST 2, 2017

MINUTES OF THE JOINT MEETING MINNEHAHA COUNTY & SIOUX FALLS PLANNING COMMISSIONS October 24, 2016

City of Columbus. Zoning Board of Adjustment. Rules of Procedures

CASE # JSE EXECUTIVE SUMMARY SPECIAL EXCEPTION STAFF CONTACT: MIKE TERTINGER

The Board received one from Mr. John Morrissey, regarding 815 North 2nd Avenue, requesting to withdraw his application.

AVON BY THE SEA PLANNING BOARD MEETING MINUTES FEBRUARY 12, 2015

MINUTES OF ZONING BOARD OF APPEALS MEETING OF THE VILLAGE OF SAGAPONACK IN THE TOWN OF SOUTHAMPTON, COUNTY OF SUFFOLK AND STATE OF NEW YORK

Town of Copake Zoning Board of Appeals ~ Meeting Minutes of September 27, 2018 ~

CITY OF PALM BAY, FLORIDA PLANNING AND ZONING BOARD/ LOCAL PLANNING AGENCY REGULAR MEETING NO

APPLICATION FOR A VARIANCE

TOWN OF WALLINGFORD ZONING BOARD OF APPEALS JUNE 20, 2011 REGULAR MEETING MINUTES

Members of the Board absent: Mrs. V. E. Applegate and Mayor J. H. Mancini.

CITY OF STRONGSVILLE BOARD OF ZONING AND BUILDING CODE APPEALS Foltz Parkway, Strongsville, Ohio 44149

MINUTES Opening Remarks Planning Commission Meeting: October 8, 2018

STATE OF VERMONT DECISION ON MOTION. LeGrand & Scata Variance Application

VILLAGE OF HINSDALE ZONING BOARD OF APPEALS MINUTES OF THE MEETING October 20, 2010

SECTION 9. FEEDLOT REGULATIONS

Boise City Planning & Zoning Commission Minutes January 6, 2014 Page 1

Chairperson Schafer; Vice-Chair Berndt; Members: Napier, Oen and Stearn

IN THE COURT OF APPEALS ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY, OHIO

ARLINGTON COUNTY, VIRGINIA

Transcription:

CITY OF KENT BOARD OF ZONING APPEALS PUBLIC HEARING & BUSINESS MEETING MEMBERS PRESENT: Peter Paino Geneva Hintz Diane Werner ABSENT: STAFF PRESENT: Steve Balazs Rich Fender Jim Silver, Law Director Heather Phile, Development Planner Sheila Uzl, Transcriptionist I. CALL TO ORDER Mr. Paino called the meeting to order at 7:00 p.m. II. PLEDGE The pledge was recited. III. ROLL CALL Geneva Hintz, Diane Werner, and Peter Paino were present. IV. PREAMBLE Variance requests will be considered in the order that they appear on the agenda. Each variance applicant or their representative will first explain the request to the Board and will respond to Board questions. The Board will then hear statements from persons supporting the variance, followed by statements from those persons opposing the variance. All persons making statements will do so under oath, and shall state their name and address for the record. Their testimony shall be directed to the Board and not to the audience. If a member of the audience wishes to ask a question of one of the speakers, he or she shall first be recognized by the Chairman of the Board and direct the question to the Chairman. The Chairman will then direct the question to the appropriate witness. This will allow the meeting to be conducted in an orderly manner. If written statements have been provided to the Board, they will be included in the record of this meeting. At the Chairman s discretion, they may be read into the record during the meeting. After all testimony has been taken, the Board will discuss and review the request. Generally, the Board

Page 2 of 5 will decide to approve or deny each requested variance at the meeting that it hears the testimony. Some decisions may be continued for further review. Mr. Silver read the General standards from Section 1115.09(b)(3) that the Board of Zoning Appeals follows in the granting of any variance. In every instance where the Board grants or recommends a variance, there must be a finding by the Board that: (1) The strict application of the provisions of the Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of the Zoning Ordinance. (2) There are exceptional or extraordinary circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses within the same zoning district. (3) The granting of such variances will not be of substantial detriment to the public interest or to adjacent property owners or improvements in such districts in which the variance is sought and will not materially impair the purpose of the Zoning Ordinance. Mr. Paino read the following statement that summarizes the Board s authority: The Board of Zoning Appeals operates according to the provisions of the Kent City Zoning Code which provides for the establishment of the Board. Members of the Board, Kent citizens serving without pay, visit sites and hear evidence both pro and con at public meetings before carefully and conscientiously rendering a decision. After a decision has been made, the case is closed for the Board, as there is no provision in the code for the Board to reopen a case. If the petitioner disagrees with the findings of the Board, there are only two proper procedures. One is to resubmit a revision of the request that is more compatible with the code and the second is to institute legal procedures in the Common Pleas Court. V. ADMINISTRATION OF THE OATH Mr. Silver instructed members of the audience wishing to be heard on any of the cases presented at this meeting to rise and raise their right hand. Mr. Silvers administered the oath, Do you swear or affirm that the testimony that you are about to give this evening is the truth, the whole truth, and nothing but the truth, so help you God? Please say I do. The participants responded, I do. VI. OLD BUSINESS Mr. Paino told all the applicants that since there were only three board members present at the meeting, all of them had to vote yes in order for their

Page 3 of 5 requests to be granted. He stated that the applicants could go through the whole presentation and then could table their request until a full board was present. A. BZ07-003 John Blanar 541 Park Avenue Sections: Request: 1115.09(a) and 1131.02(a) The applicant is requesting the following: 1) An appeal to the Zoning Inspector s decision to refuse a non-conforming use certificate that would recognize the property at 541 Park Avenue as a multi-family dwelling. 2) An appeal for violating Kent Codified Ordinance 1131.02(a). James Ickes, attorney for the applicant, stated the applicants would like to table the case. He asked if the people that were at the meeting to testify could proceed with their testimony but Mr. Paino suggested that if they were willing to return, it would be better to come back to give their testimony when all the board members were present. The people who were going to testify were willing to return to give their testimony. Mr. Paino asked for a motion to table the case. Motion: Ms. Hintz moved that in case BZ07-003, John Blanar, owner of the property located at 541 Park Avenue, the Board of Zoning Appeals tables this case until the May 21, 2007 meeting. Vote: Motion Passed 3 0. VII. NEW BUSINESS A. BZ07-008 Roger Muzia/ Jeremy & Melissa Baynes 931 Fieldstone Drive Section: 1131.04(a)

Page 4 of 5 Request: The applicant is requesting a 15-foot front yard setback variance to allow a garage addition to be 30-feet from the north property line. Mr. Paino asked the applicant to present his request. Jeremy Baynes, 931 Fieldstone Drive, Kent, Ohio, stated they were asking for a 15-foot setback variance in order to allow a garage addition. He said there is no other place to put this addition. The garage that is there now will hold two cars but there is not much room for storage or for a work area. He said they could not have a storage shed because they are on a corner lot. PUBLIC COMMENT None BOARD OF ZONING APPEALS DISCUSSION/ACTION Ms. Hintz stated that if the applicant tried to put a shed in his backyard, it would be right in the middle of his children s play area. There really is no place to put a shed. She asked what he was going to do about the landscaping because there were some nice trees and bushes there. Mr. Baynes replied that they want to transplant all of those. Mr. Paino stated that Board of Zoning Appeals granted variances based on the three criteria that Mr. Silver had read earlier. Ms. Werner asked the applicant if he had discussed this project with any of his neighbors. Mr. Baynes replied that he has not had any negative comments and all of his neighbors did get the notice of the hearing. He said it would look nice. Ms. Werner asked the applicant if he would have considered a storage shed if he had a deeper lot. Mr. Baynes replied more than likely. He said this addition is pretty expensive. He said it would not be a substantial detriment to the adjacent properties. He said the way the house is situated on the lot would be the extraordinary circumstances.

Page 5 of 5 Ms. Werner asked if there was a sign out in front of the property noting the request as well as date and time of meeting. Ms. Hintz stated she had spoken with a couple of neighbors and they had no problem with the project. She said there was a sign but the wind could have blown it down. Ms. Werner that the addition would not be a detriment to the surrounding areas. She was in favor of the variance. Mr. Paino stated that the strict application of the code would result in practical difficulties and unnecessary hardships. He said the extraordinary circumstance is that it is a corner lot so requires a double setback. It would not be a detriment to the adjacent properties. There were no other comments, so Mr. Paino asked for a motion. Motion: Ms. Hintz moved that in case BZ07-008, Jeremy & Melissa Baynes, owners of the property located at 931 Fieldstone Drive, that the Board of Zoning Appeals grants the applicant s request for a 15-foot front yard setback variance as defined in Section 1131.04(a) of the Kent City Zoning Code to allow a garage addition to be 30-feet from the north property line Vote: Motion passed 3 0. VIII. MEETING MINUTES Motion: Ms. Hintz moved to approve the March 19, 2007 Meeting Minutes as written. Vote: The motion passed 3-0. IX. ADJOURNMENT Meeting adjourned at 7:30 p.m.