MINUTES
BOARD OF ZONING APPEALS
TUESDAY, JUNE 1, 2011 – 7:00 PM
Board Members Present: Gary Brahler, Vice Chairman
Pan Aslanides, Secretary
Bill Ehlers, Member
David Foss, Member
Ed Metzger, Alternate
Trustee(s) Present: Allen Gress
Zoning Inspector: Dale Riggenbach
Township Secretary: Sharon Shaub
Purpose:
Organizational meeting
Appeal #569 – Mr. & Mrs. McGorty of 3905 Beck Ave., Louisville, OH, zoned R-2, Parcel No. 33-02526, are requesting a variance for an addition with a 3’ side yard setback instead of the allowed 10’ setback as permitted in Section 703.3 of the Nimishillen Township Zoning Resolution.
Organizational Meeting: Since all board members were not present at the March 1, 2011 hearing and election of officers was not held, it was postponed to the next scheduled hearing.
PAN ASLANIDES MOTIONED TO NOMINATE GARY BRAHLER AS CHAIRMAN SECONDED BY BILL EHLERS. ALL VOTED YES - MOTION CARRIED
GARY BRAHLER MOTIONED TO NOMINATE DAVID FOSS AS VICE CHAIRMAN SECONDED BY PAN ASLANIDES. ALL VOTED YES - MOTION CARRIED (Later rescinded)
GARY BRAHLER MOTIONED TO NOMINATE PAN ASLANIDES AS SECRETARY SECONDED BY ED METZGER. ALL VOTED YES - MOTION CARRIED
Newly appointed Chairman Brahler opened the hearing at 7:00 P.M. and introduced the Board of Zoning Appeals, Zoning Inspector Dale Riggenbach, Township Trustee Allen E. Gress and Township Secretary Sharon Shaub. Mr. Brahler did a mass swearing in by asking everyone in attendance to swear that the information they were about to present, either in oral or written form, is true and accurate to the best of their knowledge. The people responded by stating, “I do”.
2011, June 1: BZA Minutes– Addition @ 3905 Beck (Cont.)
TONIGHT’S CASE - APPEAL #569:
Curtis Bates of 6749 Northlawn, representative for Mr. McGorty, stepped to the podium and stated he looked at the property in a couple different ways to put the garage addition on the back of the house. He said he has a Government Mortgage Survey and the house is 5’ off the north property line.
Curtis said Mr. & Mrs. McGorty are his in-laws and Mrs. McGorty watches the grandchildren and if the garage is put flush with the house, it would cover up the kitchen window and she wouldn’t be able to see out into her yard.
Curtis showed the Board pictures and showed them where two sheds are currently located and where the addition will go. The addition will connect to the house. They do not have a garage now and will be getting rid of the two sheds. The garage will be used for their vehicles, storage and Mr. McGorty wants to put a work bench in there as well. There was further discussion between the Board and Curtis while looking at the pictures.
Curtis said the mortgage survey clarifies the property. Ed Metzger said the mortgage survey is not to be used to set buildings, which is stated at the bottom of the mortgage survey. It’s not a boundary survey.
Gary Brahler asked Curtis if the 3’ is the main building (foundation) and not the roof. Curtis said yes and it’s a 1’ overhang.
Ed Metzger asked Curtis if there was any reason why the size of the building couldn’t be adjusted other than the fact that Mrs. McGorty wants to be able to look outside from her kitchen window. Ed suggested making the addition longer but not as deep and said it would still have the same square footage and same use. Curtis said this is what she wants but if it came down to the variance being approved or denied, they would probably consider changing it. Curtis said the biggest thing is the 3’ so they can mow.
SPEAK IN FAVOR OF OR OPPOSED TO THE VARIANCE REQUEST:
IN FAVOR:
James Ross, 3925 Beck – He has lived there for 36 years. Mr. & Mrs. McGorty keep their property neat and clean. He has no problem with them building a garage.
Dale Riggenbach said he received calls from Susan Smith and Fred & Marsha Dyer. All were in favor of the request for the addition.
2011, June 1: BZA Minutes– Addition @ 3905 Beck (Cont.)
OPPOSED:
There was no one present to speak against the variance.
With no further questions and/or discussion, Chairman Brahler asked for a motion for a ballot vote.
PAN ASLANIDES MOTIONED FOR A BALLOT VOTE SECONDED BY GARY BRAHLER. ALL VOTED YES - MOTION CARRIED
Voting went as follows:
DAVID FOSS - YES
PAN ASLANIDES - YES
GARY BRAHER - YES
BILL EHLERS - YES
ED METZGER - NO (Too close to property line and did not have a boundary survey)
Chairman Brahler stated the request for the variance was APPROVED and instructed Mr. Bates and/or Mr. McGorty to contact the zoning inspector to get the proper permits.
OLD BUSINESS:
Bill Ehlers questioned the appointment of new board member, David Foss, as vice chairman. When the chairman is absent from a hearing, it’s up to the vice chairman to run the hearing and sometimes the meetings can get very hairy including attorneys present and at times unruly people. The role of vice chairman would be to take over and control the hearing if this would happen. David Foss said he would rather have more experience under his belt before taking on the vice chairman role. After further discussion:
GARY BRAHLER RESCINDED HIS PREVIOUS MOTION NOMINATING DAVID FOSS AS VICE CHAIRMAN AND MOTIONED TO NOMINATE BILL EHLERS AS VICE CHAIRMAN SECONDED BY ED METZGER. ALL VOTED YES - MOTION CARRIED
NEW BUSINESS:
There was no new business to discuss.
2011, June 1: BZA Minutes– Addition @ 3905 Beck (Cont.)
APPROVAL OF MINUTES:
ED METZGER MOTIONED TO APPROVE THE WRITTEN MINUTES FOR MARCH 1, 2011 SECONDED BY PAN ASLANIDES. ALL VOTED YES - MOTION CARRIED
ADJOURNMENT:
ED METZGER MOTIONED TO ADJOURN AT 7:30 PM SECONDED BY GARY BRAHLER. ALL VOTED YES - MOTION CARRIED
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Gary Brahler, Chairman
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Pan Aslanides, Secretary
Zoning Board of Appeals Minutes Folder: 2011, June 1 - BZA Minutes - Addition @ 3905 Beck – McGorty.doc