MINUTES OF MEETING
BOARD OF ZONING APPEALS
BARTON HILLS VILLAGE
March 20, 2006
ROLL CALL Present: Trustees Al-Awar, Boddie, Bogat, Butterwick, Laporte, MacKrell and Perry. Absent: Trustees Lindstrom and Wilkes.
Others attending: Atty. Reading, Asst. Treas. Redies, Supt. Esch, BHMC President Bultman and architect Lincoln Poley and associate.
PUBLIC HEARING The Public Hearing for the Variance Application was convened by President Laporte at 6:05 PMat the Village Hall. Zoning and Planning Administrator Perry explained that Application for Variance had been filed by Louis Probst and Katherine Klein in regard to their home being constructed at 280 Barton North Drive. Mrs. Esch verified that proper notice had been sent to neighbors as required by Article X of the BHV Zoning Ordinance and that no written comments had been received.
Architect Lincoln Poley, representing Mr. Probst/Ms. Klein, referred to the information distributed to Trustees concerning the two separate variance requests:
1) Request for variance from BHV Zoning Ordinance Section 5.01(b)(1) (accessory uses) "private garage the capacity of which shall not exceed one automobile for each 20 feet of lot frontage, with a maximum capacity of 3 automobiles." Mr. Poley referred to drawings A1-A4, indicating that the fourth garage door being requested would allow access to lawn and recreation equipment, would provide more air circulation in the garage, would not add to the footprint of the building and would provide a more uniform exterior appearance.
2) Request for variance from BHV Zoning Ordinance Section 5.03(c) "front yard set back--35 feet". Mr. Poley referred to drawings B1-B4 which show the currently planned placement of the stone light pillars near the end of the driveway, and the requested location closer to the road. The owners are asking that the pillars be 6" taller and be placed about 30' nearer the property line (about 15' from Barton North Drive) to more adequately indicate the entrance to the driveway.
It was noted that the other two items included in the application were proposed change-of-approved-plan requests to be determined by the Zoning and Planning Administrator.
There being no public comment on the variance application, the public hearing was closed and the Board of Zoning Appeals convened at 6:22 PM.
PUBLIC COMMENT None
ZONING VARIANCE APPLICATION Discussion focused on the application for variance for a fourth garage door. It was noted that several other homes in BHV have more than 3-car garages; also that past actions of the Board should not influence present determination of proper adherence to the Zoning Ordinance. Mr. Perry stated that the standard of practical difficulty (BHV Zoning Ordinance Section 10.03) applies in this case, and he felt such difficulty was established.
MOTION Mr. Al-Awar moved that the application for variance to allow a fourth garage door at the home being constructed for Louis Probst and Katherine Klein, 280 Barton North Drive, be approved as submitted. Mrs. MacKrell seconded; the motion carried.
Discussion turned to the request for construction of the driveway light pillars in the front yard set back. Mr. Perry stated that Section 4.07 of the BHV Zoning Ordinance lists items allowable in the set back, including a "light pole" but felt that the pillars in question did not fit the description of that section. Traffic sight lines and adequate space for emergency vehicles were also mentioned. It was noted that most driveways in BHV are not marked with lighting close to the road and that the standard of practical difficulty would also apply to this request. The Trustees agreed that staking the site would be helpful in visualizing the proposed location of the pillars.
MOTION Mrs. MacKrell moved that consideration of the variance request to allow lighted pillars in the front yard set back at the property of Louis Probst and Katherine Klein, 280 Barton North Drive, be tabled until the May 16, 2006 Trustee meeting; further that the owners be requested to have the site staked to indicate the location of the property line, set back line and proposed location of the pillars. Mr. Al-Awar seconded; the motion carried with Mr. Perry voting no.
Concern was expressed for the Zoning and Planning Administrator's decision allowing the change of roof height requested, based on interpretation of the BHV Zoning Ordinance Section 5.03(d) according to the mid-point average method used by most area communities. This would be a departure from the method used by the Administrator in recent years. It was noted that the Zoning Committee is drafting an amendment to the Zoning Ordinance that would address the silence of the ordinance in that section. The Administrator's decision regarding the above-garage play space was briefly discussed, with Mr. Perry stating that the construction plans have no indication of kitchen facilities that would cause it to be considered a second-family living space. Atty. Reading confirmed that these questions were not currently before the Trustees for decision and that the ruling of the Administrator stood until/if appealed.
The Board of Zoning Appeals was adjourned at 7:08 PM.
Jan Esch, Assistant Clerk
Approved 4/17/06BHV, affirmed 12/11/06BZA