Meeting Agenda July 14, 2010

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1 Aurora Advocate notified CITY OF AURORA OHIO -- BOARD OF ZONING APPEALS Meeting Agenda July 14, 2010 TIME: 7:30 p.m. LOCATION: Council Chambers, Aurora City Hall, 130 South Chillicothe Road 1. Call to Order 5. Declaration of Oath 2. Roll Call 6. Amendments to Agenda 3. Pledge to the Flag 7. Approval of the minutes: 4. Work Session a) May 12, 2010 Meeting 8. OLD BUSINESS: There is no old business. 9. NEW BUSINESS: a) MARK & LAURA MEYER, 525 DUNEDEN DRIVE [ A variance from Section (e)(2) of the Aurora Codified Ordinances to allow an accessory building with a height of 18.5 feet instead of the maximum allowed 15 feet. b) TONY & JOAN SAHLEY, 1030 WHISPERWOOD LANE [ A variance from Section (c) of the Aurora Codified Ordinances to allow an accessory structure in the side yard instead of the required rear yard of the property. c) ROBERT & LNDA QUARRY LLOYD AVENUE [ A variance from Section (b)(2) of the Aurora Codified Ordinances to allow an accessory structure to be expanded to 912 square feet, 336 square feet over the maximum square footage allowed. 10. MISCELLANEOUS: There is no miscellaneous business. 11. Adjournment BUSINESS OTHER THAN THAT SPECIFICALLY DESCRIBED MAYBE CONSIDERED For information contact Board of Zoning Appeals Clerk Susan Dombeck at Agendas and Minutes can be found at auroraoh.com listed under Board of Zoning Appeals

2 CITY OF AURORA OHIO BOARD OF ZONING APPEALS Meeting Minutes July 14,2010 The Aurora Board of Zoning Appeals met in a regularly scheduled meeting Wednesday, July 14, 2010 in the Council Chambers at City Hall. The meeting was called to order at 7:34 p.m. by Chairman Don Arbuckle. ROLL CALL: Present: Scott Friedler Tony Gramm Don Arbuckle Absent: Peter French Bernard McCarrell Terese Fennell Also Present: Chad Murdock, Legal Advisor Denise Januska, City Planner Susan Dombeck, Clerk WORK SESSION: Mr. Arbuckle explained the procedure for the work session and meeting. He added that since there were only three members present it would take all three to vote in the affirmative for be approved. He explained that if anyone would rather wait until the next meeting something when moretomembers might be present they can request that their application be tabled. OLD BUSINESS: There was no old business. NEW BUSINESS: MARK & LAURA MEYER, 525 DUNEDEN DRIVE [ A variance from Section (e)(2) of the Aurora Codified Ordinances to allow an accessory building with a height of 18.5 feet instead of the maximum allowed 15 feet. Mr. Arbuckle explained the variance request. TONY & JOAN SAHLEY, 1030 WHISPERWOOD LANE [ A variance from Section (c) of the Aurora Codified Ordinances to allow an accessory structure in the side yard instead of the required rear yard of the property. Mr. Arbuckle reviewed the requested variance.

3 BOARD OF ZONING APPEALS J U LY 14, 2010 City of Aurora 2 Meeting Minutes ROBERT & LINDA QUARRY, 1055 LLOYD AVENUE [ A variance from Section (b)(2) of the Aurora Codified Ordinances to allow an accessory structure to be expanded to 912 square feet, 336 square feet over the maximum square footage allowed. Mr. Arbuckle briefly described the variance request. MISCELLANEOUS: There was no miscellaneous discussion. MEETING: Mr. Murdock gave the oath to the staff and audience members that planned to speak during the meeting. AMENDMENTS TO THE AGENDA: There were no amendments to the agenda. APPROVAL OF MINUTES: the meeting of May 12, 2010 could not be approved because not enough The members minutes present for at that meeting were in attendance. OLD BUSINESS: There was no old business. NEW BUSINESS: MARK & LAURA MEYER, 525 DUNEDEN DRIVE [ A variance from Section (e)(2) of the Aurora Codified Ordinances to allow an accessory building with a height of 18.5 feet instead of the maximum allowed 15 feet. Mr. Arbuckle quickly reviewed the variance request. Mr. Meyer was in attendance with his builder, Ed Wurm Jr. Mr. Meyer explained that his family needs additional room for another car for their son. The variance is needed to keep the same roof pitch that is on the existing house. That way they will match and stay within the character of the neighborhood. He added that there currently is a shed that will remain on the site. Mr. Arbuckle asked that the record show that a letter was received from a neighbor expressing approval of the plan. Resident George Mazzaro stated that, in the past, accessory buildings with that roof pitch usually an apartment or a loft. Per an inquiry by Mr. Arbuckle, Mr. Meyer said that it would ended up as

4 BOARD OF ZONING APPEALS JULY 14, 2010 City of Aurora 3 Meeting Minutes be used strictly for storage and not for living space. Referring to the variance checklist, Mr. Arbuckle stated that the property will retain its economic value and not be changed if the variance is denied. He didn't feel that the variance was substantial or that the character of the neighborhood would suffer any significant detriment. Mr. Arbuckle then noted that the governmental services would not be affected. He stated that when the owners purchased the property they probably did not understand the zoning regulations. With regard to alternatives, Mr. Arbuckle said that the structure could be built within the requirements, but the variance request is not really substantial. He thought that the spirit and intent of the code would be observed and justice done if the request is granted. Mr. Arbuckle felt that the reasoning of the above factors has been satisfied in a positive way. To grant to Mark and Laura Meyer for the property at 525 Duneden Drive, in a R-1 district, a 3.5 foot variance from Section (e)(2) of the Aurora Codified Ordinances, which limits the height of accessory buildings in a residential district to 15 feet, to allow the construction of a detached garage 18.5 feet in height, as shown on the application. Mr. Friedler, Mr. Gramm, Mr. Arbuckle Yeas: Nays: None TONY & JOAN SAHLEY, 1030 WHISPERWOOD LANE [ A variance from Section (c) of the Aurora Codified Ordinances to allow an accessory structure in the side yard instead of the required rear yard of the property. Mr. Arbuckle explained the request and noted that it has already been built in the side yard. He mentioned that an was received from a resident that requested information regarding this submittal and asked that it be accepted for the record. To accept the from dated July 14 as part of the record. Yeas: Mr. Friedler, Mr. Gramm, Mr. Arbuckle Nays: None Dr. and Mrs. Sahley asked that their request be tabled until the next meeting when more than three members would be present. Table this item until the next meeting.

5 BOARD OF ZONING APPEALS JULY 14, 2010 City of Aurora 4 Meeting Minutes Yeas: Mr. Friedler, Mr. Gramm, Mr. Arbuckle Nays: None ROBERT & LINDA QUARRY, 1055 LLOYD AVENUE [ A variance from Section (b)(2) of the Aurora Codified Ordinances to allow an accessory structure to be expanded to 912 square feet, 336 square feet over the maximum square footage allowed. Mr. Arbuckle briefly reviewed the request. Mr. and Mrs. Quarry were in attendance to answer questions. Mr. Quarry explained that they have three vehicles and can only store one in their two car garage due to the storage of lawn care equipment. They planned to add on to the side for an extra car, but then they would still need a separate storage shed. Mr. Quarry explained that both he and the contractor felt that it would be best to build extra storage room at the back of the garage. That way they can have all three vehicles in the structure as well as room for the equipment. Mr. Quarry told the members that they each have a car as well as a sports car. He said that there have been an increasing number of car break-ins in the neighborhood, and their property has been vandalized in the past. Per an inquiry by Mr. Arbuckle, Mr. Quarry stated that if they put up a shed to hold the equipment, they would still need a place to put the third car. He said that they plan to go only 16 feet deep all along the back of the garage, which won't even be seen from the street or front yard. He noted that they would still have 25 feet from the addition to the rear property line. Mr. Quarry further explained that the back wall of the garage will be removed when the addition is put on, and one side will have cars parked two deep. There was a conversation on the layout of the addition in relation to the back yard area. Mrs. Quarry stated that she has a patio set that she would like to use in the summer but is unable to use now because of the vehicles parked in the way. There was a brief discussion on the submittal of a petition stating approval of the plan signed by various neighbors. Mr. Friedler began a conversation on the plan with regard to existing storage space. Mr. Mazzaro stated that there are many oversized accessory buildings in that area. He said that this proposal is small in size compared to many of them. Mr. Arbuckle noted that only three members were present and it would take a unanimous vote for approval. He asked if they would rather wait until the next meeting. Mr. Quarry said there are plenty of three car garages and pole barns in the neighborhood that are larger. Mr. Arbuckle began a review of the variance checklist. He said that if the variance is denied there will not be a negative effect on the property. He felt that the variance request is a substantial one. Mr. Friedler stated that by the numbers it is substantial; however in feasibility, given the situation and the size of their current home, it is not as substantial as it sounds. the members must determine if the variance, if allowed, would change the Mr. character Arbuckle of the saidneighborhood and be a detriment to the surrounding properties. He pointed out that Mr. Mazzaro noted that there are many others in the neighborhood and this would not really

6 . BOARD OF ZONING APPEALS J U LY 14, 2010 City of Aurora 5 Meeting Minutes stand out from the other properties. Mr. Friedler stated that, given the location on the property, it's affect on the neighborhood and character would be fairly low because it has no visibility from the street. Mr. Gramm mentioned that there is another garage that was extended quite a bit just two doors away. Mr. Arbuckle, referring to the checklist, said that the members would have to determine if there would be any affect on the governmental services provided. He commented that the only issue with safety is that two of the cars would be double parked in the garage, but he did not feel that the governmental services would be negatively affected if the variance were approved. After determining that the Quarry's purchased their property 35 years earlier, Mr. Arbuckle stated that there have been changes to the code since then so it can be assumed that they were not aware of the current zoning requirements. Mr. Arbuckle asked if the predicament could be solved through a method other than the variance and noted that the situation is a self-imposed one because of the ownership of an extra vehicle. With regard to whether the spirit and intent of the code would be observed if the variance is granted, Mr. Arbuckle said that the proposal is well over the bounds but there are other factors to be considered. He added that there are many other similar buildings already in the area. To grant to Robert and Linda Quarry for the property at 1055 Lloyd Avenue in R-5 district, a 336 square foot variance from Section (b)(2) of the Aurora an Codified Ordinances, which allows on a lot having an area of less than 1 acre a maximum accessory building area of 576 square feet, to allow the construction of a 384 square foot addition onto their existing detached garage, for a total accessory building area of 912 square feet, as shown on the application. Yeas: Mr. Friedler, Mr. Gramm, Mr. Arbuckle Nays: None MISCELLANEOUS: There was no miscellaneous business. ADJOURNMENT: Mr. Friedler moved to adjourn at 8:15 p.m.; Mr. Gramm seconded, and the motion carried, 3-0, on a voice_. ' i.3:1»l S.«.*4575#.AL Don Arbuckle - Chairman - Susan Dbmbeck Clerk AUDIO TAPE ON FILE

M E M O R A N D U M. Tom Elgin, Community Development Manager

M E M O R A N D U M. Tom Elgin, Community Development Manager M E M O R A N D U M Meeting Date: December 7, 2010 Item No. H-11 To: From: Subject: Dan O Leary, City Manager Tom Elgin, Community Development Manager Consider a resolution approving a variance to the