May 11, 2009
The meeting of the Board of Zoning Appeals (BZA) was called to order by President Laporte at 5:52 PM at the Village Hall.
ROLL CALL Present: Trustees Al-Awar, Boddie, Bogat, Butterwick, Langford Laporte, Lindstrom, MacKrell and Wilkes. Absent: None.
Others attending: Atty. Laidlaw, ZPA Perry, Asst. Treasurer Redies, Supt Esch, BHMC President Bultman, applicant Linda Pickl, applicant Gregory Saldana, and nineteen residents.
APPROVAL OF MINUTES Mr. Lindstrom moved that the minutes of the August 11, 2008 Board of Zoning Appeals meeting be approved as printed. Mr. Butterwick seconded; the motion carried.
APPLICATION FOR VARIANCE 860 Colliston Road
Public Hearing President Laporte convened the public hearing at 5:54 PM concerning the application from Linda Pickl, 860 Colliston Road, to construct a dog fence in the set back. Written comments received prior to the meeting were previously distributed to the Board members by email; Ms. Laporte noted that all were in favor of the applicant with one comment focused on the undesirable potential for barking dogs left out for long periods in the fenced area. There were no further comments from the public and the hearing was closed at 5:58 PM.
BZA Discussion Ms. Pickl was invited to address the Board. She stated that the proposed fence would follow the natural slope of the yard and would be concealed among the bushes at the edge of the lawn. Mr. Perry added that the Board is deciding the question of practical difficulty, considering if the project could be done in some other manner that would avoid intrusion in the set back, and that the applicant is presenting her case for the difficulty based on aesthetic concerns and current configuration of the property. Trustee discussion focused on whether the standard was met in this case. Those favoring the applicant felt that a reasonable case was made supporting the request; those not in favor felt the set backs were to be protected and the case was not strong enough to warrant a variance.
Motion Mr. Boddie moved that the application for variance to construct a dog fence in the set back at 860 Colliston Road submitted by owner Linda Pickl be approved contingent on the fence being installed as shown on the plan submitted with the application. Mr. Butterwick seconded; the motion carried with Trustees Butterwick and Lindstrom voting no.
APPLICATION FOR VARIANCE 715 Spring Valley Road
Public Hearing President Laporte convened the public hearing at 6:04 PM concerning the application from Gregory Saldana and Monica Ponce de Leon, 715 Spring Valley Road, to install a generator in the set back. Written comments received prior to the meeting were previously distributed to the Board members by email. There were no further comments from the public and the hearing was closed at 6:07 PM.
BZA Discussion Mr. Saldana was invited to address the Board. He explained that his home is non-conforming, having been constructed in the set back prior to the adoption of the Zoning Ordinance. The generator is proposed to be installed between the existing air conditioning unit and the house. Photos submitted with the application indicate the unit will not be visible from Spring Valley Road. Mr. Saldana noted that he has lost electric power three times in the eight months he has lived in the home, making a generator desirable, and that this is the best location for the unit. Concern was expressed in one of the written comments about the noise level; Mr. Saldana stated that he trusted his electrician’s evaluation of the unit as one of the quietest available. Trustee discussion focused on the noise concern, noting that there is no decibel requirement in the BHV ordinances.
Motion Mrs. MacKrell moved that the application for variance to install a generator within the set back submitted by Gregory Saldana and Monica Ponce de Leon, 715 Spring Valley Road, be approved contingent on the applicant’s intention to purchase a unit as described (one of the quietest). Mrs. Langford seconded; the motion carried.
NEW BUSINESS None.
Mr. Boddie moved the meeting be adjourned at 6:10 PM. Mr. Al-Awar seconded; the motion carried.
Janice K. Esch, Deputy Clerk