ZONING BOARD OF APPEALS
Monday, August 12, 2013
AGENDA A ND MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIENCE:
APPROVAL OF AGENDA: August 12, 2013
INTRODUCTION OF MEMBERS:
CALL TO PUBLIC: Agenda Items only – 3 minute limit
APPROVAL OF MINUTES FOR: May 6, 2013 Regular Meeting
NEW BUSINESS: ZBA Case # 04-13 – Pro Bros for Pollard
359 Timbermill Lane – Tax ID# 4710-04-103-003
CALL TO PUBLIC:
MEMBERS PRESENT: Larry Fillinger, Linda Manson-Dempsey, Greg Durbin, Larry Grunn, and Dan Lowe (arrived at 8:10 pm)
MEMBERS ABSENT: None
Linda Manson-Dempsey called the meeting to order at 7:30 p.m.
Larry Fillinger motioned to approve the agenda as presented. Greg Durbin seconded. Motion carried 4-0.
The members of the Zoning Board of Appeals introduced themselves.
CALL TO THE PUBLIC
APPROVAL OF MINUTES
May 6, 2013 Regular Meeting: Larry Fillinger motioned to approve the minutes as presented. Greg Durbin seconded. Motion carried 4-0.
ZBA Case #04-13—Pro Bros. for Pollard, 359 Timbermill Lane., Tax ID #4710-04-103-003
The applicant was not present at the hearing. Linda Manson-Dempsey felt the letter of authorization for Don Provenzola from Pro Bros. to represent the applicant was not detailed enough. Mr. Provenzola was not present. All of the documentation from the applicant is included in the packet. Annette McNamara said the Planning Commission is reviewing this section of the ordinance and the requirements for roof pitch may be changed.
Jesse Cawthon, 472 Timbermill Lane, president of the homeowner’s association, said the association would like the ZBA to consider denying the request. The HOA intends to take legal action against the applicant because the proposed design does not meet the subdivision’s design standards.
Larry Fillinger motioned for ZBA Case #04-13—Pro Bros. for Pollard, to deny the request to relax Section 6.22 C, the dwelling unit shall have a minimum 4:12 roof pitch on the main roof of the dwelling with not less than a six (6) inch overhang on the gable ends of roof. Roof pitches on unenclosed porches shall not be less than a 3:12 roof pitch. Linda Manson-Dempsey seconded. Roll call vote: Fillinger—yes; Grunn—no; Manson-Dempsey—yes; Durbin—no. Motion to deny failed 2-2.
Greg Durbin motioned for ZBA Case #04-13—Pro Bros. for Pollard, to approve the request to relax Section 6.22 C of the zoning ordinance requiring a 4:12 roof pitch to allow a 1:12 roof pitch, considering the following criteria:
6. The difficulty shall not be deemed solely economic. This request does not appear to be economically driven.
Larry Grunn seconded. Roll call vote: Fillinger—no; Grunn—yes; Manson-Dempsey—no; Durbin—yes. Motion failed 2-2. Motion failed according to Section 5.06 G, which requires a majority vote of the members of the board.
Annette McNamara passed out a replacement page for the ZBA members’ zoning ordinance book.
The new meeting schedule was passed out and Ms. McNamara said to check the dates carefully.
She also passed out additional information on the variance request from Lekander for the gas station. She explained why it appeared that so many variance requests were made; several of those requested were not actually necessary.
Dan Lowe asked the ZBA members to explain why they granted a variance for the accessory building on Norton Road when he feels it wasn’t necessary.
Bob Hanvey said the Planning Commission and Zoning Board of Appeals joint training by Carlisle Wortman is scheduled for some time in October and asked the ZBA members if they would be available; the ZBA members said yes.
Larry Fillinger motioned to adjourn the meeting at 8:25 p.m. Greg Durbin seconded. Motion carried 5-0.