TOWN OF NORTH HARMONY
ZONING BOARD OF APPEALS
WEDNESDAY, 1/24/2018, 7:00 PM
ZBA MEMBERS PRESENT: HELEN EMICK GREG MICHALAK
WILL ORTMAN ROGER VAILLANCOURT
DAN THOMAS GARY WINGER
Brad Lawson, Zoning C.E.O.
Dave Stapleton, Attorney
Others Present: Jason & Lisa Wyatt Richard & Yvette Jordan
In the absence of Chairman Levesque, Mr. Michalak brought the hearing to order at 7:00 PM.
Mr. Stapleton swore in all who expressed intent to speak regarding the applications.
Mr. Winger motioned to adopt the minutes of the 12/20/2017, ZBA Hearing as presented by the Clerk. Mr. Ortman seconded, and the motion was carried unanimously.
- Tom Hawk requesting a Use Variance to build a deck closer to setbacks than allowed in the R-1 District at property located at Lakeland Ave., Stow, specifically Sec. 332.12-1-1.
Mrs. Emick requested that the record be corrected to reflect that the request from Mr. Hawk is a Use Variance and not an Area Variance.
Mr. Lawson noted that Mr. Hawk is not at the hearing nor does he have an appointed representative present. It was the consensus of the board that more information is needed on this case. Mr. Lawson said the neighbors are present and asked if the board would like to hear what they have to say. The board agreed. Mr. & Mrs. Wyatt are the neighbors and they brought photos of the deck which has already been built on the property. Mrs. Wyatt said they purchased their home in 2016 and there was a 30’ lake access ROW next to them for the Hawk residence which is located on the other side of the road. She said Mr. Hawk put in a raised gravel drive and large wooden deck on the lake access road. She said the deck obstructs their north view of the lake and because it is raised, it creates flooding in their yard. She said it intrudes on their privacy. She said there are no other decks located on the lake like this. Mr. Wyatt said he had measured and the deck is 17’ from the lake and 7-8’ from the property line. The board reviewed the photos provided. It was noted that prior to the construction of the deck any water would drain to the state land side and now the water pools in the Wyatt’s yard.
Mr. Lawson offered the following comments:
- The lot in question is non-conforming and cannot be built on
- Any type of filling near the lake is a problem as it can create drainage issues
- The highwater mark is probably much further from the lake than 50’
- Lawson said he had sent a letter to Mr. Hawk and he had submitted an application for the variance.
Mr. Michalak noted the applicant did not contact anyone regarding the application and did not appear at this hearing. He also noted that the dimensions on the application are inaccurate. Mr. Michalak asked if anyone wished to speak regarding the application.
Mr. Michalak motioned to grant a Use Variance to Tom Hawk to build a deck closer to setbacks than allowed in the R-1 District at property located at Lakeland Ave., Stow,
specifically, Sec. 332.12-1-1. Mr. Vaillancourt seconded. YES (0). NO (6): EMICK, MICHALAK, THOMAS, VAILLANCOURT, ORTMAN, WINGER. The request was unanimously denied.
It was determined that if Mr. Hawk wishes to redress the board, he will need to submit another application to the Zoning Board of Appeals.
- Richard and Yvette Jordan requesting an Area Variance to construct a storage building closer to setbacks than allowed in the C-1 District at property located at 80 A Goose Creek, Ashville Specifically Sec. 367.15-1-29.
Mrs. Jordan said they would like to build a pole barn for storage of boats and other equipment. She said one corner of the building will be 30’ from the road edge (50’ is required). She said they had angled the building in a fashion that required less trees to be cut down. Location of trees and drainage were discussed. Mrs. Jordan said the rear of the property slopes down and has a drainage ditch at the rear of the proposed barn. Mr. Lawson said he had met with the Jordan’s and discussed the project. He said they could move the barn further back but the land slopes down and they would have to fill in the drainage ditch to the rear which would hurt drainage for many of the structures on the road. He said they do intend to keep to the allowed height of 18’. It was discussed that one of the reasons for the location was to preserve old growth trees on the property. Mr. Lawson noted that the barn would be the primary structure on a separate lot which is approximately 153’x107’ (15,246 sq. ft.) and this would require an area variance for lot size as one acre (43,500 sq. ft.) is required in the C1 District.
Mr. Michalak reviewed Zoning Code Section 904 C. Area Variances 2. a) no b) no c) yes d) no e) yes. Mr. Michalak asked if anyone wished to speak regarding the application.
Mr. Michalak motioned to grant a 20’ Area Variance for roadside setback and an Area Variance for lot size to Richard and Yvette Jordan to construct a storage building in the C-1 District at property located at 80 A Goose Creek, Ashville Specifically Sec. 367.15-1-29. Mrs. Emick seconded. The motion was carried unanimously.
The hearing was adjourned at 7:55 PM.