WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES

February 27, 2006

The Washington Township Board of Zoning Appeals met in regular session on February 27, 2006 in the Meeting Room of Washington Township Government Center. Members of the Board present were: Mr. Khouri, Mr. Horine, Mr. Dunn, Mrs. Fischer, and Mr. Smith (as alternate). Mrs. Mulligan was excused.

Call to order at 7:00 p.m.

Mr. Khouri explained the hearing format and voting procedure.

The Oath was administered by Mr. Khouri.

MOTION – Mrs. Fischer moved the minutes of January 11, 2006 be approved as submitted.

Motion seconded by Mr. Dunn.

VOTE - Mr. Khouri, yes; Mr. Horine, yes; Mr. Dunn, yes; Mrs. Fischer, yes; Mr. Smith, yes.

MOTION – Mrs. Fischer moved the minutes of January 30, 2006 be approved as submitted.

Motion seconded by Mr. Smith.

VOTE - Mr. Khouri, yes; Mr. Horine, yes; Mr. Dunn, yes; Mrs. Fischer, yes; Mr. Smith, yes.

Case A-1454 – Delphine A. Kaser, 1650 Alex-Bell Road

Request is for a variance in the front yard set back from the required one hundred feet (100’) to approximately fifty feet (50’) to allow for the future placement of a single family residence located in a Residential (R-1) zoning district.

Jack Kuntz, Zoning Inspector, presented the case.

Applicant represented by Mark Kaser. Mr. Kaser presented his case. Mr. Kaser answered questions and addressed the concerns of the neighbors which were brought up at the previous meeting.

Mr. Horine – Asked about the possibility of a house with a garage coming off the front of the house. Also asked if a side entry is a possibility.

Mr. Kaser – Stated that those possibilities would alleviate some of the variance requested; however, the flood plain affects this also.

Citizens voicing concerns, question and comments included:

Frank Bonanno, 1797 Kylemore Court – Lives behind the house across the street that needed a variance and regrets that it was approved. Mr. Bonanno reminded that zoning is there for a reason. Questioned the square footage of the proposed house.

Mr. Kaser – Indicated the proposed house will be over 5,000 square feet.

Mr. Bonanno – Stated he would like the existing zoning to remain.

Victor Smith, 1638 W. Alex-Bell Road – Feels that the proposed house would take away from property values. He also has concerns with traffic and is worried about safety. Mr. Smith also feels that the natural setting in the area will be destroyed. He doesn’t feel that landscape mounds would be effective.

David Schardt, 1648 W. Alex-Bell Road – Feels that zoning is there for a reason and is not in favor of the variance.

Mr. Horine – Asked Mr. Schardt what he will do with his open lot?

Mr. Schardt – Stated he will do nothing with the lot.

Steve Schardt, 1648 W. Alex-Bell Road – Stated his concerns with safety issues. He, too, is not in favor of the variance requested.

Public hearing closed.

Board remarks, concerns, and questions included:

Mr. Smith – Indicated that applicant knew the existing zoning. Mr. Smith felt the request is a substantial variance and doesn’t feel he can support it.

Mrs. Fischer – Believes there are hardships in this case and she does not have a problem with the variance requested.

Mr. Horine – Agreed with Mr. Smith. Feels that the house is a bad fit and it is too extreme for it to have a smaller setback.

Mr. Dunn – Agrees with comments that have been made; however, he feels that applicant knew the hardships. Feels that the variance is substantial.

Mr. Khouri – Also sees both arguments. Stated that it is a question of whether or not a fifty foot (50’) reduction in setbacks is significant. The reduction is significant; however, he indicated that the houses located on the other side are also at a fifty foot (50’) setback.

Mr. Smith – Noted that it is an existing lot with an existing home on the lot. As a result, the hardship was created by the applicant. This was not an existing hardship.

Other options were discussed by board members.

Hearing closed.

Motion - Mr. Smith moved in Case A-1454 to deny applicant’s request for a variance in the front yard set back from the required one hundred feet (100’) to approximately fifty feet (50’) to allow for the future placement of a single family residence located in a Residential (R-1) zoning district. Mr. Smith noted the variance is substantial and there are public safety concerns to take into consideration.

Motion seconded by Mr. Dunn.

VOTE - Mr. Khouri, yes; Mr. Horine, yes; Mr. Dunn, yes; Mrs. Fischer, no; Mr. Smith, yes.

Case A-1454 denied.

Case A-1455 - Randall & Raquelle Scott, 6400 Kings Grant Passage

Request is for a variance in the front yard set back from the required one hundred feet (100’) to approximately fifty feet (50’) to allow for the future placement of a single family residence located in a Residential (R-1) zoning district.

Jack Kuntz , Zoning Inspector, presented the case.

Applicant represented by David Flannery, 1317 Laurelwood Road. Mr. Flannery addressed the Board.

Mr. Smith – Asked what will be done with the existing garage?

Mr. Flannery – Stated that they have several cars and need the space.

Mr. Smith – What is the height of the proposed garage?

Mr. Flannery – It will be one-story tall. It will have an eight foot (8’) door with the same type of roof.

Citizens voicing concerns, question and comments included: None.

Public hearing closed.

Board remarks, concerns, and questions included: None.

Hearing closed.

Motion - Mr. Smith moved in Case A-1455 to approve applicant’s request for a variance in the front yard set back from the required one hundred feet (100’) to approximately fifty feet (50’) to allow for the future placement of a single family residence located in a Residential (R-1) zoning district, subject to: 1) the building materials used be the same as indicated on the site plan.

Motion seconded by Mrs. Fischer.

VOTE - Mr. Khouri, yes; Mr. Horine, yes; Mr. Dunn, yes; Mrs. Fischer, yes; Mr. Smith, yes.

Case A-1455 approved with modification.

In other business:

There was discussion regarding the proposed changes to the Zoning Resolution.

Meeting adjourned. A tape recording of this proceeding is on file in the zoning office.

Cliff Khouri, Chairman

Washington Township Board of Zoning Appeals

BZA\Minutes\February 27, 2006