BRADY TOWNSHIP ZONING BOARD OF APPEALS

MINUTES OF MEETING HELD NOVEMBER 18, 2008

A meeting of the Brady Township Zoning Board of Appeals was held November 18, 2008. Vice-Chairman Aileen Greanya called the meeting to order at 7:00 p.m.

Members Present: Vice-Chairman Aileen Greanya

                                Mike Oswalt

                                Ed Haberle

                                Joe Timko

Absent was Chairman James Dyke.

Also attending were Zoning Administrator Glenn Lindsey and three citizens.

APPROVAL OF MINUTES

A motion was made by Joe Timko and seconded by Mike Oswalt to approve the minutes of the October 21, 2008 meeting as printed. The motion was carried.

REQUEST FOR A VARIANCE by James Kundrat

James Kundrat has requested a variance for relief from the north side yard setback and the front yard setback as set forth in Brady Township Zoning Ordinance Article XIV. He wants to build a garage at his residence at 11423 East Indian Lake Drive in Brady Township. The R-1 zoning for this property requires a 10’ side yard setback, and the shed has an 8’ setback and the R-1 zoning for the front yard setback is 60’ and the proposed setback is 16’.

Vice-Chairman Greanya opened the Public Hearing.

Mr. Kundrat stated that he currently has no garage. He stated that the proposed garage will be no closer to the road than the existing house—it will be built flush with the existing non-conforming house.

Mr. Kundrat also stated that there are structures in the area closer to the road than his house. Joe Timko responded that some were “grandfathered in” in 1997 and that this Zoning Board of Appeals has to deal with the current zoning laws.

Glenn Lindsey stated that the side yard setback requirement is usually 15’, but that because of the narrower lots in this area, a 10’ side yard setback is allowed.

Joe Timko explained that the 10’ side yard setback on each property is to provide alleyways for easy access for emergency and rescue vehicles. These side yard setbacks provide for the safety and welfare of the area residents.

There was no further discussion, and the Public Hearing was closed.

There has been no written correspondence received concerning Mr. Kundrat’s request.

Ed Haberle stated that this is one of the larger lots in the area, and he cannot justify granting a variance. He stated that he couldn’t find anything unique or unusual about this parcel.

Glenn Lindsey noted that the zoning ordinances require a 60’ front yard and a 25’ rear yard setback, for a total of 85’. This lot has a total depth of 82’. A variance for either front yard or rear yard setbacks would therefore be needed for any type of building, due to the shallowness of the lot.

The Zoning Board of Appeals considered the variance request with the variance standards as published in Article XXIII, Section 23.8 of the Brady Township Zoning Ordinances. After discussion, the members of the ZBA found the following:

1a. The reason of exceptional topographic conditions or of size, shape, etc. practical difficulties

      has been met because of the shallowness of the lot in reference to the front yard setback.

      There is no practical difficulty found with meeting the side yard setback.

1b. A variance for the side yard setback would be a detriment to adjoining properties because it

      could possibly prevent emergency vehicle access.

1c. There is nothing exceptional about this property in this neighborhood.

1d. The garage would allow the Kundrat family to enjoy their property in the same way as others

      in this area who have garages. Aileen noted that some properties in this area have one car

      garages, and some have two car garages.

2. There is no economic hardship requested or presented.

3. This is not a self-created difficulty.

Joe Timko made a motion to deny Mr. Kundrat’s request for a variance for side yard setback—to keep the side yard setback at 10’, but to grant a 16’ front yard setback, the garage to be flush with the existing house, due to the shallowness of the lot. Joe Timko supported. The motion

was carried by a three to one vote.

There was a motion by Ed Haberle to adjourn at 7:45 p.m. Mike Oswalt supported, and the motion was passed unanimously.

Respectfully submitted,

________________________________

Aileen Greanya, Vice-Chairman

Brenda Brock

Recording Secretary