Board of Zoning Adjustments, Dec. 4, 2014

If zoned for light manufacturing by the city council on Dec. 15, a proposed brewery has pre-approval to operate a bottling plant in a smaller area than normally allowed.

If zoned for light manufacturing by the city council on Dec. 15, a proposed brewery now has pre-approval to operate a bottling plant in a much smaller area than normally allowed.

A potentially complicated and contentious brewery and bottling operation took another step toward final approval, to the relief of a zoning official; a new member was added to the board for Ward 2, replacing Trey Schaefer, and a member recused himself on a house demolition/rebuild case on Hambaugh.

Members present: Ross McCain, chairman, Brian Jarmon, Hope Cannon, Jeffrey Foster (S), vice chairman, and Beverly LeBoeuf (new member appointed from Ward 2).

Members absent: Lauren Gwaltney and Valerie Askew(S).

Staff present: Greg Cobb and Vanessa McGrath, Building, Engineering, and Zoning Department, Donna Bridges, board secretary.

Audience attendance: 10

*Note on procedure: By state law, zoning variances granted by the 5-member board require a “super” majority of 4 members voting in the affirmative. To keep business moving in case of absences, the law also allows two substitutes to sit in and vote if needed. These supernumeraries, marked with an (S), are asked to vote only when needed. All decisions are made following a public hearing. Variances expire in 180 days if a building permit isn’t obtained.

Granted a setback variance to allow for HVAC:  Applicant David Siegel of Twin Properties was granted a 2-foot, right side variance to setback limits at 1701 Roseland Drive to allow an additional HVAC unit to serve a second-story addition.

A portico and additional space for off-street parking is approved on the Seminole Drive side of this house on Manhattan Street.

A portico and additional space for off-street parking is approved on the Seminole Drive side (far side) of this house on Manhattan Street.

Granted a 19.5-foot setback variance (side facing Seminole Drive) to allow for an addition: The homeowner wants to enlarge a two-car parking pad and build a portico to cover it on the Seminole Drive side of this corner house, on 1500 Manhattan Drive. Ms. McGrath commented that the planned change brings the property into better compliance with ordinances because it creates more parking space on the property. BZA members asked whether she ever intended to enclose the portico and the homeowner said no. They also asked whether new building materials would match existing ones, to which she answered yes. 

Allowed a 6.5-foot variance to the rear setback to accommodate an addition and  Dumpster enclosure for Exceptional Foundation: The Exceptional Foundation required a variance to relocate, as agreed, a large Dumpster and enclosure off of the city’s Rec Center property. Foundation director Tricia Kirk made the request, answering questions as to the exact hardship that justified the variance. Ms. McGrath volunteered that placing the Dumpster in the front would reduce parking and the Park Board wanted it relocated off its property. After subsequent deliberation–testing Ms. Kirk’s patience–the board unanimously approved the request.

1529 Roseland Drive

1529 Roseland Drive

Granted variances for an addition on Roseland Drive: The applicant, from Cotton Construction, requested a variance at 1529 Roseland Drive to extend the back of the house for a master bedroom, putting it at 9 feet from the property line. An additional 6-foot extension is needed for a new breakfast room.

315 Sterrett Avenue

315 Sterrett Avenue

Granted two variances for a second floor addition on Sterrett: The homeowner was allowed a 4.1-foot right side allowance and a 6-inch left side allowance for a second floor addition at 315 Sterrett Avenue. The chairman mentioned a letter from neighbors at 309 Sterrett who supported the expansion. The addition at the back of the home would only be one story, and in line with the footprint of the home.

Slated for demolition. This corner lot at 401 Hambaugh Avenue will be divided for two new houses.

Slated for demolition. This corner lot at 401 Hambaugh Avenue was divided into two lots. A variance was granted for a single, larger house to be built in place of the existing house.

Granted a 20-foot front building setback variance for a new house on a divided lot. David Siegel of Twin Properties made the request to enable the owner to demolish an existing house at a corner lot 401 Hambaugh Drive and build a new, larger house into the setback area facing Lathrop Avenue. The property had previously been subdivided by the Planning Commission into two lots. Mr. Jarmon recused himself from the vote because the property is owned by a trust belonging to his father.

BREWERYAllowed a 1.8-acre variance contingent on a brewery rezoning. The variance allows the proposed business–if rezoning is approved Dec. 15 by the City Council–to operate a bottling line in a substantially smaller area than the M-1 (light manufacturing) zoning allows.

Background: On behalf of business owner Joseph Pilleteri, property owner Kenneth Williams has already received a favorable Planning Commission (5-1) recommendation to rezone property–a former A&P grocery building at 2821 Central Avenue–from commercial (C-4) to light manufacturing for a brewery, taproom and bottling plant. The rezoning case, however, has generated some opposition and final approval by the City Council isn’t guaranteed. Nevertheless, if approved, Mr. Pilleteri needs this variance to operate as planned in a smaller space than allowed by zoning regulations. The reasons for the floor area requirements or how smaller space would be addressed by the business were not explained.

1904 Mayfair Drive

1904 Mayfair Drive

Allowed a variance for a new addition on Mayfair Drive: A 4-foot left building variance was granted for a rear addition to the house at 1904 Mayfair Drive.

Set the 2015 BZA calendar: The board approved regular meeting times for 2015 on the first Thursday of each month with an exception in January, when the board will meet on the 8th, and July, when it will meet on the 9th.

The meeting adjourned at 7 p.m.

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