BZA February 21, 2012 Borror

The Newbury Township Board of Zoning Appeals public hearing was called to order by Ms. Mary Lee Brezina, acting Chairman, at 7:30 p.m. on February 21, 2012 with Board members, Bill Skomrock, Sr., Chris Yaecker and alternates Ken Blair and Lou Tomsic present. Ms. Endres presented photos for board review. All in attendance who wished to speak at this hearing were duly sworn and asked when testifying to state their name and confirm being sworn in. Ms. Brezina read the area variance request:
Ivan Borror requests an area variance to construct an 805 sq.ft. addition to an existing non-conforming house at 11214 Music St. that is 47 ft. from the Music St. right-of-way (vs, Art. V, Sec. 5.05 req’d 100 ft.) The in-line addition will connect the house to the garage with living space, mud-room and a rest room that will be a 77% increase in original house size (vs. Art. XIV, Art. 14.05B1a req’d max.40%).
Ms. Brezina asked the applicant to present his case. Mr. Borror said he wished to add living space by connecting the old house (built 1846) addition to the detached garage. The design would be in keeping with the present old farm house look with exposed beams.
Ms. Brezina asked the board members if they had any comments or questions. Mr. Skomrock, Sr. asked how large the lot was – 5.2 acres. He said he sees no problem with the proposed addition. Mr. Yaecker asked the location of the septic system. Mr. Borror said he would install a new system with a leach field in the rear of the garage area. Mr. Blair and Mr. Tomsic said they had no questions or objections to this addition.
Ms. Endres said she could have approved the application except for the greater than 40% size of the addition.
On the screen Mr. Borror pointed out the layout of the addition; the living area, Mudroom, laundry and half bath. He is using propane now and intends to augment heating with a wood burner.
Mr. Yaecker said the addition looks good and will be a nice improvement. Mr. Borror reiterated that he would maintain the old farm house look.
Ms. Brezina asked if there were any questions from the audience. There being none, she called for a motion stating that a yes vote would approve the variance.
Chris Yaecker moved to accept the variance as requested; Ken Blair seconded the motion
Chris Yaecker yes
Ken Blair yes
Bill Skomrock, Sr. yes
Lou Tomsic yes
Mary Lee Brezina yes
Ms. Brezina informed the applicant his area variance was granted.

Ms. Brezina read to the Appellant and audience, “Within 30 days after service of the minutes granting your request, if someone wishes to challenge this decision through the court, he or she may. The challenge could reverse or negate our decision. Mr. Wong informed the Appellant and the audience that the 30-day period commences with the Appellants’ signing receipt of the signed minutes. They will be mailed registered return receipt to the Appellant. All persons receiving notice of the hearing will receive copies of the minutes. At the time you receive your permit you must also comply with all other requirements of Newbury Township zoning”.
Ms. Brezina adjourned the BZA hearing at 7:45 p.m. As the applicant left, Board members wished him good luck.
The board established the Findings of Fact:
1) The lot could yield a reasonable return without the variance however the owner needs additional living space and amenities to update this 1846 house.
2) The variance is substantial but there were no objections from the audience.
3) The essential character of the neighborhood would not be altered nor would adjoining properties suffer substantial detriment as a result of this variance – the addition would be an improvement to the house and neighborhood.
4) The variance would not adversely affect the delivery of government services.
5) The lot owner purchased the property without knowledge of the zoning restriction. He will replace the septic/leech field system to the rear of the addition.
6) The owner’s predicament could not feasibly be obviated without this over 40% addition size variance to this small 1846 house.
7) The spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance. There were no neighbors attending this hearing.
Ms. Endres updated the board on details of future BZA hearings. Discussion continued regarding on-going problems on several commercial properties.
Ms. Brezina adjourned the meeting at 8:15.

Marge Hrabak
Secretary