BZA Hill Sept. 18, 2012

The Newbury Township Board of Zoning Appeals public hearing was called to order by Mr. Ray Fidel, Chairman at 7:35 p.m. on September 18, 2012 with Board members, Mary Lee Brezina, Bill Skomrock Sr., Chris Yaecker and alternate Lou Tomsic Jr. present.  Ms. Endres  presented screen views 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. Mr. Fidel read the area variance request:


Thomas R. Hill requests an area variance to build a 18 ft. x 20 ft. rear home addition in the Restful Lake Subdivision 5 ft. from the side lot line (vs, Art. V & XIV: Sec. 5.05 req’d 16 ft. side line setback & Sec. 14.05 rear addition within original envelope of the house but not closer than 10 feet) located at 14883 Longview Dr. in the R-1 district.


Mr. Fidel asked Mr. Hill to present his case.  He said he has been a Restful Lake resident since 1953, always “played by the book” so he is here for a variance for the rear expansion he has wanted for years.   The narrow 30 ft. lot lines govern and are beyond his control to change.  The expansion would extend the original lines of the house and be no closer to the side lot line.  He wants to beautify his home; his living room now is 8ft x 16ft.  The rear expansion, raised on posts, would overlook the lake with lots of windows so he can enjoy the surroundings while eating breakfast.  He had the property surveyed in ’96 or ’97 and has found the pins.  The lot runs on a slight diagonal.  He pointed out his site on the screen and commented that all his neighbors get along well and help each other when needed.  He has wanted to buy the vacant lot next door but is still negotiating with Mrs. Ortman.


Mr. Fidel asked the board for any additional comments or questions. 


Mr. Yaecker asked whether Mr. Hill would be building over the septic field – no.  Mr. Skomrock Sr. said the expansion extended the original house footprint and would beautify the house.  Ms. Brezina asked whether Mr. Hill had approval from the Restful Lake Assoc.  He said he had verbal OK and the approval letter was pending.


There being no more questions, Mr. Fidel called for a motion stating that a yes vote would grant the area variance as requested.


Bill Skomrock Sr. moved to approve the Area Variance as requested Chris Yaecker seconded the motion that passed by unanimous vote. 


            Chris Yaecker                                                 yes

Bill Skomrock, Sr.                                           yes

Lou Tomsic, Jr.                                               yes

Mary Lee Brezina                                           yes

Ray Fidel                                                        yes


Mr. Fidel 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. Fidel 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”.


Mr. Fidel adjourned the BZA hearing at 7:50 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 this expansion for livability and enjoyment.

2)      The variance is substantial but Restful Lake lots were platted before zoning.

3)      The essential character of the neighborhood would not be altered nor would adjoining properties suffer substantial detriment as a result of this variance for a rear expansion.

4)      The variance would not adversely affect the delivery of government services.

5)      The lot owner purchased the property without knowing the zoning restrictions.

6)      The owner’s predicament could not feasibly be obviated without this variance as typical lake lots are only 30 feet wide.

7)      The spirit and intent behind the zoning requirement would be observed by granting this  variance. There were no neighbors in attendance to object.

Mr. Fidel adjourned the meeting at 8:00.


Marge Hrabak Secretary                     Signatures of the Newbury Board of Zoning Appeals:



_________________________                                              ____________________________

Mary Lee Brezina, V. Chairman                                             Bill Skomrock, Sr.


_________________________                                              ________________________

Chris Yaecker                                                                         Lou Tomsic, Jr. Alt.


_________________________                                              _________________________

Ray Fidel, Chairman                                                               Marge Hrabak, Sec’y  BZA