BZA Lee Fenrich October 2, 2012

The Newbury Township Board of Zoning Appeals public hearing was called to order by Mr. Ray Fidel, Chairman at 7:30 p.m. on October 2, 2012 with Board members, Mary Lee Brezina, Bill Skomrock Sr., Chris Yaecker and alternate Lou Tomsic 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:


Lee Fenrich requests an area variance for a 36’ x 24’ accessory building 17 ft. from the west side lot line (vs, Art. V, Sec. 5.05 req’d 30 ft. side setback).  The property is located at 11971 Music St. in the R-1 district.


Mr. Fidel asked Mr. Fenrich to present his case.  He showed the location on the screen of the proposed new rear garage as an extension of the existing driveway citing the 4 to 5 foot slope west to east that will require an 8 course block for the east foundation wall precluding a pole barn design.  He said the well is to the east of the present garage.  He knows where the survey pins are front and rear but the line slopes downhill without exact interim pins. 


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


Mr. Tomsic said he thought the new garage location was the logical place given the topography.  Mr. Skomrock Sr. agreed that this was the logical site and the new accessory building would also enhance the property.  He asked if the building would have utilities.  Mr. Fenrich replied electrical only, no water or sewer.  He said he would insulate and sheetrock for indoor storage of his hobby items: autos, signs etc. 


Ms. Brezina also agreed this was the logical site for the driveway extension because of the ground drop-off. 


Mr. Yaecker asked where the septic field was.  Mr. Fenrich replied the tanks are at the rear of the house with the leach field in front of the house.   Deed restrictions were clarified as only pertaining to the original construction.


Mr. Fidel then asked for questions or comments from the audience.  Mr. and Mrs. Wawzyniak identified themselves as neighbors to the west and stated they had no objections to the placement of the new garage 17 ft. from the property line.


Discussion continued regarding the height and pitch of the new garage – Mr. Fenrich stated it would be similar and no higher than the original attached garage, about 6 to 7 ft. high.


Ms. Endres said she had instructed Mr. Fenrich that the building could not be used for an apartment nor to run a business and the permit was valid for 2 years.  He said he would provide any “as-built” construction changes for the zoning file.


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, Mary Lee Brezina seconded the motion that passed by unanimous vote. 


            Chris Yaecker                                                  yes

Bill Skomrock, Sr.                                            yes

Lou Tomsic                                                      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 7:45 p.m.  As the applicants left, Board members wished them good luck. 


The board established the Findings of Fact:


1)      The lot could yield a reasonable return without the variance however the owner wants this accessory building/detached garage for much needed storage.

2)      The variance is substantial but reasonable given the topography restricted east side.

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

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

5)      The lot owner purchased the property knowing the zoning restrictions.

6)      The owner’s predicament could not feasibly be obviated without this variance as the topography  restricts the building foundation and extending the existing driveway.

7)      The spirit and intent behind the zoning requirement would be observed by granting this  variance. The neighbors in attendance had no objections to the new building placement.

Mr. Fidel adjourned the meeting at 7:52.



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



_________________________                                              ____________________________

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



_________________________                                              ________________________

Chris Yaecker                                                                          Lou Tomsic,  Alt.



_________________________                                              _________________________

Ray Fidel, Chairman                                                                 Marge Hrabak, Sec’y  BZA