The Board of Zoning & Building Appeals will hold three hearings at its meeting Thursday, May 8, 2007 at 7:00 pm in the Village Offices. Under consideration are requests for variances for properties at 395 North Pearl Street, 108 Chapin Place, and 389 Glyn Tawel Drive.

The BZBA will hold a hearing for each variance request. The public is invited to attend and comment.

Application #08-38: Variance, submitted by Eric and Susan Rosenberg for the property located at 395 North Pearl Street. The request is for approval of a variance to reduce the following setbacks:

• front yard setback from thirty (30’) feet to three (3’) feet,
• the side yard setback from twelve (12') feet to ten and a half (10 ½’) feet and
• the rear yard setback from forty (40') feet to six and a half (6 ½’) feet.

These setback variances are required for an attached garage and second story living space. The applicant is also requesting a variance to allow a driveway/parking area to be located within ten feet of the rear lot line. The property is zoned Suburban Residential District-B (SRD-B) and is in the Architectural Review Overlay District (AROD).

Application #08-39: Variance, submitted by Brian and Danielle Barclay for the property located at 108 Chapin Place. The request is for approval of a variance to reduce the side yard setback from fourteen (14’) feet to nine (9’) feet along the southern property line and to reduce the rear yard setback from fifty (50') feet to forty-four (44’) feet for a flagstone patio. The property is zoned Suburban Residential District-A (SRD-A).

Application #08-40: Variance, submitted by Bryan and Christine Law for the property located at 389 Glyn Tawel Drive. The request is for approval of a variance to reduce the rear yard setback from fifty (50’) feet to twenty-nine (29’) feet for a detached garage. The property is zoned Planned Unit Development District (PUD).

Section 1147.03 of the Planning and Zoning Code states the following Criteria for Approval:

The following considerations shall be examined in the review and the public hearing of an application for a variance:

a. That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning districts.

b. That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicants of rights commonly enjoyed by other properties in the same zoning district under the provisions of this Ordinance.

c. That the special conditions and circumstances do not result from the actions of the applicant.

d. That the granting of the variance will not confer on the applicant any undue privilege that is denied by this Ordinance to other lands or structures in the same zoning district.

e. That the granting of the variance will in no other manner adversely affect the health, safety and general welfare of the persons residing or working within the vicinity of the proposed variance.