Minutes-9/22/1999

Tiffin Board of Adjustment September 22, 1999 A meeting of the Tiffin Board of Adjustment was brought to order at 6:30 p.m. by Chair Roger Janssen at the Tiffin Fire Station on September 22, 1999. Board of Adjustment Members present: Chair Roger Janssen, Mary Boyd, Betty Madden and Sandy Huedepohl. Absent: Cathy Kee. Also present: Mayor Glenn Potter, Council Member Jim Bartels, Building Inspector Greg Schott, Engineer Mike Hart, Clarence Sewell and three family members, John Rummelhart, and Consultant from MMS. Chair Janssen opened the Public Hearing of the Tiffin City Board of Adjustment at 6:30 p.m. at the Tiffin Fire and asked for citizen input in regard to a request from Mr. Clarence Sewell for variance on setback requirements for Lots 23, 24, 25, and 26 Reeve II Addition. Building Inspector Greg Schott explained that Clarence Sewell is needing a variance on his north line. Parking problems on the lot had been addressed in an earlier agreed purchase of ground from the City of Tiffin to Clarence Sewell. John Rummelhart reminded Board Members of the criteria written in the Zoning Ordinance, page 79, Section 5. A written application for variance is submitted demonstrating: 1) special conditions peculiar to the case 2) deprivation of rights enjoyed by others 3) no conferring of special privilege 4) that circumstances do no result from the actions of the applicant. 5) not injurious to neighbor 6) can not approve something not permitted by ordinance. Mr. Rummelhart also noted that Section 5.10 regulating accessory buildings says that 60% of a rear yard my be used for a private garage. Mr. Rummelhart asked the Building Inspector what yard these garages might be located in on the Sewell property. Mr. Schott said the Sewell garages are located in the side yard of this parcel. Mr. Rummelhart read ordinance that said if private garages are permitted they must follow setback requirements of the principal building, which would be 8 feet from line. Mr. Rummelhart questioned if a licensed surveyor had completed this staking work. Mr. Rummelhart asked these following questions. 1) What repercussion would a variance effect for him? 2) Would Mr. Rummelhart be required to set back the 8 feet needed for the Sewell property as well as his own 8-foot requirement? 3) Who would set pins on this parcel? 4) What would garage distance requirements be on his property, and where would you determine rear yard? 5) What was the eave overhang distance in this location? Member Madden said if the garages were place incorrectly then Mr. Sewell should not be allowed to build further. Mr. Sewell said that as soon as he was notified of a problem, he called MMS the next day and asked them to come out and check distances from the lot line. On the west end the garage is 3 ½ feet from the line, the center is about 2 feet from the center and further out the distance is 4 feet. Mr. Sewell said he trusted those doing the work. Mr. Schott, the building inspector has checked every corner of the second 12-plex. Mr. Sewell indicated that he has built the finest and safest buildings in the area, his building withstand 250 mile per hour winds and realize heat savings of 75% over conventional buildings. His buildings have innovative instant water heaters, 1 ½ bath apartments with screened decks. Mr. Sewell indicated that Mayor Potter realized the great number of fine buildings brought to Tiffin. Mr. Sewell also indicated that he was one of the first to support low-income housing for seniors, and had started a petition that the city clerk knew about. Now Mr. Sewell believes that these 24 units could be used for senior housing in Tiffin. Clerk Reihman asked what Mr. Sewell was referring to with senior housing. Mr. Sewell explained that this is everything he owns, and that he has brought a lot of tax base to the City of Tiffin and that he is asking for no special favors. This was something the building inspector had approved for construction and the responsibility was with Mr. Schott for failing to see that the line was not correct.