Vice Chairman Lori Weston called a regular meeting of the City of Washington Zoning Board of Appeals to order at 6:32 p.m. in the Training Room at Fire Station No. 1.

Present for Roll Call were Board members Dick Rich, Steve Scott, Doug Weston and Lori Weston. Members Mike Brownfield and Louis Milot were absent.

Also present was Building & Zoning Supervisor Becky Holmes, City Clerk/ZBA Secretary Carol Moss and Steve Lertzman representing Grand Victorian of Washington, LLC and John Blind

Mr. Rich moved and Ms. Weston seconded to approve the minutes of the April 9, 2008 ZBA meeting, as presented. 
Motion carried unanimously by voice vote. 

CASE NO. 051408-V-1 - request of Grand Victorian of Washington, LLC for a variance in building height requirement for the construction of an assisted living facility at 100 Good Neighbor Drive.

The public hearing was opened for comment at 6:35 p.m. Building and Zoning Supervisor Holmes briefed the Board on what is being requested and told those present that in 2006 the City Council unanimously approved a 12 foot variance in building height for the Supportive Living Facility located at 1110 Newcastle Road. That facility is not contiguous to residential use, but it is surrounded by residential zoned properties, and has residential uses across the street. Steve Lertzman, representing Grand Victorian of Washington, LLC, told those present that this will be an assisted living facility for senior citizens. This development has been before the City Council and an amendment was made to a development agreement. We are here this evening because of some last minute oversights. There is nothing different about the development, elevations are the same, plans are the same, the neighbors have seen all of this before as has the City Council. City Code says that assisted living facilities have a height requirement of 35' and their building at the gables is 43'. This property is zoned C-2 and if there were any development other than an assisted living facility being built here it could be built 60' high, but because it is an assisted living facility height is capped at 35'. The reason the gables are so important is because those gables draw the eye to the corners of the building thus making the building appear shorter. If the gables are shorter, the eyes are drawn to the middle of the building and it will make the building appear higher. They want to avoid that. The taller gables make a much prettier building and more pleasing to the eye. It is going to be much more expensive to go with the 43' high gables but it will look much better. The lower part of the roof is 22' high and from that on up is decoration to make the building look as residential as possible. There has been a lot of architectural detail added to give this as much of a residential appearance as possible. If the height is shaved off, it is going to look like a commercial building. Their burm system will carry the neighbor's storm water into Grand Victorian's drainage system. This facility will not burden the school systems, and they pay property taxes. The interior of this building will be very nice and they want the exterior to be as good as the inside. Board member Scott asked if the main part of the roof is 37' high and Mr. Lertzman replied that is correct, only the gables are 43'. Only 18% of the roof is above the required height.

John Blind, Chestnut Lane, asked if this is something that snuck up on the petitioners and Mr. Lertzman replied it is. B&Z Holmes explained that it snuck up on her also. Mr. Lertzman explained that the average height of the building is 32'. B&Z Supervisor Holmes explained that the City Zoning Code differs from the Building Code, and the building height was just something that slipped by.

The public hearing was closed at 6:55 p.m.

Mr. Rich moved and Mr. Weston seconded to recommend the City Council approve the request granting an 8' building height variance for Grand Victorian of Washington LLC, for the construction of an assisted living facility at 100 Good Neighbor Place for the construction of a 2-story building with gables rising to 43'.

Findings of Fact - The Board found that application was made by the owners of the property located at 100 Good Neighbor Place; proper fees were paid; property is zoned C-2; applicant requests a building height variance to construct an assisted living facility with gable ends being a height of 43'; public hearing held on Wednesday, May 14, 2008 after proper notice was given and notice of the public hearing was published as required; all person were given an opportunity to be heard at the public hearing; there were no registered Interested Parties; there were no objections to the granting of the variance; property cannot yield a reasonable return because if roof height is diminished the building will look just like another commercial building, but with the additional roof height the building will keep its residential appearance; plight of the owner is due to unique circumstances because they want to maintain the residential appearance rather than a commercial look (they could build a facility with a 35' building height but they choose not to because of aesthetics); the variance if granted will not alter the essential character of the locality because it will fit with the architecture of the residential neighborhood.

On roll call the vote was: 
Ayes: 4 Scott, Doug Weston, Rich, Lori Weston 
Nays: 0 
Motion declared carried.

There was no additional business and at 6:56 p.m. Mr. Rich moved and Mr. Weston seconded to adjourn. 
Motion carried unanimously by voice vote.

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