BZA reviews two homes, one lot applications
May 17, 2022 at 8:58 p.m.
The Franklin County Board of Zoning Appeals (BZA) reviewed two applications for a variance to allow two homes on one parcel at its May 11 meeting.
The first variance application was submitted by Ray Halpin, who wants to locate a trailer next to his home in Metamora to house an infirm relative. BZA chair Paula Keller asked if the dwelling would be temporary or permanent; Halpin was not sure. BZA member Terry Duffy noted the code only allows a second dwelling like this situation if it is a temporary dwelling and suggested the potential for Halpin to split his lot into two separate lots, each with one dwelling.
Duffy made suggestions of different options to consider in splitting the lot into two, noting his concern about granting variances for second homes instead of finding a solution in-line with the zoning code. BZA member David Mannix agreed with Duffy’s concerns, noting Halpin’s lot is of sufficient size to split. Keller referenced the zoning code’s permitted use for housing an infirm relative in a temporary second dwelling. He noted the code does not define temporary and cited cases where the temporary use lasted for several years, suggesting the BZA could require an annual statement to Franklin County Area Plan director Cindy Orschell the second dwelling is still in use as approved and requiring removal of the dwelling once the approved temporary condition ends or the property is sold.
Halpin was amenable to the conditions associated with the temporary, medical use. Mannix made a motion to permit the temporary use of a mobile home on Halpin’s property with a requirement for an annual check-in with Orschell and removal of the mobile home upon when the use is no longer required, Duffy seconded the motion and the board voted to approve.
A second variance for two homes on a single lot was presented by Richard Orr, who wants to build a livable space in an outbuilding behind his home in Oldenburg. Orr explained he has 21 grandchildren and plans to use the outbuilding apartment himself when family comes to visit. Keller noted the Town of Oldenburg had granted Orr approval for the project.
Keller asked about the utilities present at the property. Orr replied the property is on city water and sewer and is already present in the building, which had formerly been used as a dog kennel. Mannix suggested splitting the parcel into two, which would make the use consistent with zoning code requirements. Due to the layout of the property, Orr was hesitant to split the lot and would prefer to seek the variance.
Duffy inquired further into Orr’s planned use of the structure. Orr explained when family comes to visit, they can take over the house and he’ll retreat to the planned apartment. Duffy noted while the application specifies a residence, it will not technically be used as a residence, but as a guest apartment. Mannix proposed finding a permitted additional use Orr’s planned apartment would fit into, which would not require a variance.
Duffy noted the board is generally against putting two residences on a single parcel, but noted the intended use is not necessarily a residence. He asked BZA legal counsel Tammy Davis about the potential to place a series of conditions on the variance. Davis replied conditions are likely needed to ensure it does not become two residences.
Duffy asked Orr if he was amenable to added conditions on the approval; Orr was hesitant. Mannix explained the board needs to consider the long-term impact of allowing the variance, which could potentially end up with three residences on a single lot.
Mannix returned to his suggestion of splitting the parcel into two lots, which Orr said he would accept if it was the only solution. Discussions into how to split the parcel became difficult when reviewing the odd layout of the site, which is comprised of three small parcels and one large parcel all accessed through four driveways, due to the variety of uses the property has fulfilled over the years including a gas station, feed store and the previously mentioned kennel.
After further discussion, the BZA determined to permit the use as an additional use, meaning it is not used as a full-time residence. Orr had voiced concern about the potential for one of his grandchildren to move in at some point in the future; the board replied if that happens, he will be required to perform the parcel split at that time.
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The Franklin County Board of Zoning Appeals (BZA) reviewed two applications for a variance to allow two homes on one parcel at its May 11 meeting.
The first variance application was submitted by Ray Halpin, who wants to locate a trailer next to his home in Metamora to house an infirm relative. BZA chair Paula Keller asked if the dwelling would be temporary or permanent; Halpin was not sure. BZA member Terry Duffy noted the code only allows a second dwelling like this situation if it is a temporary dwelling and suggested the potential for Halpin to split his lot into two separate lots, each with one dwelling.
Duffy made suggestions of different options to consider in splitting the lot into two, noting his concern about granting variances for second homes instead of finding a solution in-line with the zoning code. BZA member David Mannix agreed with Duffy’s concerns, noting Halpin’s lot is of sufficient size to split. Keller referenced the zoning code’s permitted use for housing an infirm relative in a temporary second dwelling. He noted the code does not define temporary and cited cases where the temporary use lasted for several years, suggesting the BZA could require an annual statement to Franklin County Area Plan director Cindy Orschell the second dwelling is still in use as approved and requiring removal of the dwelling once the approved temporary condition ends or the property is sold.
Halpin was amenable to the conditions associated with the temporary, medical use. Mannix made a motion to permit the temporary use of a mobile home on Halpin’s property with a requirement for an annual check-in with Orschell and removal of the mobile home upon when the use is no longer required, Duffy seconded the motion and the board voted to approve.
A second variance for two homes on a single lot was presented by Richard Orr, who wants to build a livable space in an outbuilding behind his home in Oldenburg. Orr explained he has 21 grandchildren and plans to use the outbuilding apartment himself when family comes to visit. Keller noted the Town of Oldenburg had granted Orr approval for the project.
Keller asked about the utilities present at the property. Orr replied the property is on city water and sewer and is already present in the building, which had formerly been used as a dog kennel. Mannix suggested splitting the parcel into two, which would make the use consistent with zoning code requirements. Due to the layout of the property, Orr was hesitant to split the lot and would prefer to seek the variance.
Duffy inquired further into Orr’s planned use of the structure. Orr explained when family comes to visit, they can take over the house and he’ll retreat to the planned apartment. Duffy noted while the application specifies a residence, it will not technically be used as a residence, but as a guest apartment. Mannix proposed finding a permitted additional use Orr’s planned apartment would fit into, which would not require a variance.
Duffy noted the board is generally against putting two residences on a single parcel, but noted the intended use is not necessarily a residence. He asked BZA legal counsel Tammy Davis about the potential to place a series of conditions on the variance. Davis replied conditions are likely needed to ensure it does not become two residences.
Duffy asked Orr if he was amenable to added conditions on the approval; Orr was hesitant. Mannix explained the board needs to consider the long-term impact of allowing the variance, which could potentially end up with three residences on a single lot.
Mannix returned to his suggestion of splitting the parcel into two lots, which Orr said he would accept if it was the only solution. Discussions into how to split the parcel became difficult when reviewing the odd layout of the site, which is comprised of three small parcels and one large parcel all accessed through four driveways, due to the variety of uses the property has fulfilled over the years including a gas station, feed store and the previously mentioned kennel.
After further discussion, the BZA determined to permit the use as an additional use, meaning it is not used as a full-time residence. Orr had voiced concern about the potential for one of his grandchildren to move in at some point in the future; the board replied if that happens, he will be required to perform the parcel split at that time.