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Size matters in vote against bus shelter
(by Joan Demirjian - February 16, 2011)
Size matters in vote against bus shelter
By JOAN DEMIRJIAN
The Auburn board of zoning appeals denied an application Feb. 8 for a 162-square-foot square bus shelter in a resident's front yard.
The school-bus shelter for a primary-grade student was built without an application to the zoning department, according to township Zoning Inspector Frank Kitko. It was built along the driveway, but township zoning does not permit structures in front yards, he said.
The board of zoning appeals voted 3-2 against allowing the structure at the Staffordshire Court residents of Drs. Deanne and Frank Costello.
Size was a major issue, Mr. Kitko said.
A zoning variance for the shelter was requested. Zoning board members explained that granting a variance to the structure would stay with the property forever.
Lewis Tomsic, chairman of the board, said the structure is a gazebo with enclosed sides, and it cost $16,837 to build, according to the application information.
The shelter is located 200 feet from the road in the front yard. The house itself is about 400 feet from the road.
The child is walked to the shelter to wait for the bus, Mr. Tomsic said.
He said the owners originally applied for a similar structure and were denied a permit. After being denied by the zoning department for the first structure, the gazebo structure was built anyway, Mr. Tomsic said. It has a heating unit and lights, he said.
The zoning board doesn't want any child standing out in the cold, he said. But if a variance is granted for the structure, it's forever, and the board of zoning appeals cannot place conditions on a variance, Mr. Tomsic said. "We would change the zoning for one bus stop."
If the current owners move, he said he wonders what the next owners might do with it. It is not outside the possibility that someone could live in it, he said.
The owners could appeal the decision to court.
And Auburn Township Trustees could set conditions on the structure. For example, an agreement could be reached to have it removed after a certain number of years.
Mr. Tomsic said the board of zoning appeals has limited authority. "We can only say yes or no, and, if yes, we have to live with it forever. If it goes to a judgment entry, it's a whole different game. The trustees can work them, where we can't," he said.
"As a board, we try to do everything by the book, and we ask for the prosecutor's opinion," he said.
The township has never had an issue involving bus-stop shelters, but, typically, they are small structures near the road and are temporary, Mr. Tomsic said.
There are an estimated six to eight other bus shelters in the township, according to Mr. Kitko. They are around 4 by 5 feet, he said. Some have not been used in several years, and some existed before zoning permits were required, he said.
Mr. Kitko said he may take the topic to the Auburn zoning commission to address.
"We have a lot of homes sitting far off the road," Mr. Kitko said, and the shelters provide a safe place for children to wait for the school bus.
Kenston School Superintendent Bob Lee said school buses do not drive up driveways to pick up any students. Some families use bus shelters at the ends of long driveways for safety concerns, he said.
Auburn is part of the Kenston School District.
South Russell Village does not allow any structures in the front setbacks. However, the village does not require existing bus shelters to be removed, according to the building department.
Russell Zoning Inspector Ric Machnics said school-bus shelters are permitted in his township and are not considered permanent structures. "We recommend they come in and tell us and how long it will be up." He said anything over 80 square feet would not be allowed.
Bainbridge Zoning Inspector Shane Wrench said the township permits bus shelters with regulations. While they can be in the front yard, the owners must file applications to the zoning department, because they are considered structures, he said. They also are considered part of the lot coverage, he said.
The bus shelters are permitted without meeting the regular setback requirements, Mr. Wrench said. They are in the same realm as mailboxes, he said.
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