DRAFTBoard of Zoning Appeals Meeting Minutes
November 14th, 2002 -
Regular Meeting
CALL TO
ORDER:
Robert Bender, Chairman
ROLL
CALL:
Cherry Linder, James
Rinehart, Robert Bender, and Joe Thompson were present. Pat Cain was absent.
Township Attorney, Doug Miller was also absent but Attorney Ron Butler was here
in his place.
Minutes Minutes of BZA Meeting of
October 10, 2002
Discussion and Recommendation
Motion to approve 10/10/02
meeting minutes, Robert Bender 2nd
Cherry Linder
Roll Call Joe
Thompson yes
James
Rinehart abstained
Cherry
Linder yes
Robert
Bender yes
The motion was approved.
Minutes of BZA Meeting of
October 24th, 2002
Discussion and Recommendation
Motion to approve 10/24/02
meeting minutes, Robert Bender 2nd
Cherry Linder
Roll Call Joe
Thompson yes
James
Rinehart yes
Cherry Linder
yes
Robert
Bender abstained
The motion was approved.
Robert Bender “swore in” the
persons who were planning to give testimony or comments. He also reminded the
audience of the way the meeting is to be ran.
CASE:
2002-601 8350 & 8356 Snider Road, 20.676, Conditional Use,
Deerfield Township
Zoning Resolution, Section 10.04, Cincinnati Hills Ball Fields
Motion
Robert Bender
immediately made a motion to decline Resolution 2002-601,
the resolution that approves
the CHCA for conditional use.
He has several reasons (see attached). 1) Robert Bender said that on September
12, 2002, the first meeting on this case was held. He said the case was held in
standard format. At this meeting the public was allowed to give testimony. The
public testimony portion was closed. 2) At the October 10th meeting
the public was not allowed to testify since the public portion of the case was
closed after the testimony at the previous meeting. 3). At the third meeting
on this case, October 24th, public testimony was allowed but there
had been no mailing prior to this meeting to notify the surrounding residents
and Mr. Bender was concerned that proper procedure was not followed.
Jim Rinehart seconded
the motion.
Attorney, Rob Butler, said
this case can still be continued. Robert Bender said they should re-apply and
start this case all over again to make sure we are following proper procedure.
Cherry Linder asked how many opportunities at meetings has the public had to
speak. Robert Bender said 2 times. Cherry asked Jenny Kaage how many times she
met with the residents not including the regular BZA meeting. Jenny said she
went to two homeowner association meetings. Cherry said those who were
interested came. Cherry said the residents have had ample opportunities to
speak. She said this board hasn’t heard anything new. Cherry said even if
they were notified they would have said the same things. Cherry said that Doug
Miller said we were allowed to re-open the public testimony, as we did. Tim
Hershner said we might as well dispense with the original hearing and all
information will be new. Cherry Linder is it fair to the applicant to make them
wait another month. Jim Rinehart suggested there might be a question that
everyone be notified. Tim said every time we do a mailing, we get some mail
back. Tim said we should waive any fees to CHCA this time. Robert Bender asked
for role call on the motion and second.
Roll Call
Cherry Linder
yes
Joe Thompson
yes
James Rinehart
yes
Robert
Bender yes
The motion was approved.
CASE:
2002-694 BP Exploration & Oil Company,
9855 Mason-Montgomery Rd,
Signage
Variance to Chapter 22
Staff Report
Jenny Kaage said
that due to receiving the proposal late she doesn’t have a Staff Report or
recommendation. Robert Bender said we could allow the proponent to present his
case. Rob Butler said that this case should be continued since the information
from the applicant has changed.
Motion Robert Bender made a motion
to continue Case 2002-694 at the next meeting.
Cherry Linder
seconded the motion.
Roll Call
Robert Bender
yes Joe Thompson yes
James Rinehart
yes Cherry Linder yes
The motion was approved.
Rick Self, Pittsburg, PA, BP
Representative,
explained that his company
just recently gave him this case and he is not prepared to present anything to
the board at this time.
Robert Bender made a motion
to continue Case 2002-693 at the next meeting.
Cherry Linder
seconded the motion.
Roll Call
Joe Thompson
yes
James
Rinehart yes
Cherry Linder
yes Robert Bender yes
The motion was approved.
CASE: 2002-752 Taco
Bell, 5418 Kings Center Way,
Sign Variance to Chapter 22 for
Pylon Sign
Staff Report
Jenny Kaage explained
location of the proposed sign and said the current sign was
damaged from high winds and
since the sign was old, they could not repair it. The
sign must be replaced with a
new one. The old sign was installed under Warren
County Zoning but now under
Deerfield Township Zoning the code is more
stringent. Ruby Tuesday and
Outback nearby this location were allowed to have
pylon signs. There were
several other signs on the property and Jenny described
them. Jenny said the zoning
department recommends denial of this pylon sign.
Board Questions
Cherry Linder asked how tall a mid-rise sign is. Tim Hershner said it is about
20-25
feet. There was discussion on
the several signs Taco Bell has on their property.
Robert Bender asked the
proponent to come forward.
Proponents
Bob Schneider, Tri-State
Signs, came
forward and said he is doing the work for the owner. He said he was surprised
to learn this application was suggested to be denied by the staff. Robert
Bender excused himself, stating that he just realized that his company does
business with this sign company. Mr. Rinehart said he would take over. Mr.
Schneider said this 80 foot sign is an old sign which has been there for
several years and it needed repaired. He said due to the age of the sign, it
could not be refaced. He said Tri-State took this job thinking it would be “cut
and dried.” Mr. Schneider said that 1 hour before the meeting a fax was
received and he learned this case was recommended by the staff to be denied.
Todd Wilbur, 8667 Rockfarm
Drive, West Chester, 45069,
said he operates Taco Bell Restaurants, and he said that he attended Deerfield
Township Zoning Meetings for Ruby Tuesday and Outback, which both have high
pylon signs. Mr. Wilbur said that with his other restaurants he has worked
with West Chester Township and Sharonville, and had no problems. He said his
sign has been sitting on the ground for 6 months. He said the face on this
pylon is 23 square feet smaller than the previous sign. He said the billboard
sign on this property was put in there a few years to help out Deerfield
Township. The township put that sign there. Mr. Wilbur said he is very
frustrated. He said the first staff finding is “no hardship.” He said when
Kings Island is open they make money but when it is closed they do not. He
said the billboard sign there was put there because the Deerfield Township asked
him to put it there. He said he thought that sign was there to help Deerfield
Township and should not affect the total signage on his property. He said that
this sign doesn’t make money for him and he could show them the records to prove
it. Jim Rinehart asked for board questions.
Board Questions
Joe Thompson
asked what is on the billboard sign? Mr. Schneider said it is for advertising
and there are several different companies on the sign. Mr. Rinehart asked him
if it would cost him money to advertise on the billboard and he said it would.
Cherry Linder said the Deerfield Township Staff has been great and they do get
paper work to her on time. She wondered what happened to make him have the bad
attitude on the staff report and the recommendation for denial. Jenny explained
what happened. She said the applicant’s name was not on the notification list.
There was discussion on the procedure to notify the applicant of the meeting and
staff report. Jim Rinehart asked Jenny if the staff ever sits down with the
applicant to let them know about the staff report. Tim said sometimes that is
done. Cherry Linder asked Mr. Wilbur how much money he gets from the rental of
the billboard. Mr. Wilbur said somewhere between $4000 and $5000 per year.
Cherry asked him if he is sorry the billboard is there. He said he would like
to have it removed if it adds to the amount of signage on his property, which
makes the zoning department not want to allow his pylon sign to be put back
where it was previously. Mr. Schneider said the owner of the billboard is the
one who makes more money on it. Jim Rinehart closed this part of the meeting.
Jim Rinehart talked with Tim
about the other signs on the property and signs at Ruby Tuesday and Outback,
which are near Taco Bell. Mr. Wilbur said the pylon sign is the most important
sign to him. He said he would be willing to negotiate the
wall signs in order to keep
the pylon. Cherry Linder said the applicant should meet with the zoning
department to work things out. Mr. Rinehart said the board expects the staff to
stay with the code and it is up to the board to work with the code to come up
with a final decision. He said the pylon sign was allowed under the Warren
County Zoning previous to Deerfield Township Zoning. Rob Butler said we should
discuss and try to come up with a resolution. Joe Thompson said all the
applicant wants is to replace the 80 foot sign. Joe said all those signs have
been there for 5 years. Mr. Rinehart said once this sign came down it became a
new application to replace a sign which is not in compliance. Rob Butler said
you cannot replace a “non-conforming use” with another “non-conforming use.”
Mr. Rinehart recommended tabling this case and allowing the staff to “work this
out.” Tim said it is not necessarily “work this out,” but the staff can review
the Ruby Tuesday, Shell, and Outback sign cases. Tim said this way there would
be more information to pull from. Cherry Linder said that she should make a
motion to continue this case until the next meeting, December 12th
and that would allow the staff to review the previous cases. Mr. Schneider
spoke up and said he would compromise. He wants the case done since this sign
has been sitting on the ground for 6 months. Tim said the board could go by the
ruling made previously on the Ruby Tuesday sign. There was more discussion.
Cherry Linder asked Mr. Schneider to come back to answer questions in the sign.
Mr. Schneider said he would like to have resolution on this tonight. Mr.
Schneider said there is no change in height. It is 65 feet tall plus the sign
making it 80 feet tall. Cherry Linder asked him the value on the pole and
sign. Mr. Schneider said a new pole would cost around $23,000 and the sign face
would be around $15,000.
Attorney, Rob Butler, said
the Deerfield Sign Code 22.14 and 22.15 B applies to non-conforming. He quoted
22.15B, “Signs which are no longer functional, are abandoned, or have
been damaged to more than 50% of its replacement value, shall be removed or
relocated in compliance with the provision of this Resolution, within thirty
(30) days following such malfunction or abandonment.” Tim said what
about when there is a face change, they must come into compliance according to
22.14? Tim said our challenge is to enforce the code. Tim asked if it would be
appropriate for the board to dismiss the case based on 22.15B in the code?
Motion
Jim Rinehart
made a
motion to dismiss this case based on 22.15B in
the code.
Cherry
Linder
seconded the motion.
Roll Call
Joe Thompson
yes James Rinehart yes
Cherry Linder
yes Robert Bender yes
The motion was approved
Rob Butler said there should be
some evidence of the cost since in the testimony amounts have been quoted.
Cherry Linder said she has experience along those lines.
OLD BUSINESS
NEW BUSINESS
Robert Bender
requested a work session for this board. He wanted a work session which would
reinforce the purposes, responsibilities, and jurisdiction of this board. He
would like to have that take place before the next meeting in December. Tim
suggested that this meeting be on December 12th, 1 hour previous to
the regularly scheduled meeting. There was discussion on the reasons this
workshop is needed.
Tim said the staff will put
something together on this. Jim Rinehart said he didn’t think and hour before
the meeting would be sufficient. Tim said this would be a start. Jim asked if
this would have to be an open meeting. Tim said he thought so. Jim said we
could do this on a Saturday for a couple hours. Tim asked if a separate meeting
should be scheduled. Bob said that would be fine. Cherry said she would not
want a weekend meeting but a separate meeting on a different day.
ADJOURNMENT
Motion by Robert Bender to adjourn at 9:00 PM. The motion
was seconded by Joe Thompson.
Roll Call
Jim Rinehart
yes
Cherry Linder yes
Robert
Bender yes
Joe Thompson yes
The motion to adjourn was
approved.
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