DRAFT
Board of Zoning Appeals Meeting Minutes
October 10th, 2002
DRAFT
CALL
TO ORDER:
Robert Bender, Chairman
ROLL
CALL:
Robert Bender, Pat Cain,
Cherry Linder, and Joe Thompson were present. James Rinehart was absent.
Minutes:
Motion
by Pat Cain to approve the minutes of
September 12, 2002.
The motion was seconded
by Cherry Linder.
Roll Call
Joe Thompson - yes
Cherry Linder -
yes
Robert Bender -
yes
Pat Cain -
yes
The motion was approved.
Motion by Pat Cain, 2nd
by Joe Thompson to approve as written, Resolution 2002-600,
regarding Karen Taylor Salon & Spa. On roll call, all voted yes.
Motion by Pat Cain, 2nd
by Cherry Linder to approve as written, Resolution 2002-615
regarding Northern Hills Synagogue. On roll call, all voted yes.
Motion by Pat Cain, 2nd
by Joe Thompson
to approve as written, Resolution 2002-621 regarding the Dester Jeffers
case. On roll call, all voted yes.
Robert Bender swore in the
persons in the audience who would be giving testimony. He also explained the
procedure of the meeting.
Robert Bender said the 2 cases,
2002-694 and 2002-693, BP Exploration and Oil Company sign variance cases have
decided not to present their cases tonight. They have asked for their cases to
be continued to the next regularly scheduled meeting.
CASE:
2002-0601 8350 & 8356 Snider Road, 20.676, Conditional Use,
Deerfield Township
Zoning Resolution, Section 10.04, Cincinnati Hills Ball Fields
Staff Findings
Jenny Kaage, went
over the Staff recommended 14 conditions. She said #1, 2, and 3
are standard recommendations. Pat Cain said that Condition #5 refers to
a fence and he thought the
residents would want to go to the park from their
homes. The fence would not
allow that. Jenny said she went to two meetings with the residents and most of
them do not want access to the fields. On Condition #7 regarding parking
spaces, Robert Bender asked Jenny if the 238 parking spaces are adequate and
Jenny said yes. She said she determined parking needs from Cottell Park. Pat
Cain asked if they have a sign plan. Jenny said they must get a sign permit and
adhere to Condition #8 on signage. Pat Cain asked Jenny how many homes were
represented at the neighborhood meetings and Jenny said about 20 homes. Pat
Cain asked if access drives were discussed. Jenny said one drive is gated now
and later both will be gated. Jenny said it will be built in 4 phases. Robert
Bender closed this portion of the meeting and asked for the proponent to come
forward.
Proponents
Michael Bell, Facilities Manager of CHCA,
790 Indianwood Drive,
came
forward. Pat Cain asked
about the four phases. Mike Bell said eventually the
whole facility will be
fenced and gated. Robert Bender asked when will the
project be finished and Mike
said 18 months but the gates could be installed in
Phase 1. Cherry Linder
asked what is the time frame of the privacy fence. Mike
said that will be in Phase
1. Cherry Linder asked if the gate on the north side will
be a crash gate to be
removed by the DTFR in an emergency. Robert Bender
said the DTFR would review
and approve the plans. Mike Bell said if DTFR
requires it, CHCA will do
it. Robert Bender asked about security lighting. Mike
said the lighting would be
enough so that if the WCSO drives by, the officer
could see any intruders.
Pat Cain asked if there would be any community use of
this property. Mike said
the school would be using the fields most of the time and
Mike doesn’t foresee any
time that there would be free time for others to use the fields. Once in a
while something special may come up. Cherry Linder wanted to know more about the
phases.
Bob Garlock, Bayer Becker
Engineers, 6500 Tylersville Road, Mason, Oh
45040,
said there are 4 phases.
1)
Parking Lots & Detention Basin
2)
Remaining Practice Fields (2004)
3)
Construction of the Concession Stand & Maintenance Building
4)
If and when Natorp’s is developed, they will give us a complete buffer
along that south property line. There is a natural tree line.
Pat Cain said he wants gates
on the driveways in and out of the property. Robert Bender asked for a
representative of the Homeowners Association come forward and explain what
happened at the meetings.
Elaine
Elko, 8303 Cora Court,
said that all the
homeowners were notified through the HOA newsletter but only the ones whose
property was adjacent to the vacant field came to the meetings. She felt that
most came. She doesn’t like the closeness of the driveway to the homes. She
was concerned that on Condition #5 it says the “fence may be
located up to 10 feet off the common property line.” She said that she doesn’t
want the 3 special events a year. Jenny Kaage said the plan they are looking at
is not the final plan. Robert Bender said he wants to see a final site plan.
There was discussion on not having a final site plan to view and having a
special meeting.
Robert Bender made a motion
to continue this case #2002-601, and have a special meeting October 24, at 6:30
PM provided the staff has a final site plan. Pat Cain seconded the motion and
the vote was as follows:
Robert Bender
- yes
Pat Cain
- yes
Joe Thompson
- yes
Cherry Linder
- yes
The motion was approved.
CASE
2002-684 David & Sarah Klein, 2533 Western Row Road,
Swimming Pool in Side Yard, Variance to Chapter 25.12, Paragraph B
Staff Findings Jenny
Kaage read the four staff findings as follows:
1)
The proposed pool location complies with all regulations of the
Deerfield
Township Zoning
Resolution, except for Section 25.12, Paragraph B,
whereby detached
accessory uses are not permitted in the side yard.
2)
A fence shall be installed at the time of construction of the pool,
around the entire pool and spa area, in compliance with Section 25.09, Paragraph
A, Subparagraph 2.
3)
The proposed accessory use shall not extend beyond the front line of the
existing residence, into the front yard area.
4)
No neighboring property owners expressed opposition to this variance
request.
Proponent No
representative for this case was at the meeting.
Public Comments Roger Dick,
2531 Western Row Road, asked about the height of the fence since there
are children near by. The requirement is 4 feet high. Robert Bender asked Mr.
Dick the location of his property. He has a driveway of a flag lot between his
lot and the Kleins. Mr. Dick knew some of the measurements of this lot and said
the pool would be at least 1012 feet from Western Row Road to the back of the
Klein’s lot. Roger Dice said there is a large mound separating this house from
the Windsor Park Subdivision. Mr. Dick did not think the pool would be visible
from the street. Pat Cain and Joe Thompson did not think the Warren County
standard of 48 inches for the fence was too low on Condition #2.
Motion Pat
Cain made a motion to approve Case 2002-684 with the four conditions
but changing Condition #2 to increase height of fence to a 6 foot minimum
height. Joe Thompson seconded the motion.
There was more discussion on the motion.
Robert Bender read from the Zoning Resolution the 7 points/reasons to give
(grant) a variance. Cherry Linder asked if she thought there would be a
hardship is this pool is not allowed. Jenny did not know of any hardship.
Roll call:
Robert
Bender - no
Joe Thompson
- yes
Pat
Cain - yes
Cherry
Linder - no
The motion failed and the
case was denied.
Per Robert Bender the
next case is October 24 to continue the Cincinnati Hills Ball Fields case.
Robert Bender asked for any old business. There was none.
ADJOURNMENT
Motion by Pat Cain to adjourn at 8:45 PM. The motion was
seconded by Cherry Linder.
Roll Call
Pat Cain
- yes Joe Thompson - yes
Robert Bender -
yes Cherry Linder - yes
The motion to adjourn was
approved.
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