DRAFTBoard of Zoning Appeals Meeting Minutes
July 10th, 2003 -
Regular Meeting
CALL TO ORDER: Cherry
Linder, Chairman
ROLL CALL:
James Rinehart, Cherry Linder, Robert
Bender, Pat Cain, and Mark Pyles were present. Alternate member Brian Leary was
in attendance, as was Doug Miller, Law Director.
MINUTES:
Minutes Board of Zoning Appeals,
June 12th, 2003
Discussion
& Recommendation
There was a motion by Pat Cain to approve the minutes of
June 12, 2003, as written. There was a second
by Robert Bender.
Roll Call
Mark Pyles-yes, James Rinehart-yes,
Cherry Linder-yes, Robert Bender-yes, and Pat Cain-yes
The motion was approved.
Resolution
CASE 2003-272 2456
Western Row Road, permitting a
variance to allow detached garage in the side yard, Glenn & Donna Williams
Mark Pyles stated that these minutes are
approved for content.
There was a motion by Robert Bender to approve
Resolution 2003-272 as written and there was a 2nd by Mark Pyles.
Roll Call
James Rinehart-yes, Cherry Linder-yes, Robert Bender-yes, Pat Cain-yes, and Mark
Pyles-yes.The motion was approved.
Resolution
CASE 2003-273 5787
Maxfli Lane, Greens @ Crooked
Tree Subdivision, allowing a variance to the setbacks of the side yard, Dixon-Byington
Development
There was a
motion by Robert Bender to approve Resolution 2003-273 as written and there was
a 2nd__by Jim Rinehart.
Roll Call
Cherry Linder-yes, Robert Bender-yes, Pat Cain-yes, Mark Pyles-yes, and James
Rinehart-yes
The motion was
approved.
Resolution
CASE
2003-274 1826 Church
Street,
Conditional Use, Farmer’s Market, Denied.
There was a motion by Mark Pyles to approve
Resolution 2003-274 as written. There was 2nd by Cherry Linder.
Roll Call
Robert Bender-yes, Pat Cain-yes, Mark Pyles-yes, James Rinehart-abstained, and
Cherry Linder-yes
The motion was
approved.
Cherry Linder
Ms. Linder did a swearing in of those who will
be giving testimony.
CASE 2003-328
9980 Kings Automall Drive, Requesting a
Variance to Allow a Wall Sign for Tower Grill which exceeds the Maximum
allowance of 30 Square Feet, Owner is SSC Properties Kings Mall, LLC.
DRAFT COPY
Staff Presentation Tim
Hershner gave the staff report. He described the tenant space in the Kings
Automall and said it is zoned General Business. He said the prior sign was 65
square feet which was under Warren County Zoning guidelines. Mr. Hershner
reminded the board that this is the same shopping center where this board
allowed Penn Station to put in a sign. The primary argument was that they would
becoming into greater compliance. Tim said in that particular case they were in
lesser compliance than this case. This provides for a 12% reduction in size.
Staff supports their request. Cherry Linder asked for board questions for the
staff. There were none. Ms. Linder asked the proponent to come forward.
Proponent
Russell Browning,1070 Cooks
Drive, said this Tower Grill is
a family owned business and they are heavily dependent on the sign to draw
business. Ms. Linder asked him is there is a banner there now. Mr. Browning
said yes there is a banner there now. Ms. Linder asked for any public
comments. There were none. She closed the open portion of the case.
Discussion/Recommendation
Cherry Linder said they seem to be reducing
their size. Pat Cain asked what was in there before. They said Buffalo Wings
was there before. Robert Bender asked Tim about the Penn Station sign. Tim
said this is in keeping it under what the staff recommends. Pat Cain asked Mr.
Browning about the background of the sign. He said they are individually mounted
channel letters. Ms. Linder asked if it is neon. He said the letters are clear
with colored lights in each letter. Mr. Browning said it is red and black.
Mark Pyles asked Tim about the code. Tim said they hope to gradually get all
the signage into compliance with the code.
There was a
motion by Pat Cain to approve Resolution 2003-328, regarding the property at
9980 Kings Automall Drive, per the staff recommendations. There was a 2nd_by
James Rinehart.
Roll Call
James Rinehart-yes, Cherry Linder-yes, Robert Bender-no, Pat Cain-yes and Mark
Pyles-yes
The motion was approved.
CASE 2003-352
5755 Fawn Run Drive, Requesting a Variance to
Allow a Home Occupation of Teaching Swimming Lessons, owners are Mr. & Mrs.
Mark Sullivan
Staff Presentation
Tim Hershner said the property is
located in the Deer Run Subdivision. All surrounding lots are zoned Residential
Single Family. Mr. Hershner said a complaint was filed April 28th
concerning the extra traffic and parking problems from swimming lessons being
conducted in the neighborhood. There was a second complaint on June 12th
concerning public swimming lessons that are advertised on a website which create
traffic problems. Mr. Hershner said in the zoning code Home Occupations should
be wholly conducted within the dwelling. The occupation must not exceed 25% of
the property. Mr. Hershner quoted the Sullivan’s website that said the classes
are offered for 28 days. Mr. Sullivan has been teaching lessons in his backyard
swimming pool for 5 years. Mr. Hershner gave Mr. Sullivan’s credentials. The
Deerfield Township Zoning Staff person, Jenny Kaage, observed the lessons on
June 26th, and did an analysis during the hours of 3:20 PM to 4:00
PM. At 3:20 there were 10 cars parked. At 4:00 there were 9 cars. Several
students walked or rode their bikes. It was dead end street. The backyard and
pool area is fenced in with a split rail fence and pet guard. There were
approximately 20 children in the backyard and 10 parents or adults. The
variance request does not meet any of the standards of Section 6.06 Subparagraph
D. He said the board can approve, approve with modifications, or deny this
case.
Mr. Hershner showed photos of the pool,
parked cars, and several different views of the property. Ms. Linder asked why
the neighbors didn’t complain before this year. Mr. Hershner said they were
unaware that there is a rule forbidding this type of business in Residential
Single Family zoned neighborhoods. Jim Rinehart said since the zoning in the
township has had more publicity, that has prompted people to be more aware of
zoning rules. Robert Bender asked for a slide which would show the neighborhood
and where persons live when they come up to speak. Brian Leary asked if there
are emergency vehicle access concerns. Tim said Jenny Kaage had difficulty
driving around the parked cars. Mark Pyles asked if there is a designated fire
lane there. Tim said there is not one. But if there was one it would be the
lane in on the side where the fire hydrants are located. Ms. Linder asked the
proponents to come forward.
Proponent
Mark Sullivan,
5755 Fawn Run Drive,
thanked the board for hearing this case. He
said he was ignorant of the Home Occupation Permit requirement. He stated that
he has been doing this for 5 years. He said he formerly taught swimming at
Sycamore Schools but now has taken a position at Mason Schools. He described his 4
sessions and the lessons. He said it is primarily for the neighborhood. He
asked if the variance was approved would any other business be allowed on the
property. Tim said if the variance is granted, that is the only type of
business which would be allowed there. He asked will this variance remain with
the property. Doug Miller said, “Yes it would.” He asked if that variance
would affect the property values of the surrounding property owners. The board
said they did not know that.
Kevin Wittman, 9503 Fox Run Drive,
said his children have taken
lessons there for 5 years. He said people park at this stubbed off street even
when there are no swim lessons going on so you can’t blame these lessons for all
those parked cars.
DJ & Melissa Izworski, 5739 Fawn Run
Drive, live next door to the Sullivan’s and are
teachers and their daughter takes lessons from
Mr. Sullivan. She said persons who go to the lessons are respectful to the
neighborhood. She said this service is an asset to the community. Robert
Bender asked if there are sidewalks and Tim said there are sidewalks on one side
of the street.
Sue Poff, 9678 Fox Run Drive,
said she has 2 children taking swimming lessons from Mr. Sullivan and she
thoroughly loves it. She likes the Sullivan’s website.
Jenny Scharner, 9602 Fox Run Drive,
said she has 3 children who play
outside all summer and she lives on the side without the sidewalk. She has no
worries about the traffic from the swim lessons and the safety of her children.
Teresa Geiger, 9639 Fox Run Drive,
said she feels these swim lessons
are a service to the community.
Terri Lacca, 5937 Farm Field Drive,
said there are no traffic
problems and Mr. Sullivan makes sure the children are quiet.
Jeff Carter, 5937 Deer Run Drive,
said he did the website for the
Sullivan’s and it is non-commercial.
Laura Giesel, 9646 Fox Run Drive,
has 3 girls and explained how Mr.
Sullivan did an exceptional job teaching swim lessons to her very sensitive
daughter.
Lisa Ziegler, 5925 Deer Run,
said she is a walker, and from her
observations, no one drives fast.
Christina Lederle, 6537 Hawk Court,
Montgomery Farms, said she did
not live in the neighborhood but said Mr. Sullivan does a wonderful job.
Angela Ripple, 8372 Timber Lane,
explained some difficulties with her son
and how Mr. Sullivan was able to teach him to swim.
Pam Randall, 8537 Charleston Valley
Drive, said her children have been taking
lessons for 4 years and the Sullivan’s are
“giving back” to the community.
Sandy Tomlin, 5725 Fawn Run Drive,
said she can see into the
Sullivan’s back yard from her house and the swim lessons and noise do not bother
her. She said there are no parking problems.
Michelle Weilkert, 9558 Fox Run Drive,
said she works and it is very
convenient to have lessons in the neighborhood. Her babysitter walks her
children over to the Sullivan’s for lessons.
Trish Knapke, 5760 Farm Field Drive,
said she drives to the lessons and the quality of the teaching is remarkable.
Lou Ann Leach, 9572 Fox Run Drive,
said that this is a service to
the community.
Emily Kelly, 5486 Old Farm Drive,
said that Mr. Sullivan’s lessons
are superior to others but his prices are reasonable.
Tammy Marvin, 4477 North Mallard Cove,
said Mr. Sullivan works with children very well.
Andrea Boden, 8410 Timber Lane,
explained the fees at the Mason Public
Pool and that their instructors are not very good. She said Mr. Sullivan’s
prices are good and he is a good instructor.
Nancy Costel, 9515 Fox Run Drive,
said the Sullivan’s should be allowed to continue their business in their home.
Janet Tyler, 8525 Charleston Meadow
Drive, said this business is a valuable asset to
the neighborhood.
Dominic & Steve Swigert, 9531 Fox Run
Drive, said they are supportive of the
Sullivan’s and that the Sullivan’s are an asset to the community.
Rich & Sandy Tomlin, 5725 Fawn Run
Drive, asked if this proposal is just for the
Sullivan’s property and whether this will set a
precedent. Tim said others could have swim lessons in the neighborhood.
Tim Hershner read some letters and e-mails as
follows:
Pat Morgan, 5803 Fawn Run
Drive,
said parking is a problem but noise doesn’t bother them but they were concerned
about property values. Daren & Julie Morris, 9655 Fox Run Drive
sent a letter in support of the Sullivans. Nancy & George Hostel, 9515
Fox Run Drive, said there is not much noise, and the traffic is not
noticed by them. Janet Tyler, 8525
Charleston
Valley Drive,
sent a letter of support. Dave &
Carol Fremgen, 5819 Fawn Run Drive, said he does not want this business in
his neighborhood due to all the cars. There was
a petition with 13 signatures some being couples who are against this business.
There was another petition attached with 4 signatures saying home businesses are
not good. Cherry Linder closed this portion of the meeting and asked for the
public to come forward and express their views.
Public Comments
Gil Gieger, 5769 Fawn Run Drive,
said that he knows that Mark is a
great swim coach. He said that in a neighborhood, this should not be going on.
He said it is not about the swim lessons. It is about the traffic. He says the
children get to go back home everyday but he can’t go home and he must listen to
the noise. He said a home occupation should be inside, not outdoors. He likes
kids and he likes the Sullivan’s. Robert Bender asked him how long he has lived
there and Mr. Gieger said 13 years. Cherry Linder asked him if parking is an
issue. He said the parking bothered him when he tried to back out of his
driveway, but since his complaint the swimming customers have been parking on
the other side of the street. He said the noise is worse than the parking. He
said some children come to the lessons by themselves. He showed a map with
marks indicating the neighbors who are opposed and most of them lived very close
to the Sullivan’s. Some people think that this is only 3 or 4 hours a day but
they don’t live this close. Brian Leary asked him why he put up the privacy
fence. He said ever since the pool was put in he wanted visual screening with a
privacy fence. There is a slope to the yard so the pool is viewed from his
yard. He said he asked the Sullivan’s to help pay for the privacy fence but
they wouldn’t. He already had the split rail fence. Mr. Leary asked him what
is the earliest date Mr. Gieger talked to Mr. Sullivan about the fence. Mr.
Gieger said when they put the pool in, he talked to them about a privacy fence.
Verna Lykins, 5816 Timber Rail,
said the traffic does not bother her because she doesn’t live that close but the
noise bothers her. She said she has a new deck and cannot enjoy the deck due to
the noise. She held up a tape recorder and let the board hear the noise. She
said she has lived there for 15 years and has not ever had a problem with
anyone. She said regarding the noise on the tape, that there is a place for
that, (swimming pool noise) but not in her neighborhood. She said when she
received the letter to notify her of this meeting she was very pleased. She
said she did not realize that anything could be done about this situation.
Mark Lykins, 5816 Timber Rail,
said they moved there for the wooded lot which is 125 feet off the street and
the quiet and they have the noise all the time. He told the audience the
parents drop off their kids and go home, but he must put up with this noise all
the time.
Dave Fremgen, 5819 Fawn Run Drive,
said he thinks this a traffic
issue more than any thing else. He said between
4:30 and 5:00 at night there are
cars parked on both sides of the street.
Connie Kennedy, 5816 Timber Rail,
said she likes the Sullivan’s and her daughter took lessons but she said she
thinks this is a law issue. She said this is not an issue of whether this
person is a good person. Ms. Kennedy said cars are parked and kids are in the
street and you must drive carefully.
Brad Price, 5862 Timber Rail,
said we are not questioning Mr.
Sullivan’s ability and what he is doing for the community. He said Mr. Sullivan
is setting a precedent for that piece of property. He said there is a 60 acre
vacant tract and the stubbed streets in our neighborhood end there. When that
tract develops, this board’s decision will affect the future. Cherry Linder
closed the open portion of this case.
Discussion/
Recommendation Jim
Rinehart said he is influenced because he has a pool, a grand child, and a
daughter who enjoy swimming. He said he understands the proponents and
opponents. He said setting a variance for the property for the future is
something this board should not do. Pat Cain said he realizes Mr. Sullivan is
performing a service to the community. Pat Cain said the variance stays with
the property. If Mr. Sullivan moves from the property, that property still has
the variance. Doug Miller said if someone moves into that house and does no
swimming lessons for 5 years, they couldn’t sell it to someone who would want to
do swim lessons. Doug said the lapsed time period may affect the
variance. Mark Pyles said the granting of the variance “paves the way” for the
zoning permit for home occupation. Mark said our decisions must be based on the
code and he said he couldn’t support the variance. Robert Bender said if Mr.
Sullivan only took donations would that be allowed. Doug Miller said no, that
wouldn’t be allowed. Mr. Bender asked if it were a “club” would that be
allowed. “No”, per Doug Miller. Robert Bender said he knows that Mr. Sullivan
performs a service to the community but if he were in Mr. Geiger’s shoes he
wouldn’t be very happy. Brian Leary said if we didn’t see the positives or
nuisances, there is a traffic issue, a safety issue. Jim Rinehart said the web
page is an advertisement for this business. Tim Hershner reminded the board
that they approved a clubhouse for Cherrybrook Subdivision with parking
requirements, landscaping requirements, and buffering. Cherry Lender said we
need to get the message to the Deerfield Township Trustees that
this community needs a pool. (Applause) Doug Miller said this board may like
this business, but this is still a business.
Motion
There was a motion by Jim Rinehart to
deny Case 2003-352, and there was a second_by Pat Cain.
Robert Bender said the “yes” vote would be in favor to deny.
Roll Call
Pat Cain-yes, Mark Pyles-yes, James Rinehart-yes, Cherry Linder-ye, and Robert
Bender-yes
The motion was
approved.
Cherry Linder told
Mr. Sullivan that she is impressed with his ability to teach. Doug Miller said
if anyone has some additional evidence such as the tape recording, would they
leave it with Tim Hershner in case there would be an appeal. They said they
would.
Cherry said there is Resolution 2003-352
for the board to read, which they did and it was signed.
OLD BUSINESS There
was discussion on the recognition at the Deerfield Township Trustee Meeting for
Joe Thompson.
ADJOURNMENT
9:15 PM Motion by Jim Rinehart
to adjourn._2nd__by Robert Bender_
Roll
Call Mark Pyles-yes, James
Rinehart,-yes, Cherry Linder -yes, Robert
Bender-yes, Pat Cain-yes
The motion was
approved.
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