DRAFT
Board of Zoning Appeals Meeting Minutes
December 11th, 2004
6:30
PM – Trustee Meeting Room
CALL TO
ORDER:
Cherry Linder, Chairman
ROLL CALL:
Cherry Linder, Robert Bender,
Pat Cain, Mark Pyles, and Alternate Brian Leary were present. James Rinehart
was absent. Also present was township attorney Doug Miller. There was
discussion on whether to consider voting for the minute approval because of who
was and who wasn’t in attendance at the last meeting. Cherry Linder said she
would move the minutes to a later time. Cherry Linder thanked Mayank Kumar
for the thorough staff report and Mark Pyles added the same compliment to him.
CASE 2003-708 Sign Variance,
Lot 15 Kings Automall,
Palm Beach Tan
Staff
Presentation
Mayank Kumar said the code
allows a 30 square feet sign on a 54 feet building frontage. He pointed on a
map the location of the Palm Beach Tanning Salon. He said the township usually
allows one square foot for each linear foot of wall space. He gave history of
signage for previous tenants at this location. Cherry asked the board for
questions. Mr. Kumar said they asked for the same mount of signage as the other
tenants in the shopping center and they want the same as the other which are all
300 square feet. Mr. Kumar said in 2002 Great Clips applied for a variance for
9 square feet in excess of 22 square feet. Mr. Kumar said this request was
denied. From 1998 to 2003 the zoning board has become more stringent. Robert
Bender asked to look at the photos which were projected on the wall. Mr. Bender
said the height of the letters would be 18 ½ inches which would exceed the 16
inches which is visible from
Fields-Ertel Road
from a previous case. Pat Cain said where is this shown in the code. Mr. Kumar
said one is institutional and business which is 22.10 and the other one is for
the shopping center, 22.10 B. Mr. Cain said he did appreciate the chronology of
how we got there. Mark Pyles asked Mr. Kumar if the applicant alluded to any
hardship in the application and Mr. Kumar said no. The only argument was that
they wanted to have the same size as the other tenants. Mr. Pyles confirmed
that the Great Clips, the Country Wide, and the Delux Cleaners are all 30 square
feet. Mr. Kumar said they are. Doug Miller said if the palm tree logo was
removed, how much would that reduce the sign. Ms. Linder asked the proponent to
come forward.
Cherry Linder
Ms. Linder did a swearing in of
those who will be giving testimony.
Proponent William Yusko, Atlantic Sign Company,
2845 Ridge Ave.,
Hebron, Ky 41048, said they want to be consistent with the other tenants in
the shopping center.
Mr. Yusko said those tenants have more square footage. Mr. Kumar told the board
that there is a photo of the proposed sign in each board member’s packet. Mark
Pyles asked him which tenant is he comparing his sign to in the shopping
center. Mr. Yusko said he is comparing his sign to Great Clips. Mark Pyles
said Great Clips is a 30 square foot sign.Robert Bender said that earlier
tonight it was stated that in order to have visibility from Fields-Ertel Road,
that 16 inch letters must be used. Mr. Bender asked him if he did any studies
on that. Mr. Yusko said he recommends 18 inches or better. Mr. Yusko said the
letters are internally lit with neon. Mr. Bender asked him if this is part of a
larger chain. Mr. Yusko said it is an upscale chain of tanning salons. Doug
Miller said if the logo was smaller, the sign might fit. Cherry Linder asked
for any public who wanted to speak. There was none so she closed this portion
of the meeting and asked for board discussion.
Discussion /Recommendation
Cherry Linder said there are
guidelines in place and we should abide
by those and not allow a variance. Pat Cain agreed. Mr. Cain said this
board has not allowed a variance for a shopping center sign. Doug Miller
reminded the board that they gave a variance to Crossroad Bar and Grill on
Western Row. Tower Grill and Penn Station were allowed a variance. Mr. Cain
asked to what degree did we give them. Doug Miller asked what is being done
under the new zoning texts. Tim said we usually allow one square foot per
linear foot of frontage. Tim said Penn Station and Tower Grill were brought in
toward compliance but they are still not in total compliance. Doug Miller asked
if we are making change in the zoning code update. Bob Bender said we did this
with Karen Taylor Salon and they had this huge gable so we allowed a larger sign
to go in there and help fill up some of that space. Tim said they put a group
sign for multiple tenants out in front of
Landen Square.
Cherry Linder said unless there is a hardship we should not allow this sign.
There was a motion by Cherry
Linder to deny Case 2003-708.
There was no second so the motion so the motion died. Bob Bender said maybe we
can use this to eliminate temporary banners. There was discussion on the
frontage being broken up into two sections. One portion of the building sits
closer to the road than the other portion.
There
was a motion by Robert Bender to approve Case 2003-708 and that they must
adhere to the 4 following conditions:
1)
The wall sign
shall not exceed 53.2 square feet and must be located on the left side of
frontage only.
2)
The wall sign
shall be located on the building in the location shown in the application.
3)
No more than1
square foot of signage shall be allowed for each lineal foot of building
frontage.
4)
If the lineal
frontage in the building of the business to which the sign applies is reduced,
the sign shall be reduced so that the square footage of the sign will not exceed
the lineal frontage per foot of the tenant space.
5)
No temporary signs or banners shall be permitted for this business
occupying this tenant space.
There was a second by Pat Cain.
Roll Call Cherry Linder-No, Robert Bender-Yes, Pat Cain-Yes,
Mark Pyles-Yes
The motion was approved.
CASE
2003-732 9679 New Castle Court, Variance to build a detached garage in the side yard
Staff
Presentation
Mayank Kumar gave the staff
report and showed maps photos of the house. There is an in the ground swimming
pool on the property. The proposed shed is 8 x 10 feet. The staff suggested
moving the shed close to the house instead of the location shown by the
applicant. Cherry Linder asked the board for any questions. Robert Bender
explained where the shed should be located because of the shape of this lot.
Mr. Kumar explained the yellow line and where the shed should be. He explained
why this proposal is not in compliance with the code.
Proponent James Modafari, 9679
New Castle Drive.,
Mason,
OH,
said he considered the suggested location bu was afraid someone would get
on top of the shed and jump in the pool. Pat Cain asked him how will the shed
look. Mr. Modafari said he has planned to match the shingles on the roof of the
shed with the house and match the color of the shed with the color of the
house. He said he would put some shrubs to hide the shed and utilities on the
side. He explained the utilities are electric meter, telephone, automatic pool
cover, plumbing, filter, etc. Robert Bender asked him is he is in a HOA and his
house is not. Cherry Linder asked for other board questions. Cherry asked him
if some other locations in the yard were considered and he said yes. Bob Bender
asked him about the doors of the shed.
Discussion / Recommendation
Robert
Bender said that due to the odd shaped lot, and since there is no HOA, it could
be in a worse location. Cherry Linder said she did not believe this variance
should be allowed. There was some discussion on the view of
the proposed building from neighbors and from the street. Mark Pyles said there
is probably one point where you can see that part of the house where the shed is
proposed. Pat Cain said buffering would block that.
There
was a motion by Robert Bender to approve Case 2003-732. There was a 2nd
by Pat Cain.
Pat Cain advised Mr. Modafari that there is a list of shrubs
which are suggested in the Deerfield Township Zoning Code.
Robert
Bender made another motion to amend his motion to include 2 suggested conditions
from Doug Miller. Mark Pyles seconded that motion.
1)
That the shed be
completed as shown on the submitted site plan.
2)
That any
additional future accessory structures must be located in the rear yard and
compliant with the Deerfield Township Zoning Resolution.
Mayank asked Doug why he put the #2 condition in there
since the township code doesn’t allow additional accessory structures. Mr.
Miller asked to leave this condition in there.
Roll Call Cherry Linder-No, Robert Bender-Yes, Pat Cain-Yes,
Mark Pyles-Yes
The motion was approved.
Robert Bender thanked Pat Cain for his work on the Board of
Zoning Appeals over the years. Cherry Linder agreed. Mr. Cain said he has
enjoyed his time working on the BZA.
MINUTES: Minutes Board of Zoning Appeals,
November 13th, 2003
There was a motion by
Mark Pyles to approve the minutes of
November 13, 2003 as written. There was a second by Cherry Linder
Roll Call Mark
Pyles-Yes, Pat Cain-Abstained, Cherry Linder-Yes, Robert Bender-Abstained The
motion was approved.
ADJOURNMENT
There was a motion to adjourn. There was a 2nd_Mark Pyles.
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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