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DEERFIELD TOWNSHIP

BOARD OF ZONING APPEALS

6:30 PMAUGUST 9th, 2007 MINUTES 

CALL TO ORDER                       James Klatte                                     

ROLL CALL                              James Klatte, Mike Kean, and James Rinehart were present.  William Heckman, Brian Leary, and Alternate Greg Porta were absent.  Also present was Legal Advisor, Dan Hendy.

Minutes                                      Motion to approve minutes of 06/14/07, by James Rinehart2nd by Mike Kean

Roll Call James Rinehart-Yes, James Klatte-Yes, Mike Kean-Yes the motion was approved.

James Klatte explained that any decision for approval tonight must have a unanimous vote because there were only three members in attendance.  He gave applicants of the two cases an opportunity to continue the case to the next meeting.  Applicants expressed desire to proceed with the meeting. Township attorney, Daniel Hendy, administered the oath to those planning on giving testimony. 

Continued from 06/14/07

Case #2007-245                        Requesting conditionally permitted use private drive of Liberty Bible Academy in Deerfield Township

Staff Report     Hayfaa Wadih explained that the case was tabled from the last meeting.  She explained that applicant has responded to the Board requests and have provided a new proposal for the private drive without a curb cut off of Old Irwin-Simpson Road.  They also obtained a permit from Warren County Health Department to demolish the septic tank and paid the fee to connect to the main sewer.  The applicant provided letters from the Warren County Engineer’s Office, Warren County Water & Sewer Department, and the Warren County Health Department approving the aforementioned changes.  Mr. Klatte again reminded the applicant that the vote must be unanimous and that they could table the case.  The applicant, Charles Emert, 1379 Gibson Road, Loveland, OH, said the septic had been removed and they wanted to go ahead with the case tonight.  He said they had on-going problems with the septic system and were glad to get that taken care of.  

Proponent  Charles Emert, 3879 Gibson Road, Loveland, OH   came forward.  James Rinehart asked Mr. Emert to explain what they have done.  Mr. Emert explained how they went to the county and received approval and had the septic system removed and inspected.  He said Warren County Engineers have approved their storm water run-off plan.  James Rinehart said that he was impressed with the fact they have worked so hard to do what the board asked them.  Mr. Emert said the fire department has approved their plan for the driveway and parking. 

Concerned Citizens  Ron Duvall 4717 Woodland Drive, Mason, OH     asked where they would park the employees of the school.  James Klatte said they would address that.  Charles Emert, 1379 Gibson Road, Loveland, OH the employees would park in the two car driveway, and the rear of the property.  James Klatte said he was concerned about the fire truck having room.  Hayfaa Wadih said that was reviewed by the DTFR and they approved the plan.  He asked for more concerned citizens.  There were none. 

                                                 Motion by James Klatte to approve Case 2007-245 including the staff  recommendations.  2nd  by James Rinehart. 

Roll Call James Klatte-Yes, James. Rinehart-Yes, Mike Kean-Yes  The motion was approved.

Case 2007-356                          Requesting a variance to decrease the setback for the expansion of  Carstar Kings Collision, 8849 Columbia  Road in a General Business District

Staff Report     Hayfaa Wadih explained that the applicant is expanding the building and that the main concern was the side setback.  The building side setback for the new addition is 25 feet and it should be a 30 feet.  The property had been zoned General Business PUD since December, 1980, by Warren County.  Part of the property was zoned General Business and part was General Business PUD.  In the Deerfield Township Zoning Resolution, when General Business abuts Residential Single Family a 30 feet setback was required.

Dan Hendy clarified that half of the proposed structure was in GB and half was in GB PUD.  That five (5) feet variance was what this board should be concerned about.  The Zoning Commission approved Stage 2 and the Deerfield Township Trustees approved Stage 3 last night. 

Hayfaa pointed out the two zonings of the Carstar lots on the map to help the board better understand the case.  Mike Kean was concerned about the additional paved area and the storm water problems there.  He said it looked like on the map that the storm water was being re-routed.  Hayfaa said the storm water management was one of the items in the conditions.  Dan Hendy explained that at the Zoning Commission meeting many residents came with storm water concerns. 

Proponent  Rich Enyart, RLE Construction, 6110 Picket Court, West Chester, OH        explained the interior of the building including the paint booths and the reason for the Carstar addition to their facility.  James Klatte said he didn’t see any dimensions on the building.  Mr. Enyart explained that the measurements of the current shop area and the new section, which were the same.  The addition would double the size of the building.  Mr. Klatte again explained the reason for the unanimous vote.  Mr. Klatte closed this portion of the meeting.  There were no concerned citizens.

                                                Motion  by James Rinehart to approve Case 2007-256 including the staff recommendations.  2nd  by Mike Kean.

Roll Call James Rinehart-Yes, Mike Kean-Yes, James  Klatte-Yes  The motion was approved.

Adjourn                                    Motion  to adjourn the meeting by Mike Kean  2ndby James Rinehart.

                                                Roll Call  James Klatte-Yes, Mike Kean-Yes, James Rinehart-Yes  The motion was approved.                                                 

                                                                                                             BZA08_09_07.MIN

__________________________________________________________                            ________________________________________________

James Klatte, President                                           Date                        William Heckman                                      Date