DEERFIELD TOWNSHIP
DRAFT COPY
BOARD OF ZONING APPEALS
6:30 PM – JANUARY 11th,
2007
MINUTES
CALL TO
ORDER: James Klatte
ROLL CALL
James Rinehart,
Brian Leary, James Klatte, Mike Kean, and Alternate Greg Porta were present.
William Heckman was absent. Also present was township legal advisor, Scott
Phillips.
Minutes
Motion to approve minutes of
12/14/06
by Mike Kean. 2nd by Greg
Porta.
Roll Call: Brian Leary-Yes,
James Klatte-Yes, James Rinehart-Yes, Mike Kean-Yes Greg Porta-Yes.
The motion was approved.
James
Klatte administered the oath to those planning to give testimony.
CASE
2006-667 8844 Columbia Road,
Loveland, Request for Sign Variance
Staff
Report
Hayfaa Wadih stated the
applicant is seeking a sign variance for the 20 Mile Station Shopping Center
which would change the wall sign allowance from one square foot of sign area for
each linear foot of frontage to two square feet of signage area for one foot of
linear frontage. They are also requesting up to two signs for the end units of
the shopping center. She said the setback of 400 feet from Route 22 & 3 makes
the small signs difficult to see. Staff considered the facts in this case as
follows: existing signs have not been approved according to unified standards;
some stores have small frontages which put them at a competitive disadvantage;
the large front setback of the shopping center from the road makes the stores
with a small frontage and smaller signs unreadable; and more tenants are and
will be requesting variances. Ms. Wadih said staff recommended approval
including one condition.
Brian
Leary asked if the staff has a plan for the transition period since there are
existing signs. Lois McKnight said she recommended that the signs which were
previously installed legally due to the ruling of this board or allowed by the
Deerfield Township Zoning Resolution would stay but any new signs for an
existing tenant or a new tenant moving in would comply with the direction the
board agrees upon this evening.
James
Klatte closed this portion of the meeting and asked for the proponent to come
forward.
Proponent Steve Davis, Davis Sign Solutions, 9435
Waterstone Blvd., Cinti., OH 45249,
said a couple months ago he had a call from Steve Waxman about signage at this
shopping center. He said he had been before this board before on the Karen
Taylor Salon. He showed photos of all of the many signs which have be used at
this shopping center. He showed how 2 square feet of signage area for 1 foot of
linear frontage worked with the distance from the street and how that affected
the readability of the signage. He said the tenants there, including Spa
Chocolat, have temporary banners until after this meeting.
Mr. Klatte
asked him if he is representing them. Mr. Davis said the owners asked him to
come here to represent them.
Steve Waxman, 901 Island Road, Cinti, OH 45215,
said he is a partner in the ownership of this center and verified that they
asked Mr. Davis to be here tonight. He said it is imperative that the tenants
have adequate signage considering the distance from Route 22 & 3. His request is
for the board to approve this variance.
Mr. Klatte
asked about the ground mounted sign out front. Mr. Waxman said they would keep
both the ground mounted sign and the wall signs.
Mr. Leary
asked if tenants went under the gables, how many store fronts there are. Mr.
Waxman said if Club Champions moved out they would vacate 6000 square feet but
1500 square feet is a normal size space. They would leave space for four tenants
but there are two spare gables. He said they could put two tenant signs per
gable if necessary.
Jim
Rinehart asked if the signs which are there now would stay. Ms. McKnight said
they would stay. She said if the board would approve the variance as requested,
ultimately at some point in the future the uniform standard would be achieved.
Greg Porta
asked if the ground mounted sign has enough room for all the tenants. Mr. Waxman
said yes and all the tenants are listed there now with one vacant space.
Jim
Pandzic, Cintech Construction, 10 Tech View Place, Cinti., OH 45215, said he was involved with the initial design of this
center. He said the intent was for the gables to be used for signage. It was
realized that the signage should be high because of the distance from Route 22 &
3. They are asking for approval for this variance and as the tenants changed,
the signs would be individual but the size would be uniform.
Mr. Klatte
asked for board questions. There were none. There was no public who wanted to
speak.
Board
Discussion
The Board reviewed the photos of the existing and proposed signage presented by
the applicant. Discussion included the positioning of the tenants relative to
the gables and the need for uniform signage. Concern regarding the need to
address the overall signage requirements in the Deerfield Township Zoning was
expressed.
Motion Motion by Brian Leary to approve Case 2006-667
including the one condition from staff and adding a 2nd condition as
follows:
1. All applicants for zoning permits for new signs
shall provide a scaled drawing prepared by a professional designer showing
compliance with this decision.
2. Calculations for signs be established according to
store frontage. Signs cannot be accumulative for purposes of calculating square
footage on corner units.
Second by James
Klatte
Roll Call Greg Porta-No, James
Rinehart-Yes, Brian Leary-Yes, James Klatte-Yes, Mike Kean-Yes.
The motion was approved.
Attorney
Scott Phillips administered the oath to those planning to give testimony.
CASE
2006-668 8582 Southland Drive,
Maineville, Request for appeal on Township Inspector ruling on storage in a
private garage
Staff
Report
Lois McKnight stated this was
an appeal in behalf of Joseph and Inez Diss. Their attorney, Joseph Trauth,
submitted the paper work to the township. Ms. McKnight reviewed the information
provided to the Board as a part of the file.
- November 20, 2006 letter from Joseph L. Trauth, Jr. to the Board of
Zoning Appeals
- November 2, 2006 letter from Ronnie W. Caldwell to Mr. Diss
- October 23, 2006, complaint filed by Joe Diss concerning property
located at 8582 Southland Drive
- 2005 copy of petition
- July 14, 2004 Zoning Complaint Log
- September 26, 2002 letter from Kevin Fehring to Kenneth and Lynda
Byrnside
- August 26, 2002 miscellaneous enforcement records
- August 28, 2002 application for the construction of a garage addition
- May 4, 1999 application and zoning certificate for accessory structure
Ms.
McKnight said Mr. Diss contacted the zoning office and he was instructed to fill
out a formal complaint form. The Code Enforcement Officer investigated the
complaint as requested and determined that there was more than one boat stored
in the subject building. He brought the results of his investigation back to Ms.
McKnight and she discussed the issue with the township administrator and the
township law director, including the fact that there were inconsistencies with
the zoning code and the position which the township would be in by investigating
individual use of detached garages for storage. As a result of their discussions
they felt it would be inappropriate at this time to take action on Mr. Diss’
complaint.
Proponents Sean Seuter, Keating Muething Klekamp, 1 East 4th
Street, Suite 1400, Cinti., OH 45202, said he represents Joe and Inez Diss,
2314 Old Mill Road, Maineville,
OH and Jenny and Mike Bowen, 8606 Southland Drive, Maineville, OH. Mr. & Mrs.
Diss are appealing the ruling by Ron Caldwell. There are multiple boats being
stored at the residence at
8582 Southland Drive.
This is a clear violation of the zoning resolution Section 20.01 which prohibits
storage of more than one boat on a residential property. Mr. Seuter asked the
board to do what Mr. Caldwell and the Deerfield Township Zoning Department
refused to do and enforce the rule which states that only one boat can be stored
on a residential property.
Joseph Diss, 2314 Old Mill Road,
asked the board for questions. Mr. Porta asked Mr.
Diss where he is located in conjunction with the subject property. Mr. Diss
showed some photos to the board and pointed out his daughter’s house which is
closer than he is to the subject property.
Jim Klatte
asked if he has any boats or trailers on his property. Mr. Diss said he has a
small fishing boat. Mr. Diss explained to the board the size of the motors on
the boats at the subject property.
Jim
Rinehart asked him if there is a noise problem. Mr. Diss said there is but he
didn’t feel this board had any jurisdiction over the noise.
Jim Klatte
asked him if the utility trailer is on his property. Mr. Diss said he has 2
trailers on his property.
Mr. Porta
asked Mr. Diss to explain the photos showing boats outside. Is this a one time
thing or are the boats outside? Mr. Diss said the boats are in and out and they
do tune ups outside and that is 30 feet from his daughter’s house.
Jim
Rinehart asked if the boats are kept outside for long periods of time. Mr. Diss
said they usually get the work done and put them back inside. Mr. Diss said
Kevin Fehring’s observation was done over a long period of time, 3-4 months.
Jenny Bowman, 8606 Southland Drive,
said there are numerous boats being stored in the pole
barn. It is used for a maintenance building and a repair shop.
Brian
Leary asked if she believed a service was being operated out of that building.
Ms. Bowman said she didn’t know that for sure. She said they bring boats with
them sometimes. She said it is noisy.
Concerned Citizens Lynda Byrnside, 8582 Southland Drive, Maineville,
distributed her documentation on the building since it was erected in 1999. Ms.
Byrnside said 9/26/02, her brother-in-law had a 26 foot boat and he stored it
outside on their property for 30 days. When they first built the pole barn, she
didn’t know the procedure. When they did the addition, she wasn’t aware they
needed a permit but after they were notified, they did get a permit. She said
believed that they are not in violation. They are not receiving any money to
store the boats. The maintenance man sometimes comes and changes the oil. The
boats belong to their friends.
Mr. Klatte
asked how many boats are there now. She said 3 friends boats are there.
Mr. Klatte
asked if the setback of the building is in compliance. Ms. McKnight said that it
is.
Michelle Minors, 2353 Old Mill Road, Maineville,
said that storing these boats does not hurt the neighborhood. The mechanic comes
and works on the boat on her property. She said the township should not be
telling residents what they are allowed to buy and store in their garages. The
neighbors get along very well. Everyone keeps up their property and they all
have two acre lots. She said Joe Diss has his trailer stored on her property
behind her barn. She asked the board to do their homework so they don’t have to
waste their time on issues such as this.
Ken
Byrnside, 8582 Southland Drive, Maineville,
said he was told by Kevin Fehring to put the boats inside and not leave them
outside. He said boats must be moved outside so they can be started after they
have been sitting for a long time, to be winterized or de-winterized.
Mike
Farley, 8665 LaSabre Drive, Maineville,
said he had his boat stored in Mr. Byrnside’s garage. He said he only used his
boat 4 times last summer. It was started in the spring and started in the
winter.
Brian
Leary asked him if he pays anything to store his boat there. Mr. Farley said no.
Greg Porta
asked him if he pays the mechanic to do work on the boat. Mr. Farley said when
the mechanic comes it is done in the building and he said he does pay him.
Dave
Schooler, 2100 Pine Road, Loveland,
said he didn’t like the way the code is written. Jim Klatte said this board
couldn’t change the zoning code but they can make recommendations.
Brian
Leary asked him how many times he took the boat out last year. Mr. Schooler said
he took it out twice and used it twice.
Tom
Myers, 2353 Old Mill Road, Maineville,
said people should
be allowed to put what they want inside their pole barn.
Lynda Byrnside, 8582 Southland Drive, Maineville,
said she wanted to clarify the subject of money. If the mechanic comes, he is
not paid by the Byrnsides. The exchange of money is not done on her property but
it is taken care of by the owner of the boat.
Mr. Klatte
closed this portion of the meeting.
Scott
Phillips said this is an odd situation where 20.01 said you can have 3 trailers
but you can only have one boat. Travel trailer is not defined in the code. You
could have a boat on a travel trailer or have a boat on a trailer. When you get
to the definition of a private garage it seems to indicate that it is to be
utilized by the owner. Mr. Phillips said how do you resolve ambiguity? Generally
from a zoning code perspective the tie goes to the property owner. If you look
at this and it cannot be reconciled, then the property owner gets the benefit of
the doubt. Mr. Phillips said he thinks this is where the staff is coming from.
He said the property owner is not without recourse. The ORC 519.24 gives a
private cause of action to an adjoining property owner if he or she believes
there is a zoning violation and they can take that case directly to Common
Pleas. Given the fact that this is less than clear and the rational behind 20.01
makes no sense, he thinks staff did the right thing to take a pass on this one.
Roll Call Greg Porta-Yes, James
Rinehart-Yes, Brian Leary-Yes, Mike Kean-Yes, James Klatte-Yes.
The motion was approved.
Mr. Klatte
told the proponent if they have suggestions for changes to the code, to contact
the Deerfield Township Trustees.
Mr. Klatte
said election of new officers for 2007 would be postponed.
New
Business
Greg Porta noticed that the Ace
Hardware has a sign with lights that they stated at their variance hearing would
not be lit. He requested that Ron Caldwell please check on that. In the
Fields-Ertel Strip Mall, they stated that they would get rid of all the cars
with the advertising signs out near the road but they have not.
Lois
McKnight said in the future the staff reports will no longer have
recommendations from the staff. She staff would still assist with the technical
aspect and writing of any conditions pertaining to the case. Scott Phillips said
that is consistent with how it is done in other jurisdictions.
Greg Porta
said he would like for the staff to review the zoning code regarding signs.
Scott Phillips said they have been working with the staff regarding the code. He
suggested a Comprehensive Plan be done first.
Adjourn
Motion by James Rinehart
to adjourn Second by James Klatte
Roll Call Brian Leary-Yes, James
Klatte-Yes, Greg Porta-Yes, James Rinehart-Yes, Mike Kean-Yes The motion was
approved.
_______________________________________
______________________________________
James Klatte, Chairperson
Date Daniel Hendy,
Secretary Date
H BZA01_11_07.MIN
DRAFT
COPY
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