DEERFIELD
TOWNSHIP
BOARD
OF ZONING APPEALS
6:30 PM – JUNE 14th, 2007
MINUTES
CALL TO
ORDER James
Klatte
ROLL CALL
William Heckman, Brian Leary,
James Klatte, Mike Kean, James
Rinehart, and
Alternate Greg Porta were all presents. Dan Hendy, Township Legal Advisor, was
also in attendance.
Minutes
Mike Kean made a motion to approve the minutes of
05/10/07 as written.
2nd by William Heckman.
Roll Call William Heckman-Yes, Brian Leary-Yes,
James Rinehart-Abstained, James
Klatte-Yes, Mike Kean-Yes, Greg Porta-Yes The
motion was approved.
James Klatte welcomed the
audience and explained the procedure of the meeting.
Township attorney, Daniel
Hendy, administered the oath to those planning on giving testimony.
James Rinehart said that he
is a neighborhood resident near this property to be discussed tonight. He
explained that he previously discussed this with our legal advisor, Dan Hendy,
and was told that he would be allowed to participate.
Case
#2007-244 Requesting approval to the conditionally
permitted use tennis court and playground area at
4886 Old Irwin-Simpson Road for
Liberty Bible Academy
Staff
Report Hayfaa Wadih described the location and the zoning of the tennis court
and playground area. She explained the surrounding zoning and said this use for
the school was approved on 4/9/98 for the
7.53 acres as a Conditional Use. She showed photos. The subject property has a
single family home which has been used to house school staff. In the back there
is currently a tennis court that applicant is requesting to use for physical
education.
Case
#2007-245
Requesting conditionally permitted use private drive of
Liberty Bible
Academy at
4900 Old Irwin-Simpson Road,
Deerfield
Township
Staff Report
Hayfaa Wadih said that applicant is requesting to be allowed to put in an
additional driveway to improve the method of dropping off and picking up
students. The applicant owns two adjacent parcels, one acre each. The
requested driveway would connect to Old Irwin-Simpson Road to the south with the existing driveway on the original school lot to
the south. The proposed driveway will be used for exit only to
Old Irwin-Simpson Road.
Ms. Wadih said the storm
water management on Old Irwin-Simpson Road was open ditch. The plan showed 67
parking spaces, 45 of which would be located on the original lot and 22 spaces
west of the proposed drive. John Richardson said they might want the driveway
to be widened. Ms. Wadih said the fire department would make those
recommendations. Brian Leary asked more details on the location of the
driveway. Ms. Wadih said they must have a 15 feet buffer. James Rinehart said
many trees would be removed. Ms. Wadih said they planned to remove the smaller
trees but will try to leave the larger ones and trim them. She pointed out a
temporary modular for additional classrooms on the one acre parcel behind the
existing building which was approved at the BZA meeting of 06/10/04. She said a
buffer would be required in order to maintain the residential character.
Case
#2007-246 Request for approval to the conditionally
permitted use preschool classrooms at
4800 Irwin-Simpson Road for
Liberty
Bible
Academy
Staff
Report
Hayfaa Wadih said the original “conditional use” was approved for an
institutional facility on 7.53 acres on 04/09/98. Now since Liberty
Bible Academy owned an
additional property with an existing structure on the site, she said it was very
reasonable for them to want to maximize the use of the structure to meet their
expanding needs. They are requesting permit to use the existing home for a
preschool program with 50-60 students in AM and PM sessions. Staff contacted
DTFR and was told that the building must comply with restrictions for an
educational facility. Ms. Wadih asked for questions.
Brian Leary asked if the
modular was approved on June 10, 2004. Ms. Wadih said that was correct. He
was concerned about the curb cut on Old Irwin-Simpson Road. Ms. Wadih said that
she had contacted the Warren County Engineer about that but had not received a
response. James Reinhart asked about whether the DTFR had approved this. Ms.
Wadih said the fire department would not make recommendations until they had
approval from this board. She said they usually make sure there is a proper
turning radius for the fire trucks. James Rinehart said what about the width of
the driveway. Ms. Wadih said they would make recommendations. Ms. Wadih
clarified some details on the photos. Brian Leary asked if there would be
buffer space between the tree line. James Rinehart said a bunch of trees will
be removed. Ms. Wadih said yes some trees will be removed.
Proponent Dr. Gary Saulquist, Administrator,
5300 Barony Place, Cinti., OH
45244, said that
Liberty Bible purchased
this property in 1989 with the objective to be a good neighbor. He said they
were concerned about the safety of the children. He stated that the school
worked very hard to teach the children strong family values and American
values. He introduced Charles Emert.
Charles Emert, 1379
Gibson Road, Loveland, OH 45140,
said that they were wide open to any suggestions the board would have. He said
they planned to stay 20 feet from the property line. The 20 feet buffer would
make them back from the larger mature trees and they planned to just remove
some smaller trees. They hoped to keep the larger trees and maybe just trim
them. He said the nearby resident wanted the trees removed to help with his
garden. Mr. Emert explained the reasoning behind their decision to put in the
new driveway. He said the best fit is to use a bus service to pick up people at
the Village Church and haul them to the schools. William Heckman asked about the driveway
and he suggested putting the driveway to the west of the house instead of the
east by the property line. Mr. Emert said one side of the property has a lower
elevation and is wet and is the swale for at least 3 parcels where water goes
down that side of the property. Brian
Leary asked if the plantings for screening which were suggested from the board
the last time had been installed. Mr. Emert said yes the trees are growing and
are doing very well. Mr. Leary asked if there was a master plan. Mr. Emert
pointed out on the map some areas where the master plan has some changes. He
said the school, like other schools, is growing but are not sure how much growth
will take place and what their needs may be.
Mr. Leary asked him to
explain the tennis court area. Mr. Emert said they purchased that property with
the tennis court and they understood they were not allowed to use the tennis
court until they had approval from this board. Mr. Klatte asked if the tennis
court would be used at night. Mr. Emert said there are no plans for lighting
there. Mr. Emert said they plan to spruce up the tennis court area but not add
lighting. Mike Kean talked about the way the traffic flow on the new proposed
driveway would cross the traffic coming into their lot from Old Irwin-Simpson
Road. Mr. Kean said that would be a safety concern. Mr. Emert said they
wanted the drive to be exit only at the new location so traffic would not back
up on Old Irwin-Simpson Road. Greg Porta asked if they came by bus or do parents drop them off.
They said there are approximately 100 cars and 20% are bused. Mr. Emert said
there are 189 students. Mr. Kean said when they expand and if the house is
approved for preschool how many preschool students would there be. Mr. Emert
said there would be 55-60 preschoolers in the house, some AM and some PM. The
55-60 students would be included in the 189. Mr. Emert said they currently have
preschool program but it is not located in the house. James Rinehart asked what
they did to get this house approved by the state for this preschool. Mr. Emert
said that Liberty hired an architect to
design the interior and get it ready for the preschool. James Rinehart said
that many huge, old trees would have to be removed. Mr. Emert said not all the
trees would be removed, just the ones which would be necessary to get the road
in. He said there are a lot of trees. Again, Mr. Emert said they did not want
to remove the trees. He said they would leave as many trees as possible.
Brian Leary asked if there
was any consideration to say that they develop this property first before they
move to the next parcel. Mr. Emert said they were recommended to do this
because of traffic flow. He said they were open to any suggestions by this
board. William Heckman said there may be a way to realign to save the trees.
Mr. Emert said the driveway can be curved around to save the trees. There was
also a suggestion to use the proposed drive for cars entrance. Hayfaa Wadih
said most of the traffic activity takes place near Mason-Montgomery Road and it
would be better for the neighborhood to stay there. Mr. Emert said they really
strive to blend in with the neighborhood by putting the lighting on timers.
Mike Kean asked about the house being used as a preschool, but where is the play
area. Mr. Emert said there is plenty of space and it would be fenced. Mr.
Emert said that they do not have to build a playground because the children can
walk to the current playground. Mr. Klatte asked for any more questions. There
were none. He asked for any public comments.
Concerned
Citizens Ron Duvall,
4717 Woodland Drive, Mason, OH 45040,
said the first thing he wanted to
address was the septic system which served the property and the leach lines. He
said he didn’t think they would be allowed to put a driveway over that. He also
said the driveway couldn’t be over top of the storm drainage area. He was also
concerned about property values since he lived across the street from the
preschool which would be in a 1400 square feet house. He said Old Irwin-Simpson
Road was cut off because of traffic concerns now there will be more traffic. He
asked if there were any laws on the books about the number of preschools in the
area. Dan Hendy said it would be unconstitutional to put a limit on that.
Steve Wendell, 4701
Woodland Drive, Mason, OH 45040,
said he has been there for 12 years and that the school has been a good
neighbor. However, he had questions and concerns about proper drainage since
the house was on a septic system would this be adequate for more users? Mr.
Wendell said they are very close to Simpson Creek and would that cause a problem
with the septic system. Mr. Wendell asked about the proposed driveway and the
traffic going to Schappacher Park. He said that the safety
of the residents walking to Schappacher
Park should be considered. Mr.
Wendell expressed concerns about what would happen to the house when they no
longer need the house. He was concerned about the large old trees being
removed. Mr. Klatte asked if there were any more concerned citizens who may
want to speak. There were none so he closed this portion of the meeting.
James Klatte said the board
should make sure the tennis court would be used only during school hours. Ms.
Wadih said they would put that in a condition. James Rinehart asked if they
would be using it for tennis only. Brian Leary said the tennis court should
only be used for school functions.
CASE
2007-244 Tennis Court & Playground Area
Motion
Motion by Brian Leary
to approve Case 2007-244 with the condition that the property be
used during school hours only or at a school function only and that the
facilities remain “as is” without additional lighting. 2nd
by William Heckman.
Roll Call William Heckman-Yes, Mike Kean-Yes,
James Klatte-Yes, James Rinehart-Yes, Brian Leary-Yes. The motion was approved.
There was more discussion.
James Rinehart asked if they were planning to use more modular structures. He
was told there was no plan for another modular. Brian Leary said the preschool
already exists and this would be just a different location for them.
Charles Emert, 1379 Gibson Road, Loveland, OH 45140, said they are aware
that the house may have changes to the plumbing if that is a requirement. Mr.
Emert said the septic system is in place and the changes that they plan would
not cross any leach lines. William Heckman asked if they had plans for the
future. Charles Emert, 1379 Gibson Road, Loveland, OH 45140, said
they plan to use the house for the preschool now but it could be converted back
to a house again. Mr. Emert said that preschool is a part of education but all
of the school under one roof would be the best.
James Rinehart asked how
long they are allowed to have the modular. Mr. Rinehart asked if they could get
another modular instead of using the house. The board discussed the issue and
remembered that they asked the applicant not to come requesting another
modular. They also believed that the modular was approved for 5 years period.
Brian Leary said that they have a facility and want to use it but they continue
to grow this campus. Mr. Leary said the preschool is already in existence and
this would be just relocation for them. He said there is a logical progression
and we could help maintain the property values around this property. William
Heckman said it is their privilege as land owners to do things to their
property. Brian Leary said they could take
all the trees down if they wanted.
James Klatte was concerned
about how this drive would work with the residents around there. Greg Porta
said it is going to be a house. It is still going to be out front. Mr. Porta
said they have been a good neighbor because they were there but they have been
unseen. This driveway could change that. Mr. Porta said he wondered what the
neighbors on one side of the street would think about that. James Rinehart
asked to board to allow one of the neighbors to come forward and talk.
Motion
Motion by Brian Leary to
reopen the public portion of the meeting. 2nd by James Rinehart.
Vote was all yes.
Dan Hendy had to swear in
the gentleman who James Rinehart requested to come forward.
Carol Weller, 4784
Old Irwin-Simpson Road, said that
there is a storm water drainage problem. He said that he is not sure if his
property values would be improved or hurt. He said he owned the two parcels,
one with a house close to Old Irwin-Simpson and the other has a barn on it.
William Heckman said they must get several other approvals from Warren County
Water & Soil Conservation District, Warren County Water & Sewer and the
Deerfield Township Fire Rescue but those agencies wouldn’t do anything to
evaluate the plan until after we would approve it. Mr. Weller asked if they
must have sewer or not. Mr. Heckman told him the county would consider that if
this would be approved. Mr. Weller said he didn’t know what they wanted him to
say. He was concerned why they didn’t have a fence and whether there was a plan
for one. Dan Hendy told him they would file a site plan that the zoning staff
would look at to make sure the screening would be in place.
Motion
Motion by James Rinehart to
close the public portion of the meeting again. 2nd by Brian Leary.
Vote was all yes.
CASE
2007-246 Preschool Classrooms
Motion
Motion by William Heckman to
approve Case 2007-246 and to grant the Conditional Use subject to all 7
conditions from staff and addition Condition #8, as follows: 2nd
by James Klatte
1. Adherence
with all prior approved conditions and Resolutions applicable to the
Conditionally Permitted Use for Liberty Bible Academy, except as herein
modified.
2. Approval
of a stormwater drainage plan by the Warren County Engineer, in compliance with
the Rules and Regulations for the Design of Stormwater Management Systems, as
determined by the Warren County Engineer, is required.
3. Prior to
the issuance of the Zoning Certificate, approval of site access and interior
circulation by the Warren County Engineer, in conjunction with the Deerfield
Township Fire rescue is required.
4. Road
improvements, as applicable, shall comply with the Requirements and Standards
for the Design and Construction of Street and Roadway Facilities, as determined
by the Warren County Engineer, with appropriate latitude, within sound
engineering principles.
5. Dumpster
shall be enclosed and screened; material and color shall match the building
material and color.
6. Landscape
plan shall be submitted prior to acquiring the Zoning Certificate showing
compliance with Deerfield Township Zoning Resolution, Chapter 21, Bufferyards
and Landscaping. Mature trees on the site shall be saved to the greatest degree
possible.
7.
Illumination level shall not exceed 0.2 footcandles along the public and private
right-of-way as well along any side abutting residential uses.
8. The
exterior of the building will be substantially unaltered. No expansions or
additions are allowed to the existing structure.
Roll Call Mike Kean-No,
James Klatte-Yes, James Rinehart-No, William Heckman-Yes, Brian Leary-Yes. The
motion was approved.
Jim Rinehart said regarding
the driveway, he had concerns storm water management regarding impervious
surface and the affect on Simpson Creek. He asked if there was a requirement
for a retention pond. He was told there already was a retention pond. Mr.
Rinehart wanted to see where it was located. Ms. Wadih went to the map and
explained the flow of
the storm water and how it
would be connected into the storm water system. Jim Rinehart asked who told her
this. Mr. Rinehart said there are complaints about storm water issues. She
said our Public Works person looked at the plan. Ms. Wadih said no zoning
permit would be granted until we would get approval from all of the agencies.
There was more discussion. Brian Leary talked about denial of the request. Dan
Hendy told him that they could modify the plan. They talked about trying to
maintain residential appeal and not allowing the driveway road cut to Old
Irwin-Simpson. Ms. Wadih said they could table the case. She said the
applicant could come back with an alternate plan. Jim Rinehart asked if there
would be an additional fee involved. Ms. Wadih said when the case is tabled no
additional fee is necessary.
CASE
2007-245 Driveway & Parking
Motion
Motion by William Heckman to table Case 2007-245 in order to allow the
applicant to
come back with a new plan with suggestions as
follows:.
1. Different plan for the private drive is
needed
2. No additional curb cut on Old Irwin Simpson
Road shall be permitted
2nd James Rinehart.
Roll Call: James Klatte-Yes, James.
Rinehart-Yes, William Heckman-Yes, Brian Leary-Yes Mike Kean-Yes The motion was
approved.
New Business
Brian Leary
asked for the Code Enforcement Officer to investigate a law office located on
Route 22 & 3 near Meineke and check if they had sign permits to put up the signs
they have. Jim Klatte said there was a huge banner type signage on the Kings
Suites Motel on Mason-Montgomery which looked unsightly. Ms. Wadih said she
would check on those situations with our code enforcement officer.
Adjourn Motion
by Mike Kean to adjourn the meeting. 2nd by James Rinehart.
Roll Call Brian Leary-Yes, James Klatte-Yes, William Heckman-Yes, Mike Kean-Yes,
Greg Porta-Yes, James Rinehart-Yes. The motion was approved.
________________________________________
___________________________________________
James Klatte,
Chairperson Date William
Heckman, Secretary Date
BZA06_14_07.MIN
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