DEERFIELD TOWNSHIP Meeting at 4900 Parkway Drive, #180

BOARD OF ZONING APPEALS

6:30 PM - MARCH 13th, 2008

MINUTES

PRESENT: Brian Leary, James Klatte, James Rinehart, Michael Kean, and Gregory Porta. Alternate William Lantry

was present but chose to sit in the audience and observe.

ABSENT: None.

STAFF: Hayfaa Wadih, Marilyn Arnold and Joe Walker, Assistant Law Director.

MOTION By Greg Porta, seconded by James Rinehart, to approve the minutes of 02/14/08, including some changes to spelling as recommended.

The motion was approved on the following vote: AYES: James Klatte, James Rinehart, Michael Kean, and Gregory Porta. NOES: None. ABSENT: None ABSTAIN: Brian Leary..

________________________________________________________________________________________________

There was some discussion on nominating Greg Porta as Chairman for 2008 but Mr. Porta declined.

MOTION Motion by Greg Porta, second by James Rinehart to nominate Michael Kean as the Chairman of the Township Board of Zoning Appeals for 2008.

The motion was approved on the following vote: AYES: James Klatte, James Rinehart, Brian Leary and Gregory Porta. NOES: None. ABSENT: None. ABSTAIN: Michael Kean.

_________________________________________________________________________________________________

MOTION Motion by Brian Leary second by James Klatte to nominate James Rinehart as the Secretary of the Township Board of Zoning Appeals for 2008.

The motion was approved on the following vote: AYES: James Klatte, Michael Kean, Brian Leary and Gregory Porta. NOES: None. ABSENT: None. ABSTAIN: James Rinehart.

_________________________________________________________________________________________________

Joe Walker, Assistant Law Director, administered the oath to those giving testimony.

Case 2007 - 246 Reviewing change to the exterior of pre-school building at 4800 Old Irwin-Simpson Road, owned by Liberty Bible Academy.

Staff Report Hayfaa Wadih explained the location of the property and explained the process of approval that granted the applicant the Conditional Use of the house for preschool. She showed photos of the change to the front of the house whereby the garage door was removed and replaced by windows which matched the rest of the house. She said staff believed the change is acceptable and within what was approved previously. She explained the standards of approval as listed in Deerfield Township Zoning Resolution, Standard for Conditional Use. The standards are listed in italic with continued staff findings to follow.

Standards for Conditional Use

Pursuant to Deerfield Township Zoning Resolution Section 6.07D:

The Board shall not grant a Conditional Use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it, that support conclusions that:

1. The proposed Conditional Use will comply with all applicable regulations of this Resolution, including lot size requirements, development standards and use limitations.

There has been no change to the use of the structure.

Adequate utility, drainage and other such necessary facilities have been or will be provided.

The change to the facility will not create any extra impervious surface.

Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion to public street and alleys.

All accesses to the property remain unchanged.

All necessary permits, and licenses for the use and operations of the Conditional Use have been obtained, or evidence has been submitted that such permits and licenses are obtainable for the proposed Conditional Use on the subject property.

Applicant has been working with staff on obtaining all necessary permits and licenses including this submittal to justify the changes to the façade to the Board.

The location and size of the Conditional Use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

The newly altered façade is still in harmony with the existing structure and the surrounding ones.

The location, nature, and height of the building, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use and enjoyment of adjacent land, buildings and structures.

None of the aforementioned has been changed.

Evidence that he Conditional Use desired will not adversely affect the public health, safety and morals.

The change will not create any negative impact on the health, safety and morals of the public; it is rather the opposite as applicant presents coherent design that is more pleasant to keep the integrity of the residential look of the structure.

Jim Klatte asked if there were questions for Hayfaa. Brian Leary asked if the applicant has requested the changes after they were granted the approval in June 2007. Hayfaa Wadih said they have not been back since then. Jim Rinehart said they had been before this board two times. Jim Klatte asked if Liberty Bible approached the zoning department about these changes. Hayfaa Wadih stated that the office was notified about the changes from a resident in the neighborhood. Greg Porta asked for details about the last approval. Hayfaa Wadih quoted the condition which said the exterior should not be substantially altered. Jim Rinehart asked what was the ADA requirement that prompted the change. Hayfaa Wadih said the State requirement promoted the changes. Jim Rinehart said he wanted to know the specific of the ADA requirements. Jim Rinehart said he couldn’t understand why the changes were so extensive. Jim Klatte asked for the proponent to come forward.

Proponent Michael Burrows 4886 Old Irwin-Simpson Road, said the addition was approved by the state and they required that we add a door on the side. When we had to install the door, the ramp was a requirement. We thought we had to submit this as an “as built” which is the way the state wanted it. We thought this maintained the residential feel and we, in no way, wanted to offend this board. Jim Rinehart asked where are other homes in the neighborhood which have had the garage door removed. He inquired about why they put the door on the side and whether it is the ADA requirement. Jim Rinehart said he was upset on this one and it didn’t set right. Brian Leary asked about the interior elevation and the step down to the porch. The step down was removed from the front and there was a ramp across the front.

Charles Emret, 1379 Gibson Road, Loveland, 45140, said the ramp was higher than the original garage. The garage floor is 13 inches lower. The driveway was higher. He apologized for not being aware that their action would upset the Board. He said he drove to Columbus and talked to the state to try and get a variance. They thought it would look better from the street to put siding to match the rest of the house and he again said they didn’t want to upset anyone. The side door was the State requirement. Brian Leary said our desire was to keep this looking residential and make sure it blends in with the neighborhood. C. Emret said they truly didn’t understand that they were out of line when they removed the garage door and installed a window. Behind the garage door was a permanent wall. They spent $7000 in grading the concrete in the front. The State requires keeping the 1% pitch on the ramp, then, Bill Phillips with the State of Ohio, gave them a variance on the pitch of the ramp. He said the state had to approve the landscaping which went in front of where the garage door had formerly been. Jim Rinehart asked about the trucks which are exiting on the West side of Old Irwin-Simpson how much longer will they continue to do that? Jim Rinehart said that this is what upsets him. Jim Klatte asked for concerned citizens. There were none.

Board Discussion: Joe Walker, Assistant Law Director, said they needed to focus on the change to the garage door and debate whether this change “unreasonably hinders or discourages the appropriate development, use and enjoyment of adjacent land, buildings and structures.”

There was a discussion on the wording of a motion. Brian Leary said that any plans which were submitted prior to the State coming in and requiring ramps would no longer be in affect. Hayfaa Wadih said the staff checked on whether any mature trees were removed. They did not remove them and they were protected.

MOTION was introduced by James Klatte and seconded by Michael Kean to approve the modification for Case 2007-246 a Conditionally Permitted Use, as recommended.

The motion was approved on the following vote: AYES: James Klatte, James Rinehart, Michael Kean, Brian Leary and Gregory Porta. NOES: None. ABSENT: None. ABSTAIN: None.

__________________________________________________________________________________________

Joe Walker, Assistant Law Director, administered the oath to those giving testimony.

Case 2008-040 Requesting a variance to parking space requirement, 9751 Mason-Montgomery Rd., Marathon Oil / Dunkin Donut, demolition and rebuild

Staff Report Hayfaa Wadih explained the location of the property and said it was zoned General Business. Applicant is planning to demolish the main structure and rebuild the structure as a convenient store which will include a Dunkin Donuts. The proposed plan cannot meet Deerfield Township Zoning Resolution requirements for parking spaces and therefore applicant is requesting a variance to have fewer parking spaces than it is required by the code. Hayfaa Wadih explained the standards of approval as listed in Deerfield Township Zoning Resolution, Standards for Variance. The standards are listed in italic with continued staff findings to follow.

Standards for Variance

The variance required arises from special conditions of, or involving the property, which are unique,

that is a situation which is not ordinarily found in the same zoning district and that the situation results from the enforcement of this Resolution and not by an action or actions of the property owner,

the applicant, or any other person or party who has had control of the property;

The subject property is a small lot and the surrounding lots are built out. There is no chance for applicant to acquire additional land to accommodate the new structure.

The strict application of the provisions of this Resolution from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

The Deerfield Township Resolution parking requirement seems unreasonable in this case and the required number of parking is in excess to the need and use of the structure.

The variance desired will not adversely affect the public health, safety and morals; and

The proposed structure will actually improve the site. The site currently host four to five UHAUL tracks which give a very unpleasant view driving on Mason-Montgomery Road. Staff understands that the track will no longer be there with the addition of the new business.

The variance desired will not compromise the general spirit and intent of this Resolution.

The desired variance will meet the spirit and intent of DTZR which duty is to avoid adverse land use and mitigate any negative impact on the surrounding. The proposed new structure with the proposed new business will be an improvement to the site and to the area in general.

Hayfaa said the building is an old structure and this change will be welcomed.

Proponent Richard Hunter, Architect, 9394 Montgomery Road, said the company experience in many other locations proved that the few parking spaces are usually sufficient. He said most customers are in an out. Mike Kean asked him how much “sit down” space is included. Mr. Hunter said there would be 6-10 spaces for sitting. Brian Leary asked how many employees would work there. Mr. Hunter said 5-6. Greg Porta said there is one like this in West Chester and they have no problem with the number of parking spaces. He said convenience stores don’t need as many spaces as restaurants do. There was more discussion on numbers of visitors and employees cars to be parked. Greg Porta asked Hayfaa Wadih if the project will be subject to site plan review by the Zoning Commission and Hayfaa said yes. Jim Klatte asked for any concerned citizens who wanted to talk. There was none. Joe Walker said what we are dealing with is a mixed use of gas station / convenience store which makes it a good case for a variance.

MOTION Brian Leary moved, seconded by Gregory Porta, to approve granting the variance in Case 2008-040 based on the Standards for Variance, as recommended.

The motion was approved on the following vote: AYES: James Klatte, James Rinehart, Michael Kean, Brian Leary and Gregory Porta. NOES: None. ABSENT: None. ABSTAIN: None.

Old Business Brian Leary asked staff to investigate the signage at a used car lot next to Meineke Muffler across the street from Meijer on Route 22 and 3.

MOTION James Klatte moved, seconded by Mike Kean, to adjourn the meeting, as recommended.

The motion was approved on the following vote: AYES: James Klatte, James Rinehart, Michael Kean, Brian Leary and Gregory Porta. NOES: None. ABSENT: None. ABSTAIN: None.

____________________________________________________ _____________________________________

Michael Kean, Chairman Date James Rinehart, Secretary Date

G & H BZA03_13_08.MIN