November 3, 2009




Members Present: 


Mayor Patricia Goudy           

Lynne Thomas-Roth

Glynn Marsh                    



City Staff Members Present:                


John P. Applegate

Denise Winemiller



        The Board of Zoning Appeals meeting was called to order on November 3, 2009 by Mrs. Thomas-Roth.

        Attendance was taken and Mr. Bruns was out of town on business.

        1.      Mrs. Thomas-Roth asked if there were any corrections or additions to the minutes of the August 4, 2009 meeting.  Mr. Marsh said he had one question.  He said on the last application, they were going to ask for the property owner instead of Aristocrat Products to sign the application for a variance.  He asked if a new application had been submitted.  Mr. Applegate said a new application with the property owner’s signature had been turned in. 

        Mr. Marsh moved that the minutes be accepted as prepared.  Mrs. Thomas-Roth seconded the motion.  All concurred and the minutes were approved.

        2.      09-04     Special Exception request from Chris Clausen from Super Tech Automotive at 106 North Main Street for parking spaces in a new parking lot.

        Mr. Clausen was present. 

        Mr. Applegate said that Mr. Clausen was planning on a new building and a parking lot which complies with the Commercial-1 regulations.  This request just deals with the parking requirement.  Mr. Applegate said the regulations required parking spaces that were ten feet by twenty feet and Mr. Clausen was requesting parking that was nine feet by twenty feet and one space that was ten feet by nineteen feet.   Mr. Applegate said he and building/zoning inspector Glen Green had met with Mr. Clausen and it was their recommendation that this application be approved.

        Mr. Applegate asked if Mr. Clausen had any comments and he said due to space restrictions, he hoped that the exception would be granted.

        Mrs. Thomas-Roth asked where the parking spaces were located and Mr. Applegate indicated where the spaces were on the drawing.

        Mr. Applegate said this would be a nice addition to Main Street.

        Mr. Applegate indicated where the sign would be located on Main Street and in response to a question from Mr. Marsh, he said the sign would comply with all city sign regulations.

        On the application, Mr. Marsh suggested that the lot number be shown instead of the street address and that they use the location, subdivision, and legal description.  Mr. Applegate said the lot number 48 had been added to the application.

        Mr. Marsh asked about the proposed building and Mr. Clausen indicated it would it be a pole structure with steel siding and will match the existing structure. 

        Mr. Clausen said he wanted a Main Street exposure and location.  He said he was currently working in the building behind the lot at Marvin Music’s old place, at 101 North Montgomery.  He will operate in both the older building and the new building. 

        Mr. Marsh asked if he was the owner of both lots and what the name was on the property deed.  He said that he thought the property owner’s name should be on the application instead of the business name.  Mr. Clausen said he thought the deed was in his name but he would check on that.  Mr. Applegate said he will check with Mr. Moore, the city’s law director concerning Mr. Marsh’s question about the application.

        Mr. Clausen said he purchased both properties at the same time.  Mr. Marsh said he had no objections to the special exception but that Super Tech, the business, had no interest in the property.

        Mrs. Thomas-Roth asked if there would still be green space left and Mr. Applegate said the decorative trees would still be there in the city’s right of way.  The entrance and exit will still be in the alley because the driveway would be too close to the intersection and the city won’t allow too many curb cuts.  That is why the sign will be in that location.

        Since there were no more comments, Mrs. Thomas-Roth moved that the Special Exception request 09-04 for Chris Clausen be approved.  Mr. Marsh seconded the motion.  All concurred and the special exception request was approved.

        3.      Open Agenda

        There was a brief discussion on the flyer on the MVRPC pamphlet that was in the packets.   Mr. Applegate said that the MVRPC would prefer the area to stay the same and all the development go on in Dayton.  Mr. Applegate said they did have a copy of the City of Union’s land use plan. 

        4.      Mr. Marsh moved that the Board of Zoning Appeals meeting be adjourned.  Mrs. Thomas-Roth seconded the motion.  All concurred and the meeting was adjourned.