Union City Planning Commission and Board of Zoning Appeals Meeting Minutes
 
First Quarter 2006
 
January 10, 2006, Meeting Minutes
February 14, 2006, Meeting Minutes
March 14, 2006, Meeting Minutes
 

January 10, 2006

PLANNING COMMISSION MEETING

Members Present:

Robert Packard

Lynne Thomas-Roth

John Hissong

Glynn Marsh

City Staff Members Present:

John Applegate

Denise Winemiller

Glen Green, Building Inspector

 

The planning commission meeting was called to order by Mrs. Thomas-Roth.

1. Mrs. Thomas-Roth asked if there were any additions or corrections to the minutes from the December 13, 2005, meeting. There were no corrections so Mayor Packard moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. Mrs. Thomas-Roth abstained, the other planning commission members voted for the motion and the minutes were accepted as prepared.

2. Discussion of changes in 1311.04 City of Union code pertaining to storage sheds and portable storage containers. Mr. Applegate said if the planning commission was agreeable, this ordinance would be forwarded to the council for their next meeting.

Mr. Applegate said they had discussed this a year ago about increasing the height of 11 feet to twelve feet for storage sheds, which is the standard.

The other change is adding three items pertaining to P.O.D.'s, which are storing or shipping containers that are now being used. The city has had trouble with these because of where they are located. The containers have been placed on sidewalks, in the front yard, in the street, etc. The city is requiring a twenty dollar permit fee to help off set the cost of monitoring the use of the containers in the city and making sure they do not obstruct the streets or sidewalks. The storage containers will only be allowed in a driveway.

Mr. Applegate said they would probably be contacting the company so they are aware that there will be a permit required and what the city regulations are.

In response to a question from Mrs. Thomas-Roth, Union will probably be one of the first cities to establish legislation concerning this.

In answering another questions, Mr. Applegate said these new regulations would not be confused with people having trailers, because the city has defined trailers as having wheels. Legislation preventing the storage of items in trailers already exists.

Mr. Marsh asked where the twelve foot height was determined for a shed. He has seen some units that the back of the unit is up to three feet above the ground due to the steep grade of the property. Mr. Applegate said they make the distinction of using the whole construction. Just because a property is sloped, does not affect the twelve foot height.

In response to Mr. Hissong, the largest a storage building can be is 12 x 12 feet. Mr. Applegate said workshops or garages can be built that are larger than twelve by twelve feet, but they would require a footer.

Mayor Packard moved that they forward the ordinance amending 1311.04 to the council for consideration. Mrs. Thomas-Roth seconded the motion. All concurred and the motion was passed.

3. Open Agenda

Mayor Packard asked about some low hanging branches over sidewalks. He mentioned a few locations. Mr. Applegate said if Mayor Packard knows of the addresses, he can contact the city and they can site the property owners.

Mr. Green said someone had reported several properties on a street and when Mr. Green notified them, the property owners had immediately trimmed the branches.

Mrs. Thomas-Roth asked about the memo to the planning commission that the meeting date in October be changed.

Mrs. Thomas-Roth then moved that the meeting date of Tuesday, October 10, be changed to Wednesday, October 11, 2006. Mayor Packard seconded the motion. All concurred and the motion passed. Mr. Marsh said he would not be able to attend a meeting on the second Wednesday.

4. Mrs. Thomas-Roth moved that the meeting be adjourned.

Mayor Packard seconded the motion. All concurred and the meeting was adjourned.

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February 14, 2006

PLANNING COMMISSION MEETING

Members Present:

Lynne Thomas-Roth

Robert Packard

Jerry Hissong

Al Butler

Glynn Marsh

City Staff Members Present:

John Applegate

Denise Winemiller

 

1. Mrs. Thomas-Roth called the February 14, 2006 Planning Commission meeting to order.

2. Mayor Packard said Mr. Shields, who had been the president of the planning commission, resigned. Mayor Packard moved that Mrs. Thomas-Roth be the president of the planning Commission. Mr. Marsh seconded the motion. All concurred and the motion was passed.

3. Mayor Packard asked Mr. Al Butler to step forward. Mr. Butler was sworn in as a member of the Planning Commission.

4. Mrs. Thomas Roth moved to adjourn the Planning Commission meeting. Mr. Marsh seconded the motion. All concurred and the meeting was adjourned.

 

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BOARD OF ZONING APPEALS MINUTES

Members Present:

Lynne Thomas-Roth

Glynn Marsh

Robert Packard

John Hissong

Al Butler

City Staff Members Present:

John Applegate

Denise Winemiller

 

1. Mrs. Lynne Thomas-Roth called the Board of Zoning Appeals meeting to order. All board members were present at the meeting.

2. Mrs. Thomas Roth asked if there were any additions or corrections of the minutes from January 10, 2006 meeting.

Mr. Marsh moved that the minutes be accepted as prepared. Mr. Hissong seconded the motion. Mr. Butler abstained, the other board members voted for the motion and the minutes were accepted.

3. 06-02 - Conditional Use permit application for Complete Electrical Service Inc., Earnest L, Pittman, to allow an electrical business at 219 West Martindale Road.

Mr. Applegate said Mr. Pittman has taken out a lease agreement with the property owner, Linda Combs. Under Commercial - 1 zoning, a business office is a conditional use. Under Section 1161.05 which deals with specific powers, relative to conditional uses. There are several things that the board needs to decide how they want to proceed with this application. In the past, the Board of Zoning Appeals has made the decision that the conditional use could be advertised in the newspaper, letters could be sent to the property owners and there would be a hearing at the next meeting. Mr. Applegate said they would recommend sending letters to the adjacent property owners which would be Ken Harvey, John Applegate, Julie Johnson, and Al Butler. He said the Board of Zoning Appeals can decide what kind of notification they want. The hearing would be held at the next Board of Zoning Appeals meeting.

Mr. Applegate said this business would be like the air conditioning, heating plumbing, shop category. Another person interested in the building wanted to use it for a pizza place.

Mr. Pittman said it would be an office for an electrical business. He said he did have a bucket truck that would be parked there.

He was asked how supplies were delivered and he said he would have cable delivered. They would be working 7:30 a.m. to 4:30 p.m. and there would be three employees.

In response to a question, Mr. Applegate said the map included with the application was originally used for the Happy Foods store and is there just to show the size of the building. It was submitted to meet the requirement of the city.

The board can grant a conditional use with certain requirements to be met, for example having the bucket truck be parked behind the building.

The hearing will give the applicant the opportunity to explain the nature of his business and what he plans to do so all the people adjacent to his property can attend and ask any questions and express any concerns they might have.

Mayor Packard moved that they notify the surrounding properties and have a conditional use hearing. Mr. Hissong seconded the motion. Mr. Butler abstained, the other board members voted for the motion and the motion to hold a conditional use hearing and contact adjacent property owners was passed.

4. Open Agenda

Mr. Applegate said he had another item to bring to the attention of the Board of Zoning Appeals. The owners of a property that had been annexed to the City of Union, Dick and Barbara Deal, were asking about a zoning change. They own property east of the Stillwater River, close to the airport. When the property came in through annexation, it was zoned as Agricultural-Residential. The Deals have been trying to decide how they want the property zoned. They would like the planning commission to initiate the rezoning of their property as Light-Industrial/Commercial zoning.

Mr. Marsh asked if this had been reviewed and falls within the master plan. Mr. Applegate said it is close. The master plan was completed before the property was brought in. Mr. and Mrs. Deal would be willing to come in and talk to the board about the zoning of the property.

Mr. Marsh said he was looking at the analysis of the 2005 zoning violations. Mr. Marsh asked what percentage of these were from adjoining property complaints and what were caught by the zoning inspector. Mr. Applegate said he would guess about 60/40. He said if you looked back over the past ten years, it was a lot of notices. Mr. Marsh asked about the number of homes cited for not getting permits. Mr. Applegate said that is why they always put a reminder in the spring newsletter. He said those complaints are frequently called in by neighbors.

Mr. Marsh said he thought this was more a pro-action stance than a re-action stance.

Mr. Applegate said they would be starting the pre-sale inspection the following week and it may be that eventually they would need a part time employee for the zoning violations. Mr. Applegate said it would be interesting to see what happens in the next few years with the pre-sale inspection. Mr. Marsh asked what part of town these violations were occurring. Mr. Applegate said they didn't have those statistics but they could go through the records and determine that.

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

 

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March 14, 2006

 

PLANNING COMMISSION MEETING

 

Members Present:

Robert Packard

Lynne Thomas-Roth

John Hissong

Glynn Marsh

Al Butler

 

City Staff Members Present:

Denise Winemiller

Glen Green, Building Inspector

 

Mrs. Thomas-Roth called the March 14, 2006 Planning Commission meeting to order.

Attendance was taken and all of the Planning Commission members were present. 1. Mrs. Thomas-Roth asked if there were any corrections on the minutes from the January 10, 2006 meeting. There were no corrections so Mayor Packard moved that the minutes be accepted as prepared. Mr. Marsh seconded the motion. Mr. Butler abstained, the other planning commission members voted for the motion and the minutes were accepted.

2. Mrs. Thomas-Roth asked if there were any corrections on the planning commission minutes from the February 14, 2006 meeting. Mr. Marsh moved that the minutes be accepted as prepared. Mayor Packard seconded the motion. All concurred and the minutes were accepted as prepared.

3. 06-04 - Application for change of zoning district requested by Five Rivers Vineyard Christian Fellowship, Inc. for 846 North Main Street.

The housing development plan was displayed for the planning commission members to see. This proposed change was from Agricultural-Residential (A-R) to Residential - 3, (R-3) Cluster Development. Mr. Green showed where the property was located on the map. Kip Deaton and Kirk Schlecxy, representatives for property owner Mr. Allen said he was proposing this plan to make better use of the property to benefit both the church and community and to supply a need for housing for retired citizens. There would be a concrete driveway added, replacing the existing asphalt drive. The homes would be brick except for some accent siding. The finished homes would be sold to individuals but the land would belong to an association and they would maintain the grounds.

Mr. Marsh asked if they had looked at the lot lay outs. Mr. Green said there would be some variances that would be required. Cluster development zoning has a minimum of 3 acres in R-3 zoning and an acre and one half open space area which would be owned and maintained by the home owner's association. Another difference with the cluster zoning is that in R-3 zoning, the lot is normally 9,500 square feet and the cluster zoning allows lots half that size. Mr. Green said actually more homes would be allowed in this area than what are presented in the plan. Another difference from the regular R-3 zoning is instead of a 30 foot rear yard requirement, only 21 feet is required in the cluster zoning. Mr. Green said this development will meet all of those zoning requirements.

Mrs. Thomas-Roth asked if Mr. Allen owned other land and if this development would impact any of the surrounding areas that is zoned agricultural. Mr. Green said there were two properties that were zoned agricultural-residential and one property to the south that was zoned industrial. Mrs. Winemiller said the property was annexed in the early 1990's and the property came in to the city as agricultural-residential.

Mr. Marsh asked if the traffic engineer reviewed that area because he was concerned about additional traffic. Mr. Green said that Mr. Applegate had not requested a traffic study on this since there were such few homes in the development. The homes will be for 55 and older and the developer anticipates the home owners will winter in Florida so there would not be as much traffic coming from the development and the traffic would not occur all at one time. In response to a question, it will be a gated community and there will be a turn-around outside the gate if someone can not get in. Mr. Marsh asked if there would be a problem related to the street width for fire trucks, etc. Mr. Green said it was a private community and the entrance was 18 feet wide. There would be no problem with fire equipment reaching the properties.

Mrs. Winemiller said they were asking for approval from the planning commission on the zoning change so it could be forwarded to the council for a public hearing date to be set. Mayor Packard moved that the planning commission approve the request for the zoning change and forward the application to the city council. Mr. Butler seconded the motion. Mr. Marsh said he would like to see the traffic report done on the area and include that as part of the motion. Mr. All concurred and the motion to send the application to the council and have a traffic study done was passed.

4. Open Agenda

Mrs. Thomas-Roth said that Mr. Marsh had brought to her attention that they should thank Mr. Larry Beyer for his years of service on the planning commission. Mrs. Thomas-Roth commented that the pre-sale inspection had started and she asked how that was proceeding.

Mr. Green said he had done two so far but the city was still in a transition period and working with the real estate agents. Many of the properties had already been listed. Mrs. Winemiller said that the city had contacted the Dayton Area Board of Realtors. Mr. Marsh said he had seen an error in the newspaper concerning the pre-sale inspections. He said the representative from Englewood was not acting as an advocate for the system. He was just invited to provide information.

5. Mr. Marsh moved that the planning commission meeting be adjourned. Mrs. Thomas-Roth seconded the motion. All concurred and the planning commission meeting was adjourned.

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BOARD OF ZONING APPEALS MEETING

 

Members Present:

Robert Packard

Lynne Thomas-Roth

John Hissong

Glynn Marsh

Al Butler

 

City Staff Members Present:

Denise Winemiller

Glen Green, Building Inspector

 

Mrs. Lynne Thomas-Roth called the Board of Zoning Appeals meeting to order. All board members were present at the meeting.

1. Mrs. Thomas-Roth asked if anyone had any corrections for the minutes of the February 14, 2006 meeting. Mr. Marsh moved that the minutes be accepted as prepared. Mayor Packard seconded the motion. All concurred and the Board of Zoning Appeals minutes were accepted as prepared.

2. 06-02 Conditional Use permit application for Complete Electrical Service, Earnest L. Pittman, to allow an electrical business at 219 West Martindale Road. Mrs. Thomas-Roth introduced Mr. Pittman and said as part of the conditional use hearing, the surrounding property owners were notified of the Board of Zoning Appeals meeting. Mrs. Winemiller asked Mr. Pittman to give them a brief overview.

Mr. Pittman said the building would be used as a business office for his electrical business and some material and equipment storage. The hours of operation are 7:30 a.m. to 4:00 p.m. He said occasionally, they might stay open a little later than 4:00 p.m. but he would never be starting the bucket truck any earlier than 7:30 a.m. He said for the after hours, emergency calls, his employees usually took their vehicles home and they would leave from their residences. Mayor Packard asked where Mr. Pittman would store the items. Mr. Harvey said he was concerned about where the bucket truck would be parked. He did not want to look out his window and see the bucket truck. They discussed some kind of fencing using landscaping screening. Mr. Pittman said the bucket truck would be parked at the side of the building.

Mr. Green said that one of the stipulations that Mr. Applegate had was that the bucket truck not be parked so it was visible from West Martindale Road. Mr. Harvey said as long as the building was used as an office with some storage and there was not a lot of material stored outside, that would be his only complaint. Mr. Green said that was another of the city's stipulations, was that wire and equipment be stored inside.

Mrs. Johnson asked why they were required to get a conditional use permit since the property was zoned C-1. Mr. Green said under C-1 conditional use it lists heating, air conditioning, and other kinds of service. Mrs. Johnson said the C-1 zoning allows a business office. It is allowed but since it is a office with equipment for electrical, it is allowed only as a conditional use. Mrs. Winemiller said a business office was more like banks and professional offices.

Mrs. Johnson said she did not want the storage of chemicals, etc. Mrs. Johnson asked if they could move the dumpster behind their building instead of next to the property line. She said when the trash is picked up at 6:30, it is quite noisy. She also asked if there would be a sign installed that would be shining into her window. Mr. Pittman said they would do some side lighting on the building and a sign where the Fox Concepts sign is located.

Mrs. Thomas-Roth asked if there were any other concerns. Mr. Marsh asked if they could enclose the truck in an 8 foot fence. Mr. Pittman said the truck was 12 feet high. Mr. Marsh said he would not want to have the truck come forward.

They discussed planting fast growing shrubbery. Mrs. Johnson suggested a privacy fence in the back. Mr. Pittman said he uses the truck at least three times a week. Mr. Marsh said he would like to hear where the truck would go. Mr. Pittman said he would consider the fast growing bushes.

Mr. Green said he would not be able to park the truck in the grass. He would have to park on the asphalted area or put in more black top or concrete. Mr. Pittman said he would try the shrubs and if that didn't work, he would try something else. He said he wanted to be a good neighbor.

Mr. Marsh said there is a kind of tree like a popular that can grow six to eight feet per year. Mr. Marsh also commented that they have a big enough lot that the building could be enlarged. Mr. Green said that Mr. Applegate wanted the conditional use to include the stipulation that the generator and bucket truck be kept to the back of the building.

Mr. Marsh asked how long he had been in business. Mr. Pittman said since September, 2001. Mrs. Johnson asked if moving the dumpster could be part of the permit.

Mayor Packard moved that the conditional application at 219 West Martindale be approved for Mr. Pittman with the conditions to be met that the truck and generator be stored at the rear of the property, and the dumpster be moved to the back, and fast growing shrubbery added to shield the truck. Mr. Hissong seconded the motion. Mayor Packard, Mrs. Thomas-Roth, Mr. Marsh and Mr. Hissong voted for the motion. Mr. Butler abstained.

3. 06-03 - Request for variance in the rear yard requested by Jeff Testerman for Lot 24, 103 Margaret's Run Court.

Mrs. Thomas-Roth said this had to do with the shape of the lot. Mr. Green said this was one of the older lots in the plat. Mr. Testerman builds a good house but it's hard to put a house on some of these lots.

This property is located in a cul-de-sac. Mr. Marsh said he had driven out there and looked at the lot. He asked if anyone had talked to the residents on Lot 25, to see if they had any objections. Mr. Green said the city has no objections. Mr. Marsh said he would have liked to have heard from the people next door since they are already established. Mr. Green said the amount required for the rear yard is thirty feet. The house has 28.5 feet but from the porch, it is 18.5 feet. The basic structure of the house would not be that close to the property line. Mr. Marsh said this was actually like two variances, a 1.5 foot variance for the back porch and one for the basic structure. Mr. Marsh acknowledged that the addition of the back porch was a good selling point. Mr. Green said they would like to make the porch 10 by 16, not any closer to the property line but wider. The porch will have a footer and foundation and could be enclosed or screened in at a later date.

Mayor Packard moved that they accept the variance at 103 Margaret's Run. Mrs. Thomas-Roth seconded the motion. All concurred and the variance was granted.

4. Open Agenda

There was nothing for the open agenda.

5. Mrs. Thomas-Roth declared that the Board of Zoning Appeals meeting was adjourned. All of the board members concurred and the meeting was adjourned.

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