Union City Planning Commission and Board of Zoning Appeals Meeting Minutes
 
Second Quarter 2001
 
April 10, 2001, Meeting Minutes
April 17, 2001, Meeting Minutes
May 8, 2001, Meeting Minutes
June 12, 2001, Meeting Minutes
 
 

April 10, 2001

BOARD OF ZONING APPEALS MINUTES

Members Present:
Lawrence Beyer
Glynn Marsh
Mayor Packard
Dale Shields
Lynne Thomas-Roth
 
City Staff Members Present:
John Applegate
Denise Winemiller

Mr. Shields called the Board of Zoning Appeals meeting to order. Attendance was taken and all of the members were present.
1. Mr. Shields asked if there were any additions or corrections on the minutes from the March 13, 2001 meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. Mr. Shields abstained, the other members voted for the motion and the March 13, 2001 minutes were accepted as prepared.
2. 01-03 - Special Exception application from Samuel Lambros of Super Hair, requesting to have a players playground (pool hall) located at 102 South Main Street.
Mr. Applegate said that the special exception was for the parking spaces. For a pool hall, there are nine parking spaces required. Mr. Applegate said they had also had a special exception to eliminate the loading dock space required for Super Hair. At that time, they were in compliance with the parking by having fourteen spaces for the business, plus two required for the upstairs living area for a total of sixteen. There is now twenty-five spaces needed.
Mr. Lambros said there are four spaces in the garage which will take care of the two parking spaces requirements for the tenants. The spaces under the awning actually measure 17 to 18 feet per space. A regular parking space requires 10 feet by 20 feet so Mr. Lambrose said two cars could park within each of the spaces under the awning. The spaces in the parking lot were originally measured for ten foot spaces. On one side, there is four spaces that would hold two cars each and on the other side, there are three spaces that could fit two cars each and there is one other space that is ten feet. Mr. Lambrose said there were 23 spaces plus four additional ones in the garage. He said there were 27 spaces.
Mr. Applegate said the city requirements for parking spaces is 10 x 20. He said he had asked Mr. Lambros to draw up the lot showing the parking spaces. Mr. Applegate said he still needed to have a twenty-four foot entrance into the parking lot and more area between the parallel parking spaces (a minimum of at least 20 feet and a 24 foot entrance. Those things are still part of the requirement and they remove some of the area used for the parking spaces. Providing access will take away three spaces which takes it down to 24 spaces. Mr. Applegate said he has to maintain access. If the lot is full, it would be difficult for cars to exit. The number of spaces is not enough and also the ten foot requirement would also need to be waived to allow for nine foot wide spaces. Mr. Applegate added that most cars do not require the ten foot space and are smaller now. The regulations were designed back when the cars were larger than many cars today.
Mrs. Thomas Roth asked if they would be able to make a profit on the pool hall. Mr. Lambros said they would be charging $5.00 an hour per person, per table.
Mr. Beyer asked if they would be able to accommodate this request and how they could do it.
Mr. Applegate said they would have to waive the number of spaces, (3) and also waive the requirement of ten foot wide spaces. Mr. Beyer asked if they need to pass this on condition that the City Manager approves a corrected drawing. Mr. Applegate agreed. They would need a corrected drawing of the parking spaces. Mr. Applegate said he would need to have that before he would write a letter of compliance to the county so they could get a permit from the county for a commercial business.
Mr. Applegate said they were counting on walk in traffic but there was no more parking on State Route 48. Mr. Applegate said he was a little concerned about parking overflow.
Mr. Lambros said he had permission to use another lot.
Mr. Applegate also said that they had complaints about the sign at Super Hair. Mr. Lambros said that he had a new sign and Mr. Applegate told him he would need to get a permit for that.
Mr. Applegate suggested they not drop work stations for the hair salon - since if they would get busy, they would have to come back and ask for more parking spaces.
 
Mr. Beyer moved that Special Exception 01-03 be granted to Super Hair, to require a minimum of twenty parking spaces and to reduce the size of the spaces from ten feet wide to nine feet in width, subject to submitting a revised drawing and Mr. Applegate's subsequent approval of the revised drawing.
Mr. Marsh commented that by reducing the size, it would be setting a precedent. Mr. Applegate said it had been done before for a few other locations. Mr. Beyer says the Board of Zoning Appeals does have discretion on whether they grant permission or not and are not obligated to go by a precedent.
Mr. Shields seconded the motion. Mayor Packard and Mr. Marsh voted against the motion and Mr. Shields, Mrs. Thomas-Roth, and Mr. Beyer voted for the motion. The motion was passed.
3. 01-04 - Zoning variance requested by property owners' Casar Rodriguez and Joanette Rodriguez and contractor, All Season Remodeling, to extend a six foot fence into the front yard of a corner lot property on 101 Heckman Drive.

Mr. Applegate said this concerned a variance for the location of a fence for a front yard. On the Jay Road side, there is an existing house which is located ten feet back from the minimum building set back line. The property owners wanted a fence to be parallel to the Jay Road set back. It would extend about another eight feet. Mr. Spitter, the contractor had a picture of the house, showing several different angles. He explained how he wanted the fence to line up with the front of the
house. He explained it would make a nice appearance for the corner and also keep children from using the area as a foot ball field. It also would give the Rodriguez's a standard size back yard.
Mr. Applegate said he had seen the kids using the yard as a foot ball and soccer field.
The fence requested would be a standard, dog-eared, six foot privacy fence, which other neighbors have. The finished side of the fence will be to the exterior.
Mr. Applegate said they have approved some of these types of variances when there has been a foot traffic problem in the Concord Farms areas.
Mr. Marsh asked if the variance would violate the Union Ridge covenants. Mr. Applegate said that no six foot fences are permitted according to the covenants. Mr. Applegate explained to Mr. Rodriguez that if a resident objected to the six foot fence, they could take the homeowner to court. The city has no control over that and they wanted him to be aware of that.
Mayor Packard asked if the city granted a variance, would it affect the covenants. Mr. Applegate said that the variance would be for moving the fence into the front yard and permitting a six foot fence in the front yard instead of a four foot fence.
Mr. Spitzer submitted to the board letters from all of the contiguous neighbors that they would approve the fence. Mr. Beyer moved that they grant the variance for 01-04. Mrs. Thomas Roth seconded the motion. Mr. Marsh voted against the motion, and Mr. Shields, Mrs. Thomas-Roth, Mayor Packard, and Mr. Beyer voted for the motion. The variance was granted.
4. Mr. Shields moved that the meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the meeting was adjourned.
 
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April 17, 2001
 
PLANNING COMMISSION MINUTES
 
Members Present:
Glynn Marsh
Mayor Packard
Lawrence Beyer
Lynne Thomas- Roth
Dale Shields
City Staff Members Present:
John Applegate
Linda Ratcliff
Mr. Shields called the planning commission meeting to order. All of the members were present.
1. Mr. Shields asked if there were any additions or corrections to the minutes from the March 13, 2001 meeting.
There were none so Mayor Packard moved that the minutes be approved. Mr. Beyer seconded the motion. Mr. Shields abstained and the other members voted for the motion. The minutes were approved.
2. Byron Firsdon will present a preliminary plan for additional sections of Irongate Estates and Ryan Homes will display home design proposals.
Mr. Shields thanked everyone for attending the meeting and invited their comments. The current residents of Irongate Estates had been contacted by the city concerning the planning commission meeting.
Mr. Applegate explained that there would be a sale of the undeveloped land in Irongate Estates and the new owners are Byron Firsdon and Bruce Anderson who were attending the meeting.
Mr. Applegate invited them to speak concerning their plans for Irongate Estates.
The engineering firm for the project, Thomas Winemiller and Associates, said they were the original engineers for the plat. About thirty to forty percent of the plat is already developed, including a pool. Approximately sixty percent of the ground has yet to be developed and Mr. Winemiller said there have been some minor changes made.
The water system will remain the same, with an eight inch line, which is an adequate water supply and pressure.
The second item is the storm sewer. The storm run off will go to the city owned drainage ditch. Eventually there will be a detention pond and concrete channels installed. The storm sewer pattern will be slightly changed because some of the lots have been repositioned.
The third change is that the road pattern has been changed. The zoning in the area is R-3 which allows for a ninety-five hundred square foot lot area which would be 80 by 120 feet. The R-3 zoning allows 80 foot wide lots with ten foot side yards and front and rear yards of 30 feet. Some of the lots have been reconfigured and by rearranging the road pattern, there has been an extra ten lots added. All the lots in the already developed sections will stay the same. The only ones that will change will be those on the undeveloped ground located on the west side and they will all conform to the city's current zoning regulations. Mr. Winemiller showed a map detailing both the old preliminary plan and the proposed preliminary plan.
An entrance to Irongate Drive off of Phillipsburg-Union Road has been eliminated partially because there is Verizon telephone switching equipment located there.
The fourth change is to allow for basements so there will be a change in the sewer line. It will run along Phillipsburg-Union Road and pick up four to five feet of depth. The new sewer will be larger that the original one planned.
There was a discussion on if there would be an additional road added.
A person from the audience was concerned about the drainage. Mr. Winemiller said storm water is very bad running off a farm field and there should be improvement when the land is developed.
Mr. Applegate said they have made some improvements in the area, like the replacement of existing storm pipe under Phillipsburg-Union Road.
A few of the residents had questions about the change of lot sizes. Mr. Winemiller said originally each builder had committed to purchasing lots and the lot size was partly determined by the size and style of the homes that were built by the original proposed builders.
A resident asked about the omission of the tennis courts, play grounds, and green spaces. He said on the new plan, there is a detention pond where there should have been a playground area or tennis courts. He said Mr. Dries had informed them of those recreational facilities at a meeting held at the club house.
Mr. Applegate said it had not appeared on plans or come up in any city meeting.
Mr. Beyer said that anything that a builder or former developer told the resident, it was between the builder or developer and the residents.
Mr. Beyer said certain covenants were drawn up and are not enforceable by the city - they are a contract between the developer and the home owners.
Part of the plat had not been platted out and as long as they comply with the city zoning requirements, there is not much the city can do to make changes in the development plans.
 
A person from the audience, Mr. Behrens, explained why he had chosen his particular lot on Pinnacle Drive and did not like the new design of the roads. He asked why they were switching plans after the preliminary plan was approved.
Mr. Beyer said they were told the same things and the development had not progressed.
Mr. Behrens was upset about the change in the roads allowing ten more lots.
Mr. Beyer said the city first heard of the sale in December, 2000. They had expected presentations for the last several months, and at the last meeting, they decided to invite the current homeowners in Irongate Estates.
Mr. Behrens said he appreciated that but he asked that the city not make any changes and wait for the housing market to change.
He said he wanted the layout that was promised and that was approved by the city. He said they were trying to protect their investment.
Mr. Winemiller said that some homes are built in developments over a fifteen year span and there are very few developments that do not have various changes over the years from the preliminary plans. The owner of the undeveloped land has the right to develop it according to the way it is zoned. He added that if the development would stagnate, property values would go down.
Mr. Behrens wanted only changes made that they would be satisfied with.

Mr. Beyer explained that the city's minimum size homes are 1,400 square feet, and the Irongate covenants are 1,530 square feet. The city can not stop them from building homes under 1,530 square feet because that size house does comply with the City of Union's zoning.
Mr. Behrens suggested that they keep the lots sizes the same and put in the 1,400 square foot homes, but not increase the amount of lots.
 
Currently Irongate streets are 32 feet wide. The existing roads will not change.
Mayor Packard said that this is the first time that the planning commission had seen the new plan and they had asked the residents to attend in case they had concerns.
When asked if there would be a different homeowners association with new covenants, Mr. Applegate said that the only covenant that was being changed was the 1,530 square foot requirement for home sizes. Mr. Applegate said the compromise that was made was that twenty percent of the lots could be built between 1,400 square feet to 1,530 square feet as long as they had full basements. Everything else stays the same and that is what the new developer agreed to.
Mr. Applegate said they didn't know until the last meeting that Ryan Homes would be building. He said they had not contacted the residents in Irongate because they didn't have any information yet. He suggested they should let Ryan Homes address the commission and tell them what their plans were for housing.
Mr. Firsdon said that they would still try to accommodate houses that were already built. He said by lowering the size of lots, the prices for the lots would
be lowered so the marketing potential is greater. Irongate has slowed down over the years and he said he felt it would not survive. He said that more homeowners were needed to support the pool and other benefits. Mr. Firsdon said for the property to appreciate, the area needs to be prosperous and have activity. He said there were nice homes in Irongate Estates now and he felt that building nice homes would continue.
Mr. Firsdon said as a compromise, he agreed that no more than twenty percent of the lots would contain 1,400 square foot homes.
 
Mr. Firsdon said that the 26 lots in the earlier sections and 38 lots in section five, will all be unchanged and there will be no 1,400 square foot lots in the sections one through five. That area will stay the way it is.
A resident asked if the street lights would remain the same. Mr. Firsdon said they will stay the same in the first four sections.
Mr. Behrens said his home was 2,200 square feet and he was not happy that they would accept 1,400 square feet. He thought smaller lots would encourage smaller homes.
Mr. Firsdon said on Kittridge Road, they have homes with 60 foot wide lots and have houses from 1,800 to 2,600 square feet. He said prices could range from $140,000 to $175,000 and in the same development, there are houses that were $180,000 to $260,000. He said people's perception of value in a subdivision are when the development is upscale, and the lots are maintained and landscaped. Value does not depend on the size of homes.
Mr. Applegate said they had done an analysis of the square footage amounts for the homes in Irongate Estates and he read those figures to the residents. Mr. Firsdon said the average square footage was a medium size home, between 1,500 to 1,700 square feet.
Mayor Packard asked if the street lay out could stay the way it was originally. Mr. Firsdon said the new lay out had roads with curvatures and bends on the street, to give the development a personality.
Mr. Behrens was still concerned about the new layout.
A presentation was given by a representative from Ryan Homes. He said years ago, they were considered a first time home builder. Now their homes are designed for the second, third, or move up buyers. They build homes from the $120,000 to $450,000 range. The average sale price in the Dayton area is $202,000.
 
Ryan Homes determined that Irongate is not a first time home buyer development and they were approached by Mr. Firsdon and feel there is a good market for homes in this area.
Another representative from Ryan Homes said the model home they are building will be a 2,000 square foot home. They anticipate selling a product that would be in the 1,600 to 2,000 square foot range and that eighty percent would be that market and twenty percent would be less than 1,600 square foot range. The prices should range from $150,000 to $170,000 up to $200,000. There will be a mixture of two story homes and ranch style homes. They do want to be consistent with the existing neighborhood. The first section planned for building will be off of Phillipsburg-Union Road and has thirty-nine lots.
Mr. Firsdon said the new lay out will reduce traffic and slow down existing traffic.
Mr. Applegate said that brick facades have been required in the front and is a minimum zoning requirement. The house can also be solid brick.
Ryan Homes will have one decorative model home built. They will be the exclusive builder in sections five through eight but there will be other builders in the first four sections.
Ryan Homes will offer five or six homes, each with different elevations. The exteriors will have different looks. No homes with similar elevation are allowed within two lots of the same home.
Mr. Behrens said that they were all to be custom homes - not model homes, when he first bought into the development.
Mr. Beyer said in the Ryan Homes brochure, they show the different changes, with different roof lines, covered porches, half porches, full or partial brick fronts, differences for each home.
Someone asked if there were more plans for an additional pool or clubhouse. Mr. Firsdon said nothing else was proposed.
Mr. Applegate said in Concord Meadows, the lot sizes were 65 feet to 75 feet by 100 feet in depth. Home being built there have been 1,400, 1,636, 1,705, 1,732, 1,652 square feet, all with full basements.
Union Ridge came in with a 1,200 square foot home size minimum and only one is that size. The rest are above 1,400 square feet. With smaller lots, you occasionally get a small home but most are 1,500 to 1,600 square foot. Basements, since they are unfinished, are not figured in with the square footage. This seems to be a trend in the city when larger homes are built than the minimum requirements.
The Ryan Homes representative said the city was in the beginnings of a growth spurt.

Mr. Marsh asked if they would put up a model and still have others under construction. They answered that they don't usually build the home first - they sell the home before they build it. They also frequently sell people their first home and then are able to sell them the second home within the next five to seven years.
Mr. Behrens still questioned the new street lay out. Residents were also concerned about the pool being too small for the entire development.
Mr. Beyer said that no one would get one hundred percent of what they wanted in this situation.
Mr. Behrens asked if they could be notified again of the next meeting.
Mr. Applegate said this was the conceptual, preliminary plan. They would need to still submit the preliminary plan and have that reviewed by the city engineers. This was a special meeting just for this group. The next planning commission meeting would be May 8, 2001.
 
Mr. Beyer asked if they would want some agreement in the minutes that the developer, Mr. Firsdon, the engineer, and Ryan Homes will get together and meet and try to solve the situation and come back hopefully at the May 8th planning commission meeting with a more tied down plan taking into consideration the residents' concerns that are here tonight and maybe even meet with the city manager.
Mr. Shields asked if there were any more questions for the builders. There were none.
Mr. Beyer invited everyone to come back on May 8 to the next meeting. A resident invited Mr. Firsdon to meet with them at the club house to go over the existing covenants. Mr. Firsdon agreed to do that.
Mr. Marsh asked about an exit road to the adjoining Hartman property. He said he felt that was a must. He also was concerned about the woods at the back corner. He asked if a portion of the trees could be saved.
Mr. Firsdon said they would look at that and see if those lots sizes could be larger and they could see if they could save some of the trees.
All the homes will be single family homes.

The preliminary plan will not be voted on at this meeting and they are invited to the May 8th meeting to present the preliminary plan. This is the first time the plan has been presented to both the planning commission and the public.
3. Mayor Packard moved that the meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the meeting was adjourned.
 
 
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May 8, 2001
 
PLANNING COMMISSION MINUTES
 
 
Members Present:
Glynn Marsh
Mayor Packard
Lawrence Beyer
Lynne Thomas- Roth
Dale Shields
City Staff Members Present:
John Applegate
Denise Winemiller
The Planning Commission meeting was called to order by Mr. Shields. Attendance was taken and all of the commission members were present.
1. Mr. Shields asked if there were any additions or corrections for the minutes from April 17, 2001. Mr. Beyer questioned a portion of the minutes. In the minutes, he said a statement was made that the next meeting would be on May 8, and that he invited everyone back to the meeting. Mr. Beyer checked to see if the other planning commission members had expected Mr. Firsdon to attend the May 8 meeting. Mr. Applegate said yes, they had expected Mr. Firsdon and Ryan Homes to attend. Mr. Beyer said he would like the minutes to be changed to reflect that and that he would approve the minutes with that correction made. Mr. Applegate said the city passed out notices to the existing Irongate Estates residents that there would not be a discussion on Irongate Estates at the May 8 meeting.
Mr. Beyer's motion was that the minutes of April 17 be corrected to show that they expected Mr. Firsdon to attend the May 8 meeting and Mr. Firsdon and associates had agreed but then they didn't come to the May 8 meeting. Mr. Beyer said that the minutes don't reflect that the commission had expected Mr. Firsdon to attend.
Mr. Applegate said they would listen to the tape of the minutes to make sure that Mr. Firsdon did agree along with Ryan Homes that they would make an alteration in their plans and return to the meeting with a new presentation.
Mr. Beyer said he was willing to table the minutes until they could listen to the tape.
There was no second to approve the minutes with the correction.
Mayor Packard then moved to table the minutes. Mr. Shields seconded the motion. All concurred and the motion to table the acceptance of the minutes was passed.
2. 01-07 - Preliminary plan for Stoney Farms.
Mr. Applegate introduced Mr. Dale Voisard and Mr. George Oberer Jr. from Oberer Development to present the plans for development on the east side of the river.
The preliminary plans were passed out to the planning commission members. Mr. Oberer said they had asked for R-3 zoning on the entire tract but there will be two neighborhoods. On one, there will be 9,600 square foot lots, 141 total lots, a primary entrance off Frederick at Furnas Road, a maintained landscape buffer. A main boulevard entrance will be created that will focus on a central park so as you drive into the community, you will look upon a pavilion. The park area will be owned and maintained by the homeowner's association. There will also be landscape buffers along the main boulevard. The park will include walking paths. The developer will create names for each section.

The other area will have larger estate lots with a similar entrance off of Old Springfield Road. There would be a primary boulevard into the development with another park, pavilion, and walking paths. The same buffer will be maintained along Old Springfield Road. There will be areas that will be fenced.
The homeowners association will be taking care of the park area and have architectural control and own the common areas.
Mr. Oberer said the family has requested that they maintain the name of the horse farm that was originally located in the one section.
Mr. Applegate said if the park property was owned by the homeowner's association, they could control it and the land would be considered private, not public property.
Mr. Oberer said they hoped to develop both areas at the same time.
Part of the wooded area can not be developed since it is located in the flood plain. Since they can not use it, they have utilized that space as an amenity for the people residing in the development.
The fencing along the boulevard will probably be vinyl that looks like wood. It would require almost no maintenance.
Mr. Oberer showed them a concept of the entrance. Signs at both entrances will be similar.
Mr. Applegate commented he liked what he saw, looking at the boulevards but he asked if they would allow storage sheds in the new development. Mr. Oberer said they would probably have to but they would have very strict architectural controls on what was put in so colors, trim, materials, and roof pitches should match the homes.
Mr. Beyer asked if Mr. Oberer would back and enforce the guidelines. Mr. Oberer said they would. They will also be sure to control fencing.
 
Mr. Shields asked what size of tree will line the boulevard. Mr. Oberer said sometimes it depends on what the nursery has in stock. He said that on the primary roads, they would try for 2 ½ inches diameter in size and smaller trees on the secondary roads.
They are proposing to start construction in August.
Mr. Applegate said this development is offering the type of amenities that people want. Mr. Oberer said they try to create amenities that are practical and useful but still easy to maintain.
Mr. Oberer said they were excited and pleased with the lay out of the development.
Mr. Marsh asked if Mr. Oaks had reviewed this for traffic flow. Mr. Applegate said Mr. Oaks was glad to see there were two entrances. Mr. Applegate said Mr. Oaks said with that amount of traffic, there should not be a problem but Mr. Applegate said he would show him the preliminary plan.
Mr. Marsh asked about problems with the cul-de-sacs during snow removal. Mr. Applegate said it was always more difficult but it was hard to get away from having cul-de-sacs because many people preferred them.
Mr. Marsh asked if they would be required to put sidewalks along Old Springfield and Frederick. Mr. Applegate said there would be room to add sidewalks and curb in the future. There are no sidewalks in the area now. He said he would not be opposed to sidewalks. Mr. Applegate said there would be curbs.

Mr. Oberer indicated that the cost of homes would range from $160,000 to $225,000 in the east section and $225,000 to $350,000 range or higher in the west section.
Currently, there is nothing similar to this kind of development in northern Montgomery County.
 
There will be 231 homes and the development will take approximately seven years to complete.
Mr. Packard moved to accept the preliminary plan for Stoney Farms. Mr. Beyer seconded the motion. All concurred and the motion was passed.

There was a brief discussion of displaying the plans for the public. Mr. Beyer pointed out that it had not been done for other developments. Mr. Applegate said they had done it for Mill Ridge Village and this was a totally different concept and a positive step for the community.
Mr. Marsh asked if on the application, they would include street lights. The development will have decorative street lights and mailboxes.
 
Mr. Applegate also wished to discuss Union Springs. He said David Winemiller was present to represent the Union Springs developer. The development is for 55 years and older. There are four houses built and two have been sold.
Mr. Applegate said the developers came in and talked to him last week. Some of the potential home buyers feel that if they need to sell the homes, they could not sell to their sons or daughters, and would lose a significant share of the potential buyers since the people would have to be 55 years and older.
The streets were originally going to be private and did not comply with city standards. If the concept is changed, they will have to bring the streets up to city standards. They will have to widen the streets to keep within the existing fifty foot right-a-way.
The developer agreed with that.
 
Mr. Winemiller said they would probably discontinue the idea of a gated community. They would have to modify the street width.
Mr. Marsh said if it would continue to be a gated community, it would shut out other people that would be paying taxes to support those streets.
They will still keep the clubhouse by the pond and it will still be privately owned.
Mr. Beyer asked if they would have to submit a new plan. Mr. Applegate said they had complied with subdivision regulations and the basic layout would be the same.
The ground is currently zoned R-PUD which allows for a little more variety in the zoning. They have talked to Mr. Oberer about doing the Old Town series of homes.
Mr. Applegate said Jeff Testerman is building some doubles in Concord North and those are nice.

Mr. Marsh said he had heard comments that some people that were looking at Union Springs did not like the idea of a gated community.
Mr. Winemiller said there was very limited resale possibilities since it needed to be sold to people 55 years and older. They feel there is a need for a change in the concept for the development.
Mr. Beyer said, for the record, that he had expected Mr. Firsdon and his associates to be present at the May 8, planning commission meeting. Mr. Beyer said he felt it was not good that they had not attended the meeting. He added that the planning commission was first approached in December but then Mr. Firsdon did not attend or send representatives to the January and February meetings. He said he understood that there would be an informal meeting with Ryan Homes and Mr. Applegate and possibly a few planning commission members. He said it would not be an official meeting since there would not be a quorum. Mr. Beyer said he wanted to state for the record that Mr. Applegate is authorized along with any attending members of the planning commission to tell Mr. Firsdon and Ryan Homes that Mr. Beyer would be opposed to changing regulations like concrete driveways, overhangs, etc.
Mr. Beyer said he felt that it was not good that Mr. Firsdon was absent from the meeting because he felt that once they decided to go forward, they would want the city to move very quickly to get everything approved and that is why he wanted to establish by listening to the recording of the minutes of the last meeting, that the developers had failed to attend a meeting and created a delay in this process.
3. Mr. Beyer moved that the meeting be adjourned. Mayor Packard seconded the motion. All concurred and the planning commission meeting was adjourned.
 
 
 
BOARD OF ZONING APPEALS MINUTES
 
Members Present:
Lawrence Beyer
Glynn Marsh
Mayor Packard
Dale Shields
Lynne Thomas-Roth
 
City Staff Members Present:
John Applegate
Denise Winemiller

Mr. Shields called the Board of Zoning Appeals meeting to order. Attendance was taken and all of the board of zoning appeals members were present.
1. Mr. Shields asked if there were any additions or corrections to the minutes of the April 10, 2001 meeting.
There were none so Mr. Beyer moved to approve the minutes from the April 10 meeting. Mr. Marsh seconded the motion. All concurred and the minutes were approved.
2. 01-05 - Zoning variance request from Gerald Deaton, Balsbaugh Builders for a variance in the front yard of 148 Union Ridge.
Mr. Applegate referred to the last page of the application, showing the intersection of Jacobson Court and Union Ridge. The way the cul-de-sac is laid out, this is an unusual sized lot. The proposed structure could be reduced in size but in relation to the other properties, it would look better the way it is proposed. Mr. Deaton showed the board a plot plan. The house has a side load garage. Mr. Applegate said to place the house differently, would eliminate most of the rear yard. The house is 1,684 square feet.
Mr. Marsh moved that the variance be approved since he was building a larger size house. Mr. Packard seconded the motion. All concurred and the variance was approved.
3. 01-06 - Zoning variance requested by Reese's Restoration for side yard variance for property located in Clemmons Cove, lot 2, 590 and 588 West Martindale Road.
Mr. Applegate said Mr. Reese was present. They need to have the side yard reduced to 9.2 feet. Each side of the double is 2,500 square foot. The code says 8 feet per side yard with a total combined side yard of no less than twenty feet.
Mr. Beyer moved that 01-06 be approved. Mrs. Thomas-Roth seconded the motion. All concurred and the variance was approved.
4. Mr. Packard moved that the Board of Zoning Appeals meeting be adjourned. Mr. Marsh seconded the motion. All concurred and the Board of Zoning Appeals meeting was adjourned.
 
 
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June 12, 2001
 
PLANNING COMMISSION MINUTES
 
 
Members Present:
Glynn Marsh
Mayor Packard
Dale Shields

City Staff Members Present:
John Applegate
Denise Winemiller
 
Mr. Shields called the planning commission meeting to order. Attendance was taken and Mrs. Lynne Thomas-Roth and Mr. Lawrence Beyer were absent.
1. Mr. Shields asked if there were any further additions or corrections on the minutes from the April 17, 2001 planning commission meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Shields seconded the motion. All concurred and the minutes were accepted as prepared.
2. Mr. Shields then asked if there were any additions or corrections to the minutes from the May 8, 2001 meeting. There were none so Mayor Packard moved that the minutes be approved. Mr. Marsh seconded the motion. All concurred and the minutes were approved.
3. Ryan Homes was to be present to discuss waiving the requirements for OSB sub-sheathing.
 
Mr. Applegate introduced Byron Firsdon and Bruce Anderson, the developers. He said he thought that Dan from Ryan Homes would be present. Mr. Applegate said he,
the mayor, and Mr. Marsh met with several people, Byron Firsdon, Dan Nunneri, and Jeffrey T. Casey, director of production for the Mideast region for Ryan Homes. They had some questions about the city's requirements, particularly about the OSB sub-sheathing. They use blue Thermo-Ply sheathing which Mr. Applegate had already shown the commission members prior to the start of the meeting.
Mr. Applegate passed out some samples of what is being used. Mr. Applegate said he also had another person look at the material, Glen Green, a builder, former manager of Erb Lumber. Mr. Green suggested the city have a panel nailed up and exposed for several weeks which they did. The panel has now been outside for four weeks, exposed to the elements. Mr. Applegate had Bob Farrier, a plan review and building inspector, look at the panel. Mr. Applegate said it seems to be the consensus of everyone that using the material, if properly installed, would not cause a problem. Mr. Applegate said if they would see a problem in the field, they could go back and change their decision. Mr. Applegate said he was not against new products or new materials but that Ryan Homes would need to be aware that they could change the requirements if they weren't satisfied with the way the homes were being constructed. He said he wished a representative from Ryan Homes was present so they could hear this discussion. If there was something that the city didn't like, they would change the decision. Mr. Applegate said they would expect a good home and Ryan Homes would be held to that. Mr. Applegate said the concerns he had were satisfied as long as everything would be done properly.
Mr. Applegate showed a sample of the Alcoa vinyl siding that is currently installed on the homes.
 
Mr. Firsdon said that to alleviate any concerns that the commission had was because when vinyl siding is used, OSB board is required. The purpose of this requirement is to eliminate the wave in the siding and to provide more rigidity. Mr. Firsdon said they were going to a thicker, more rigid Alcoa vinyl so they felt they had already accomplished what Union wanted. He said Ryan Homes was going for a more expensive product than the OSB board and in addition, they are going to a more expensive rigid vinyl. Mr. Firsdon said when they panalize these, the OSB board is thicker. This will save on weight on trucking. In most places, OSB is not required and to change over all their plants would not be possible. They hope making these other concessions would be enough to satisfy the requirement.
Mr. Firsdon asked for a clarification or illustration on something that might be going wrong that the city's inspector would question enough to reverse their decision. Mr. Applegate said for example, the manufacturer's recommendations say three inch nail spacing, not to exceed sixteen inches on center and in a few other cases, they will go out and see what he considers "shoddy workmanship". He said they would bring that to their attention if it is not properly installed. He said if that would continue to occur, they would consider a change back because OSB board can be nailed anywhere. He said if people can't seem to hit the studs, the builders would have to get a new work crew or change back to the OSB board. Mr. Applegate said their goal is to have a good product and a home that is built well and will last and hold its property value.
Mr. Firsdon said techniques and products have improved over the years and he said he felt that people don't try to take short cuts. Mr. Applegate said that is correct but people still want to build homes with no over hangs, one car garages, and asphalt driveways. Mr. Applegate said they want to change and set a high standard and that manufacturer's specifications should be followed. Mr. Firsdon asked that if Mr. Applegate ever found that kind of a situation, that he would notify the developer, since he would have so much invested. He asked that their comments would not stop with the superintendent but would come to him so he could contact the right people. Mr. Applegate said if problems would not be handled, the city would stop production of the homes so Mr. Firsdon would be aware of any problems.

Mayor Packard said within the last eighteen years, they have raised the standards of homes and they are holding the city manager to maintain that standard.
Mr. Shields asked if when the rough framing was done, if they could see the three inch nailing requirement. Mr. Applegate said they will make a special point to check for that. If it would be missed, they would see a row of staples lying along the stud. He said you would be able to see improper construction before the insulation is installed. Mr. Shields was concerned about the thinner material and that it should definitely be installed correctly.
Mr. Applegate said they have asked that they do the corner metal T-bracing and they have agreed to do that. This will also help the rigidity. The specifications say that the Thermo-ply will structurally do the same thing as OSB board.
Mr. Marsh said Ryan Homes, as a factory, will assemble the panels. Once it reaches Union, a subcontractor will put it together and they will be overseen by a supervisor from Ryan Homes.
Mr. Applegate asked that Ryan Homes put into writing what they would be using and that they would follow manufacturer's required installation specifications and the t-metal bracing would be used at all corners and the minimum .044 Alcoa vinyl siding be installed so the city would not have to rely on the minutes of the June 12 planning commission meeting and earlier discussion before the city would officially waive the OSB sub-sheathing board requirement. Mr. Applegate said then he could distribute the copies to the planning commission members. Mr. Marsh asked if Ryan Homes would not come into Union unless the city agreed to waive this OSB requirement and both Mr. Firsdon and Mr. Applegate said they thought that was true. Mr. Applegate said it is easier for Ryan Homes to keep things the same thickness so they don't have to change or adjust equipment to cut out windows, doors, etc. and they are building other homes in the area.
Mr. Marsh said there were no minutes from the other meeting since it was not a public meeting and he wanted to get some of those statements said into this meeting's minutes.
Mr. Firsdon said in some other developments they had a very competent framing crew and the consistency in the framing leads to a better quality job.
Mr. Applegate said they have seen some other builders with bad crews working and mistakes have been caught in the inspections where they find things that have not been nailed properly.
Mr. Marsh asked if a framing inspection was done before there was any interior work. Mr. Applegate said they wait until electrical, heating, plumbing, and cable is installed. There is no insulation or drywall. The city inspector will check for all approval tags and make sure the framing is completed. Sometimes framing is not done incorrectly but the city requires and expects certain things. Mr. Applegate said they want a product that they can be proud of. Mr. Marsh said he wants homes that are still in good shape after thirty years.
Mr. Applegate also noted that Ryan agreed to the overhangs, sodding in front, side, and fifteen feet in the rear yard, and that their models would be brick. Mr. Applegate said it was unfortunate that Ryan Homes was not present. Mr. Applegate said they needed to put this in writing.
 
Mr. Firsdon said Ryan Homes were within his development and he wanted to make sure they were in compliance.
Mr. Marsh asked if Ryan Homes had an agreement with Mr. Firsdon that they would be the exclusive builder for sections five, six, seven and eight. Mr. Firsdon said that was correct. Mr. Firsdon said the rest of sections one through four, would be open to all builders, including Ryan Homes. Mr. Applegate said Mr. Firsdon had agreed to a brick facade for sections one through four to continue the continuity and Mr. Firsdon said that was correct. Mr. Applegate said the models were to be all brick. Mr. Anderson said he was not sure they agreed to one hundred percent brick on the models. Mr. Applegate said they have brick elevations for an option to the homes. He said the models would have the brick options which shows brick on sides, front and rear. Mr. Applegate said that was important and that would set the stage - by creating the best appearance.
Mr. Anderson said under the covenants, if the plan says there will be no brick, they will be allowed to approve it in the newer sections. They did agree that all the homes in the older sections would have some brick.
Mr. Marsh said they expected preliminary plans to be presented in July and Mr. Firsdon said that was their intention.
Mr. Applegate said they had asked to start the first model and Mr. Applegate said as long as the lot was surveyed, it would be permitted. Because the interest rates are down and the market is moving, Mr. Applegate gave his approval so they could get started. Mr. Marsh said he had no problem with the model being started as long as they had assurances that the preliminary plan will be presented in July. Mr. Firsdon said they would be there.
Mr. Marsh moved that the City of Union would waive the requirement for OSB board on Ryan Homes subject to quality control in the field in the future and receiving a letter of understanding from Ryan Homes for the items discussed at this meeting. Mr. Shields seconded the motion. All concurred and the motion was passed.
Mr. Applegate said he would provide the planning commission with a copy of the rough draft of the minutes.
4. Discussion of square footage calculations for new homes.
Mr. Applegate said they have had within the regulations adopted in 1973, a definition of square footage of homes. Mr. Applegate read the information to the council.

(27) "Floor area of a residential building" means the sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
They have a minimum square footage requirement of 1400 square feet for new homes. There has been a few times where, within the existing roof support system, (not a covered patio) builders have taken advantage of this. A builder now has a building that is roughly only 1200 square feet but with a front and rear porch, they meet the city's minimum. Mr. Applegate said now he is concerned that some abuse will occur. He said, depending on how the planning commission felt, they should consider deleting covered porches from the definition and also consider if they want to calculate interior walls or exterior walls to compute the square footage. Some people do it either way but Mr. Bob Farrier, Union's building reviewer, felt it should stay with interior footage. Mr. Applegate said he felt they should firm up the definition of the square footage area. If the basement is finished, it would be part of the interior square footage. If not finished before the final inspection, it would not be.
Mayor Packard asked if footers were required under porches and Mr. Applegate said they are. Frequently they are enclosed afterwards but the city has already required proper footers and roofing. Mr. Applegate said he was concerned that this could be a problem. He asked if they could have a recommendation from the planning commission to forward this to council.

Mr. Marsh moved to eliminate in section 27, the definitions, deleting "including the area of roofed porches and roofed terraces". Mr. Shields seconded the motion. All concurred and the motion was passed.
Mr. Applegate said this would need to go before the council to set a public hearing since it was part of the zoning regulations. He said they would request that the ordinance be passed as an emergency and be effective immediately.

Mr. Applegate asked if the planning commission members could be present at the meeting for the public hearing.
7. Mayor Packard moved that the meeting be adjourned. Mr. Shields seconded the motion. All concurred and the planning commission meeting was adjourned.

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