BOARD OF ZONING APPEALS MINUTES
Joseph Moore, Law Director
Mrs. Thomas-Roth called the meeting to order. Attendance was taken and Mr. Shields was absent.
1. Mrs. Thomas-Roth asked if there were any additions or corrections from the minutes of the February 12, 2002 Board of Zoning Appeals meeting. There were none so Mayor Packard moved the minutes be accepted. Mr. Marsh seconded the motion. All concurred and the minutes were accepted as prepared.
2. Mrs. Thomas-Roth asked if there were any additions or corrections on the minutes from the March 12, 2002 meeting. There were none so Mayor Packard moved that the minutes be accepted as prepared. Mr. Beyer seconded the motion. All concurred and the minutes were accepted.
3. 02-06 - Zoning variance requested by Jeff Testerman of Steel Framed Custom Homes for 101 Williams Way, in the rear yard requirement.
said a variance was granted at the last meeting from thirty feet
to twenty feet. Someone had asked about the driveway then, and
the design did prove to be a problem so they have submitted a
new plot plan.
Mr. Beyer moved to grant the variance for Mr. Testerman for 101 Williams Way. Mrs. Thomas-Roth seconded the motion. All concurred and the variance was granted.
4. Mr. Packard moved that the council meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the council meeting was adjourned.
PLANNING COMMISSION MINUTES
Mrs. Thomas-Roth called the planning commission meeting to order. Attendance was taken and Mr. Shields was absent from the meeting.
1. Mrs. Thomas Roth asked if there were any additions or corrections to the minutes of the last meeting.There were none so Mr. Beyer moved that the planning commission minutes of March 12, 2002 be accepted as prepared. Mr. Marsh seconded the motion. All concurred and the minutes from the last meeting were accepted.
2. 02-07 - Approval of subdivision located at 215 West Martindale Road.
Mr. Alan Butler was present at the meeting. Mr. Applegate said they would be discussing two things at the meeting. Mr. Butler wanted to subdivide some ground and change the zoning. The drive into the subdivision would be private. The proposed subdivision would meet the requirement for current zoning, C-1, but Mr. Butler wanted to change the zoning to R-3 on two of the four lots. There are no improvements needed. There will be a sewer and water line coming off of Martindale Road but service lines will be the responsibility of the owner or builder. This is similar to what was done for lots on Montgomery Street.
Mr. Applegate said at one time, this area was all commercial but one tract of land south of the parcel was changed to R-3. The land involved would be continuous to the R-3 zoning.
Mrs. Thomas-Roth asked if emergency vehicles could get back to the area and Mr. Applegate said yes.
Mr. Beyer moved to approve subdivision 02-07. Mrs. Thomas-Roth seconded the motion. All concurred and the motion was passed. The subdivision was approved.
3. 02-08 - Change of zoning district request for 215 West Martindale Road from Mr. Alan Butler. Zoning change requested is from Commercial - 1 (C-1) to Residential - 3 (R-3).
would be acceptable either under the C-1 zoning or the R-3 zoning.
This change will allow single family homes to be built on lots
1 and 4. There are other residential zoning in the vicinity.
Mr. Butler currently has a business and wants to keep his commercial
zoning at 215 West Martindale Road and on lots 2 and 3.
4. 02-09 - Change of zoning district requested for 709 North Main Street by Randy Yoakum. Zoning change requested is from Agricultural - Residential (A-R) to Commercial - 1 (C-1).
was present at the meeting. Mr. Applegate said this was located
on State Route 48, referred to as Glen Cove. Mr. Yoakum has
purchased fifteen acres from Phil Henry and wants to change the
zoning to C-1 on 5.21 acres of the fifteen acres. This would
need to meet the minimum requirements since there is no commercial
zoning around it which would require a minimum of five acres.
Mr. Applegate showed a color picture of the type of facility
The barn would
be a Morton barn, commercial line, insulated and heated.
Mr. Beyer moved that they approve the zoning change and forward it to the council for further action. Mr. Marsh seconded the motion. All concurred and the motion was passed.
5. 02-10 - Replat of Union Springs, Section 1, requested by David Emonin, Emonin Builders.
Mr. Eldon Hines, the developer, was present.
said that at an earlier meeting, they had discussed a conceptual
change from the original retirement homes, for ages fifty-five
years and older. Mr. Emonin had said that concept was not working
so now they want to develop this as a standard type of construction
plan with everything built to the city's specifications.
Mr. Marsh wanted to know who would be responsible for maintaining the area. Several board members agreed they did not want the maintenance of the area transferred to the city. Mr. Applegate said the pond is what made the site unique and that the location of the pond enhances the over all development.
Mr. Applegate said the preliminary plan with the pond was still in effect but they are agreeing to let the streets go from private to public. If they want to change from the conceptual plan, they need to come back in.
Mr. Marsh wanted to make sure that the lots would be sufficient size for doubles. Mr. Winemiller said each lot could take an 80 foot wide and forty foot deep unit with ten foot side yards(meaning forty feet wide on each side). Mr. Marsh was concerned about the number of driveways on cul-de-sacs. Mr. Winemiller said he would not have a problem with having some of the units with driveways on the interior side.
The lots on the east side will remain single family lots. The proposed builder is Benchmark.
Mr. Marsh asked
if the homeowners have been contacted about the changes. Mr.
Winemiller said that Mr. Emonin has talked to the person adjacent
to the double lots and he does not have a problem with the change.
Before they called for a vote on the motion, Mr. Applegate stated that they did not address the original preliminary plan. Mr. Beyer said they did not address it so the original conceptual agreement is still in effect. All that is being done by this motion is the change in the first section, 3.3122 acres. The original concept of the walkway around the pond and the club house is still in effect. If that is to be changed, they will need to come back and ask for a change again.
The planning commission has also expressed their concerns about using the right size double for the lot so the city does not have to keep granting variances. Mr. Applegate said ranch-style, single floor, spread out doubles, may not work. Mr. Marsh asked that these concerns be reflected in the minutes. Mr. Winemiller said some of the builders he had in mind, like Doug Shaffner and Mike Temple, built units that were 80 feet wide.
Mrs. Thomas-Roth asked for the vote to be taken. All concurred and the plat was approved.
Mr. Applegate commented the approval is subject to the plans being approved by the city's engineer. He also requested, as they go through future submittal of designs, they consider going wider on the lot sizes, depending on the market.
of revising the sign ordinance.
Ms. Ballato has created a revised version of the sign regulations based on what was discussed at the last meeting.
They added the "off site" provision in all sections possible, except for a few exceptions, like political signs, warning signs, and all forms of municipal signs. In the original sign ordinance, the only "off site" provision was for real estate signs.
They also made
changes in the aesthetics provision, so if any sign was deteriorating,
the city could remove it, with the exception of municipal signs.
The aesthetics provision will also affect political signs and
that is permitted because of the case law that Ms. Ballato has
researched. There are two forms of the aesthetics provision.
One has a provision because of sign material that quickly deteriorates.
Another one was for permanent signs that would not deteriorate
Mr. Marsh asked if state law deals with political signs and a limit for leaving signs up after the election. Mrs. Ballato said again, it was only if the sign was deteriorating - that the sign could not cause visual blight.
Ms. Ballato said political signs were exempt from applying for a permit.
Professional and occupational signs are only permitted within residential districts and are currently allowed in the front yard, as long as the signs meet the set backs. Only two square feet is allowed and only one sign would be allowed. There was a discussion to allow a sign on each side on a corner lot but the change was not made.
asked if this part should be changed to deal with location, versus
the type of worker. Mr. Marsh asked that it be worded to deal
with location within residential areas. She said she would make
of the Board of Zoning Appeals were established by the city Charter
and they decided to delegate all authority to the Board of Zoning
asked if they had seen the Ryan Home signs along State Route
48 and he asked them what they felt about those signs. He said
they try to get builders to build in the city and then when they
do, if they are not on a well traveled area, they are concerned
if they can't put out signs to help potential buyers find their
They had looked
at regulations from other cities and they were all different.
Currently the regulations are no greater than thirty square
feet per sign, with a total of fifty square feet per lot. Mr.
Applegate suggested they keep what they have now but use a variance
Charitable and religious signs are limited to the size of a four feet by eight feet sheet of plywood, thirty-two square feet.
Mr. Marsh asked
about political signs displayed in a private lot if consent was
granted. He asked if that should say written consent. Ms. Ballato
thought that would start to be an infringement on people's rights
so she recommended against that.
Mr. Marsh asked
if they could have the packets out earlier so he could have more
time to go over the sign information.
PLANNING COMMISSION MEETING MINUTES
The Planning Commission meeting was called to order and attendance was taken.
said they had discussed increasing the square footage of homes.
He said Mr. Glen Green was going to furnish some information
but had not provided it yet. He had no objections to an increase
to 1600 square feet. Mr. Marsh said in an informal discussion,
he had talked to a builder that was concerned that he would be
priced out of the market but had no real objections.
Mr. Beyer moved that their recommendations of increasing the square footage for single family homes to 1,600 square feet and doubles to 1,200 square feet per side be forwarded to the city council for approval. Mr. Marsh seconded the motion. All concurred so the motion was passed.
Mr. Beyer moved
that the planning commission meeting be adjourned. Mr. Shields
seconded the motion. All concurred and the planning commission
meeting was adjourned.