Union City Planning Commission and Board of Zoning Appeals Meeting Minutes   Third Quarter 2000   June 13, 2000, Meeting Minutes (Planning Commission) June 13, 2000, Meeting Minutes (Board of Zoning Appeals) July 11, 2000, Meeting Minutes (Board of Zoning Appeals) Sept. 12, 2000, Meeting Minutes (Board of Zoning Appeals)   June 13, 2000   PLANNING COMMISSION MEETING 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 and attendance was taken. 1. Mr. Shields asked if there were any additions or corrections on the minutes of the June 13, 2000 Planning Commission meeting. There were no corrections so Mr. Marsh moved that the minutes be accepted. Mr. Packard seconded the motion. Mr. Shields abstained, and Mr. Packard and Mr. Marsh voted for the minutes. Since there were only two votes to approve the minutes, they were not accepted and will be on the agenda for the next meeting. 2. 00-12 - Application for a change of zoning district from the 7900 Corporation, at 11975 Frederick Pike, from Agricultural-Residential (A-R) to Light-Industrial (L-I). Mr. Applegate said this ground is owned by Tom Miller and he and his wife were present at the meeting. Mr. Applegate indicated on the map where the properties were located. The two properties owned by Mr. Miller are not contiguous and they require separate applications. The first property deals with the heliport area. When property is annexed, the land comes in as Agricultural-Residential. This change would now bring the property into compliance to the city's current zoning, of Light-Industrial. There is 10 acres, not 20 acres as on the application. All three of the next items on the agenda will need to go to the council. Before being annexed to Union, the land was zoned in Butler Township as B-4, the highest business use that the township had. Mr. Applegate said since the applications for all three properties are all located on one site, he thought they could have one public hearing for all three. Mayor Packard moved that 00-12 be approved to be forwarded to the council. Mr. Shields seconded the motion. All concurred and the motion was passed. 3. 00-13 - Application for a change of zoning district from the 7900 Corporation, at 7900 South Kessler-Frederick Road, from Agricultural-Residential (A-R) to Light Industrial (L-I). Mr. Applegate said he would like to discuss each application separately. This application is located in Miami County and an office building and repair shop is there. The same type of zoning was for Union Township in Miami County as what was in Butler Township, Montgomery County. Mayor Packard moved to approve the application to be forwarded to the city council for a public hearing. Mr. Shields seconded the motion. All concurred and the motion was passed. 4. 00-14 - Application for a change of zoning district from Walker and Winslow Inc. at 11995 Frederick Pike, from Agricultural-Residential (A-R) to Light Industrial (L-I). Mr. Applegate introduced Mr. Curt Walker who was present at the meeting. This pertains to Miller's Grove pool and contains approximately twenty-six acres. The zoning was B-4-2 and the building has been there over thirty years. When annexed, it came into the city as A-R which is a non-conforming use. Mr. Walker and his son are planning some additional uses for the property. He said they were really happy with Union since the annexation and were very happy with the Union Police Department which has been very helpful. Mr. Marsh asked if L-I was the appropriate zoning to cover the pool which he referred to as entertainment. Mr. Applegate said with the heliport and the construction, that would be the appropriate zoning. As the area develops in the future, things may change. They are still working on plans for the development of that area. Mr. Packard moved that the application be forwarded to the city council for a public hearing. Mr. Shields seconded the motion. All concurred and the motion was passed. Mr. Applegate said they could have one public hearing for the whole area, even though it has three owners. The land is all contiguous and it is one zoning change. Mr. Marsh asked why everything is brought in as A-R. Mr. Applegate said the zoning code calls for that. Mr. Marsh said he was trying to avoid time, fees, etc. for the people annexed. Mr. Applegate said anything that is annexed must come in as A-R. Mr. Marsh asked if the city should look at changing the zoning code. Mr. Applegate said normally, annexations involve agricultural ground. Mr. Applegate said if the city would ever have the money, the codes should be updated and fine tuned. The cost to find someone to do it would be roughly eighty or ninety thousand dollars. In response to a question from Mr. Miller, the gravel pit would come under conditional use. Mr. Applegate said they were working on annexing another 120 acres from Mr. Miller. 5. Mr. Marsh moved that the meeting be adjourned. Mr. Shields seconded the motion. All concurred and the planning commission meeting was adjourned. Back to top of page.    June 13, 2000 BOARD OF ZONING APPEALS MINUTES Members Present: Lynn Thomas Roth Glynn Marsh Mayor Packard Larry Beyer   City Staff Members Present: John Applegate Denise Winemiller   Mrs. Lynn Thomas-Roth called the Board of Zoning Appeals meeting to order. 1. Mrs. Thomas-Roth asked if there were any additions or corrections to the minutes of the April 11, 2000 meeting. There were none so Mr. Beyer moved that the minutes be approved. Mr. Packard seconded the motion. All concurred and the minutes for the Board of Zoning Appeals from April 11, 2000 were approved. 2. 00-06 - Application for variance on sign regulations submitted by Sam Knobler for Concord Meadows Development Co. for a sign located at the State Route 48 and Concord Farm Road intersection right-of-way. Mr. Applegate said that Mr. Knobler was attending the meeting. The sign is for a new subdivision and would be located at the end of Concord Farm Road. They would like two feet additional in size from the 30 square feet requirement. Mr. Knobler said the location was the west side of the intersection. Mr. Beyer asked if they would have both the brick entrance and the sign. Mr. Knobler said yes, the sign gives the builder's names and location of the new development. Mr. Knobler said there is a tree scape plan for the entrance into the new development. There will be additional lighting and an irrigation system installed for the sign area. Mr. Packard moved they accept the application for a sign variance. Mr. Beyer seconded the motion. All concurred and the variance was granted. 3. 00-07 - Application for variance on rear yard requirement submitted by J. Michael Joly for 220 Jay Road. Mr. Joly was present and was requesting a variance for the rear yard. Mr. Joly said Englewood has a thirty foot yard requirement and he has been building the same house in Englewood Meadows. Mr. Applegate said granting the variance would allow Mr. Joly to build a bigger home. Union's rear yard requirement is forty feet and the proposed home has 36 feet in the rear yard. Mr. Knobler said both sides of the proposed double have been sold. Mr. Applegate said staff felt there was no problem with the variance. Mr. Beyer moved that the variance for the rear yard requirement be approved. Mrs. Thomas-Roth seconded the motion. All concurred and the motion was passed. 4. 00-08 - Application for variance on rear yard requirement submitted by J. Michael Joly for 222 Jay Road. This request is for the other side of the duplex mentioned in 00-07. Mr. Beyer moved that the variance for the rear yard requirement be granted. Mrs. Thomas-Roth seconded the motion. All concurred and the motion was granted. 5. 00-09 - Application for a variance on a side yard requirement for Doug Shafner, for Lot 195, 112 Brumbaugh, Union Ridge Subdivision. Mr. Applegate introduced Greg Bussey, representing Harvest Homes of Clayton. One side of this duplex is two feet shy of the ten foot requirement. The way the lot is set in the cul-de-sac, it makes it difficult to set the house. Mr. Marsh asked if this was the one where the foundation is already in. Mr. Applegate said it is. Mr. Beyer moved that the side yard variance be granted. Mr. Packard seconded the motion. All concurred and the variance was granted. Mrs. Thomas-Roth asked if there was anything else to bring before the Board of Zoning Appeals. A resident said he wanted to discuss a letter that was sent to him. He said he lived at 6 Laurelgrove. He got a notice about a trailer that he uses for work. It was a violation for parking the trailer in the front yard. He said there were other people that had boats and trailers in their front yards. The resident said he could not get the trailer in his back yard. Mr. Applegate tried to determine if the resident would have room to move the trailer to the rear yard by requesting to use part of his neighbors yard. The resident said he would only be there for another six months. He said he had also received a nasty letter from a neighbor about the curbs because he sometimes pulls up into the yard to keep the trailer further off of the road. Mr. Applegate said parking a trailer was not allowed in the front yard and if the neighbor's called, another violation notice would be sent out. Mr. Beyer said he and Mayor Packard sat on the council and that at some time, residents would likely come in to complain about people parking trailers in front yards and the council would have to respond. The resident also asked if he could make his neighbor move a fence that was on the easement. They told him a utility company could have homeowners move a fence if it was in the way but not a neighbor. Mr. Applegate suggested that he store his trailer up by Te-Co where there is a separate storage facility. He offered to make a copy of the violations that the resident had listed and check into citing those people if they are in violation and haven't already been sent a notice. Mrs. Thomas-Roth asked the resident's name. He said it was David Clark. She thanked him for coming. 6. Mayor Packard moved that the meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the Board of Zoning Appeals meeting was adjourned. Back to top of page.    July 11, 2000 BOARD OF ZONING APPEALS MINUTES Members Present: Dale Shields Glynn Marsh Mayor Packard   City Staff Members Present: John Applegate Denise Winemiller   Mr. Shields called the Board of Zoning Appeals meeting to order. Mr. Shields said they would need to amend the agenda to add an application for a Special Exception to waive the loading space for a parking area for a commercial business. He moved that the agenda be amended to include the request from Mr. Lambrose to be Item # 4 and to adjourn the meeting be Item # 5. Mr. Packard seconded the motion. All concurred and the agenda was amended. 1. Mr. Marsh moved that the minutes from the June 13, 2000 meeting be approved as prepared. Mr. Packard seconded the motion. Mr. Shields abstained and Mr. Marsh and Mr. Packard voted for the motion. Since there was not a quorum and only two votes, the minutes were not approved and they will be placed on the next meeting agenda. 2. 00-11 - Application for variance on the side yard requirement for placement of a storage shed from Christopher and Kay Barker, at 613 Beery Blvd. Mr. Applegate introduced Kay Barker. Mr. Applegate said if you look at the map attached to the application, they will need to cut down one of the two trees in the area for the storage shed. They are on a corner lot and have limited space. They are asking for the variance for an 8 x 8 foot shed. They are six feet from the neighbor's fence on Oswald. Mayor Packard moved to accept the application. Mr. Shields seconded the motion. All concurred and the motion was passed. 3. Special Exception from Sam Lambrose for a commercial business, "Super Hair" on parking requirements for a loading space. Mr. Applegate said the applicants have met all the parking lot requirements except for the loading dock. Mr. Applegate said that the business does not require a large loading area and in the past, the city has waived the loading space requirement for other businesses. If the exception is granted, it would only be applicable to Super Hair, not any other business that could move in later. Mr. Applegate said that the business requires parking spaces and also the rental property upstairs also requires two spaces. The plan presented includes enough parking spaces. Mr. Applegate requested bumper blocks so vehicles will not be able to back out into the alley. Mr. Packard moved that the special exception, 00-01, the number assigned by Mr. Applegate, be approved. Mr. Shields seconded the motion. All concurred and the special exception was granted. 4. Mr. Packard moved that they adjourn. Mr. Marsh seconded the motion. All concurred and the Board of Zoning Appeals meeting was adjourned. Back to top of page.  Sept. 12, 2000 BOARD OF ZONING APPEALS MINUTES   Members Present: Lynn Thomas-Roth Glynn Marsh Mayor Packard Mr. Beyer   City Staff Members Present: Denise Winemiller   Mrs. Thomas-Roth called the September 12, 2000 Board of Zoning Appeals meeting to order. Attendance was taken and Mr. Shields was absent. Mrs. Thomas Roth said they would need to amend the agenda to vote on the June 13, 2000 minutes. Mr. Beyer moved to amend the agenda to include the June 13, 2000 Board of Zoning Appeals minutes. Mr. Packard seconded the motion. All concurred and the agenda was amended. 1. Mrs. Thomas-Roth moved to approve the minutes from the June 13, 2000 Board of Zoning Appeals meeting. Mr. Packard seconded the motion. All concurred and the minutes were accepted as prepared. 2. Mrs. Thomas-Roth asked if there were any comments or questions on the minutes of the July 11, 2000 Board of Zoning Appeals meeting. Mr. Packard moved that the minutes be approved. Mr. Marsh seconded the motion. Mrs. Thomas-Roth and Mr. Beyer abstained and Mr. Marsh and Mr. Packard voted for the motion. There was a discussion if the minutes could be accepted. Mr. Beyer said ordinances require a quorum of votes but the charter did not specify that the minutes could not be passed with only two yes votes and two abstentions. The minutes for July 11, 2000 were approved. 3. 00-15 - Application for a three foot variance on the rear yard requirement for the addition of a sun room for Richard Simpkins, 415 Applegate Road. The builder, Mr. Cook from Home Front Builders, was present to answer any questions. Mrs. Winemiller said that the property owner wanted to add a sun room and needed to extend into the rear yard requirement by three feet. The homeowner and builder have already gotten a permit for a concrete slab which complies with the city regulations. A sun room becomes part of the structure and would encroach on the rear yard requirement. The sun room will match the existing house with the gables and same color siding continued from the house. The roof shingles will match and the eaves and roof line will continue from the rest of the house. It will be a custom built sun room, not from a kit. The way the sun room would be built would not interfere with the covenants for Union Ridge. Mrs. Winemiller said the staff would recommend the approval of the variance. Mr. Beyer moved that the request for the three foot variance be approved. Mrs. Thomas-Roth seconded the motion. All concurred and the variance was granted. Mrs. Thomas-Roth asked if anyone had any other questions for the Board of Zoning Appeals. Mr. Marsh said they had approved a sign for an insurance company on Main Street and he had not seen the sign installed. Mrs. Winemiller said the property owner was in the process of moving. Mr. Marsh asked if the variance for the sign granted to him would be null and void and Mrs. Winemiller said that was correct. 3. Mr. Packard moved that the meeting be adjourned. Mr. Beyer seconded the motion. All concurred and the Board of Zoning Appeals meeting was adjourned. Back to top of page.