June 3, 2008



Members Present: 

Lynne Thomas-Roth      

Glynn Marsh

John Bruns                     

Al Butler

Mayor Goudy


City Staff Members


John Applegate      

Denise Winemiller


          Mrs. Thomas-Roth called the Board of Zoning Appeals to order.  Attendance was taken and all of the members were present.


          1.    Mrs. Thomas-Roth asked if there were any additions or corrections to the minutes of the November 20, 2007 meeting.  There were no corrections so Mr. Marsh moved that the minutes be accepted as prepared.  Mr. Bruns seconded the motion.  All concurred and the minutes were accepted as prepared. 


          2.  08-02 - Application for a zoning variance in the side yard from Banah Development LLC/New Point LLC for 101 Rebecca Circle, Five Rivers Reserve.


          Kirk Schlecty, the builder, was present to answer any questions. 


          Mr. Applegate indicated the location of lot 7 on the map which is next to the common area and the variance requested would be on that side. 

          Mr. Applegate said that Mr. Schlecty had provided the plans for the house and that it will be a really nice house.  He said that the staff had reviewed the request and had no problems with it.  Mr. Applegate said he was impressed with the layout of the house.


          Mr. Schlecty said he had hoped that the proposed house would complement the City of Union and Mr. Applegate agreed.


          Mr. Applegate said the staff recommended the approval of the variance because it is next to the common area and is not within the utility easement.  Mr. Schlecty said since it was next to the common area, the variance would not interfere with anything now or in the future. 


          Mr. Bruns asked if the white fence was roughly in the center and Mr. Schlecty said it was, which gave room on both sides for the trees which he said would be staying. 


          Mr. Bruns moved that the variance be approved. Mr. Butler seconded the motion.  All concurred and the motion was passed.  The variance was granted.


          3.    Open Agenda


          Mr. Applegate distributed information about fiber optics that were being installed by AT & T in front yards and on street corners.  Mr. Applegate said he thought that the city needed to be preemptive and have regulations concerning this on their books.  Currently, Union has Verizon and not AT & T.  Mr. Applegate said anyone licensed by the state can just come in and place the boxes where they want.  Mr. Applegate suggested that the Board of Zoning Appeals members look at

the attached legislation and think about it.  He said the boxes were quite unsightly. 

          Mr. Applegate suggested the planning commission go through the sample ordinance and once it was reviewed by the planning commission, they would forward it to the council.  The board members agreed they wanted some control over where the boxes would be placed and did not want them in people’s front yards. 


          Mr. Bruns asked about the one year deadline granted to the church on Shaw Road.  Mr. Applegate said the building is up and they will be meeting the one year deadline.


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