BOARD OF ZONING APPEALS MINUTES

 

FEBRUARY 13, 2006

 

 

The meeting was called to order by Chairman Mickley at 7:00 p.m.

 

MEMBERS PRESENT:   Dick Mickley, Kelly Thornton, Harry McMannis, Alex Kessler, Greg Faulkner     Excused:  Barbara Timmons, Nevin Taylor

 

OTHERS PRESENT:  Clerk Patterson, Brian Thornton

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting on January 9, 2006 were approved as distributed.

 

AGENDA ITEMS:

 

OLD BUSINESS:

 

1.            Requesting a variance to permit 40’ front setback and 10’ side setbacks as opposed to minimum of 80’ front setback and 30’ side setbacks required for proposed restaurants, retail buildings and gasoline station; M-2 zoning district; to be located at both intersections of Coleman’s Crossing Blvd. and Industrial Parkway.  Filed by Lewis Financial, Inc., 300 Chillicothe Ave., Hillsboro, OH 45133, Agent for WI Development, 16503 Square Drive, P.O. Box 716, Marysville, Ohio 43040.

 

Mr. Mickley read a letter addressed to Clerk Patterson from Shane Wilkin.  “I am writing to you on behalf of Lewis Financial Group, Inc. regarding their request for a zoning variance on property located at the corner of Coleman’s Crossing Blvd and Industrial Blvd.   In light that the zoning itself has since been changed by Council, we ask that our variance request be withdrawn.”  The Board had no objections to the request.

 

NEW BUSINESS:

 

2.            Requesting a conditional use to permit a park (public use) in the R-3 zoning district.  To be located at the future intersection of Scott Farms Blvd. and Park Meadow Drive in the Scott Farms Section 4 Subdivision. Property to be owned and maintained by the Scott Farms Homeowner’s Association.  Filed by Blendon Gardens for M/I Homes, 3 Easton Oval, Columbus, Ohio 43219.

 

COMMENTS OF ZONING INSPECTOR AND/OR DESIGNEE:

 

COMMENTS OF REQUESTER:  Mr. Brian Thornton of Blendon Gardens, addressed the Board.  A public park is being proposed for the Scott Farms Subdivision.  Park would have play structures in it and a structure for picnic area.  Entire park would be fenced in to prevent children from getting near any roads. 

 

Mr. Mickley asked applicant what he meant by public park?  Response was it would be a park used by the community, not only for Scott Farms people.  It will be maintained by the Scott Farms Homeowners Association.  Mr. Mickley referred to Section 1139.23(c), which was brought to the attention of the Board by Zoning Inspector McCoy.  “Public Parks” by their need to serve residents as well as employees of commercial and industrial enterprises shall be a permitted use in all zoning districts.  If this paragraph is in conflict with other sections of the Zoning Code, this paragraph shall prevail.”  Since it was determined that this park is a permitted use, the applicant could withdraw his request for conditional use and get his money back.  Applicant withdrew his request for conditional use.  Affirmation voice vote was unanimous to withdraw.

 

3.            Requesting a variance to permit a 3’ fence to be located 0’ from the City right of way as opposed to 25’ minimum front setback required in the R-3 zoning district.  To be located at the future park to be located at the future intersection of Scott Farms Blvd. and Park Meadow Drive in the Scott Farms Section 4 Subdivision. Property to be owned and maintained by the Scott Farms Homeowner’s Association.  Filed by Blendon Gardens for M/I Homes, 3 Easton Oval, Columbus, Ohio 43219.

 

COMMENTS OF ZONING INSPECTOR AND/OR DESIGNEE:

 

COMMENTS OF REQUESTER:

Mr. Brian Thornton of Blendon Gardens addressed the Board.  Applicant is proposing a 3’ high fence to surround the park to ensure safety of the children.  Walkways would have an open access that leads from each of the side streets.  The fence will be 1’ inside the right-of-way.   The developer removed five lots from the development to provide this park.  The fence will be a three-board fence.  Evergreens will serve as a buffer between the park and the homes. 

 

COMMENTS OF CITIZENS:  None

 

DISCUSSION BY BZA MEMBERS:

 

Mr. Kelly Thornton moved to grant the request for variance to permit a 3’ fence to be located 1’ from the City right-of-way as opposed to 25’ minimum front setback required in R-3 zoning district, seconded by Mr. Faulkner and the question put, stood:

 

Mr. Kessler  YES  Mr. Thornton  YES  Mr. Mickley  YES  Mr. McMannis  YES 

Mr. Faulkner  YES

 

Variance granted.

 

ADJOURNMENT:  There being no further business to come before the Board of Zoning Appeals, the meeting adjourned at 7:15 p.m.