BOARD OF ZONING APPEALS MINUTES

 

FEBRUARY 21, 2005

 

 

The meeting was called to order by Chairman Thornton.

 

MEMBERS PRESENT:  Kelly Thornton, Harry McMannis, Richard Mickley, Terry Wertz    Excused:  Barbara Timmons

 

OTHERS PRESENT:  Zoning Inspector McCoy, Clerk Patterson, Jim Casto, David Oakes (CESO), Mike Semfick (BRR), Chelsea Covington (BRR), Bruce Limes, Nick & Laura Briggs, Tim Holden, Joe Smiley

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting of January 10, 2005 were approved as distributed.

 

AGENDA ITEMS:

 

NEW BUSINESS:

 

1.     Requesting lot split for existing twin single building located at 107 Windsor Drive to have 40’ lot frontage vs. 50’ minimum lot frontage required; 105 Windsor Drive to have 4,062 sq. ft. lot size vs. 5,000 sq. ft. minimum lot size per household required; R-5 zoning district; filed by Tim Holden, 107 Windsor Drive, Marysville, OH  43040

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

Ms. McCoy reported that 105-107 Windsor Drive is an existing twin-single structure.  The owner would like to split the two units in order to sell one unit to the current tenant.  The lot is not conducive to a lot split because 107 is located at the rear of 105.  Total lot width currently is 90’.  Keeping the minimum of 50’ lot frontage for 105 would leave 40’ frontage for 107 with a very narrow 2’ side strip that is located 25’ from the right-of-way for an area of 25’ long before you reach the 107 unit.  An easement would be required for the driveway for access to the unit at 107 Windsor Drive.  This lot split would create a strange size lot that is not consistent with our current zoning code.  Administration does not recommend this lot split.  The easement would have to be on 105 for 107.  The City is concerned with the 2’ side setback for 25’.

 

Mr. Mickley cited 1137.15, R-4, there is a provision made for lot splits allowing different ownership of each half of a twin single, but this is not included in 1137.16, R-5.  That would mean it’s not permitted.  Ms. McCoy stated it was noted in R-5 at one time, and she feels it was an error by leaving it out of R-5.  It could be debatable whether it is permitted or not.  

 

COMMENTS OF REQUESTER:  Mr. Tim Holden addressed the Board.  He noted no official survey had been done.  He owns these apartments and wants to sell them both, as he has relocated out of town.  The tenants are interested in buying the units.  He cited the R-5 permitted uses.  Based on use, feels it could actually fall under R-4 multi-family residential.

 

If variance is not granted as requested, he presented a counterproposal.  A strip of land, 8.6’ off of backside, 105 will meet requirement of 5,000 sq. ft.  An easement would be needed for the back lot for driveway access and 105 would need easement for road frontage for 107.  Nothing would change for the residents living there now.

 

Board asked if one tenant could buy both units.  Response was no.  They are only able to buy the unit in which they live.

 

Mr. Mickley commented even if the area for 105 becomes 4,062 and with the easement on top of that, the usable area for that front unit, 105, becomes very small.

 

COMMENTS OF CITIZENS:  None

 

DISCUSSION BY BZA MEMBERS: 

 

Mr. Thornton moved to grant the request for the lot split as requested, seconded by Mr. Wertz and the question put, stood:

 

Mr. Thornton noted that while this variance is good for the current tenants, it may not be best for future owners. It’s not a good direction to go in the future.

 

Mr. Mickley stated that is possibly the reason why it was left out of R-5.

 

Mr. Wertz  NO  Mr. Thornton  NO  Mr. Mickley  NO  Mr. McMannis  NO

 

Variance denied.

 

2.     Requesting a minimum lot width of 60’ vs. 150’ minimum lot width required.  M-2 zoning district; to be located on Coleman’s Crossing Blvd., east of Industrial Parkway, on property owned by Duane Hodges & Etals; filed by Isaacs Enterprises, LLC, 16503 Square Drive, P. O. Box 716, Marysville, OH  43040.

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

Clerk Patterson read the following request from Mr. Jason P. Isaacs, Applicant.  “This is official notice to formally withdraw the Board of Zoning Appeals variance request submitted by Isaacs Enterprises on 1/24/2005 for the change of minimum lot width on parcel #29-0023054.000 (VMS #2254 O.R. 347 PG686).

 

3.     To hear a request for conditional use to permit a shopping center (at least 4-unit building) in the B-1 zoning district; to be located at the northwest corner of SR31N and Mill Road/Cobblestone Drive; filed by Casto Developers, Ltd., 6241 Riverside Drive, Dublin, OH  43017.

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

Shopping center is a conditional use in the B-1 zoning district according to C.O. 1137.22.

 

COMMENTS OF REQUESTER:  Mr. Jim Casto addressed the Board.  The property is currently owned by McDonalds, and he’s in the process of purchasing a portion of it from them for the proposed small neighborhood convenient center.  Has received one letter of intent from Mary Kelly’s, a restaurant, to locate in the shopping center. Proposes to set up a drive-thru through the building for a convenient store.  Main curb cut will be on Mill Road.  There is a curb cut to the rear on Cobblestone.  With the way the building is situated, it would be almost impossible to use as a cut-through.

 

Mr. Joe Smiley of McDonald’s Corporation added that the City has stated they would prefer not to have a full access cut on Rt. 31. In theory, a  “right-in/right-out” was agreed to.  There is no formal application.  Developer would have to work closely with City Engineer and ODOT for limited access. Also added there would be more than enough parking spots. 

 

Buffering would involve a privacy fence and pine trees.  Main entrance is off of Cobblestone.  Ms. McCoy noted a variance would be needed for the height and location of the fence. 

 

Mr. Mickley asked if public services had been considered.  Response was yes; police, fire and city utilities are available.

 

COMMENTS OF CITIZENS:

 

Mr. Nick Briggs addressed the Board.  He noted the neighbors were not aware of this zoning.  He asked where the main entrance would be.  Response was the traffic would come onto Mill and go to the shopping center.  There would be one curb cut on Cobblestone.  He would like to see a retaining wall or a 15’ fence to buffer shopping center from homes.  Concern that this shopping center will be an eyesore.  Also, it would make it hard for people to sell their homes because of this shopping center.    Ms. McCoy stated a 15’ fence would not be permitted.

 

Mr. Smiley stated he doesn’t have an issue with loading up on trees and fencing for buffering.

 

Mr. Bruce Limes addressed the Board representing his mother-in-law who owns the land South of this property.  His concern was for the egress/ingress.  He’s not opposed to the development, but is looking for answers as to what it can legally be used for.

 

Mr. Smiley stated all area is dedicated to perpetual easement, dedicated to County.  All rights surrendered.  State deeded back to County.  No signs or landscaping would be permitted.  It belongs to the County.

 

DISCUSSION BY BZA MEMBERS:

 

It’s unfortunate that M/I homes didn’t know what was going in when they sold homes.

 

Mr. Thornton read the permitted uses for this B-1 zoning area.

 

Mr. Mickley moved to grant the conditional use, seconded by Mr. Wertz and the question put, stood:

 

Mr. Thornton  YES  Mr. Mickley  YES  Mr. McMannis  YES  Mr. Wertz  YES

 

Conditional use granted.

 

4.     To hear a request for a variance to permit total of 27 signs (1 identification sign and 26 business signs) for a total of 1,123.39 square feet vs. 1 identification sign, 2 business signs permitted, maximum of 300 square feet permitted,  SD-1 zoning district; to be located at the Wal-mart Super Center, Coleman’s Crossing Blvd., filed by CESO, Inc., 1700 Lyons Road., Dayton, OH  45458.

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

Codified Ordinance 1143.18 restricts signage in the SD-1 zoning district to one identification sign and two business signs for a total of 300 square feet of signage.  Wal-mart is requesting substantial more signage than is permitted.  The zoning code does not take into consideration larger buildings that perhaps need more than a total of three signs.  While it is important for a business to direct customers in the right direction, some of the requested signage may seem excessive in size and a bit repetitive.

 

COMMENTS OF REQUESTER:  Ms. Chelsea Covington addressed the Board.  Signage would be used as directional.  5% of front façade is signage. 

 

The Board questioned the size and need for the sign “Always.”  Mr. Mike Semfick of BRR stated the word “Always” is a registered trademark, but he could work to reduce the size a little.

 

Mr. McMannis felt food signs are repetitive on the outside of the building.  Some signs are more informational than directional.   “Wal-mart” would be the only luminated sign.  There will be no signs on the back of the building.  Building will set back 600’.  “We sell for less” could be deleted to reduce square footage.  “Retail Center” could replace “Low Prices”.

 

 

After reviewing the signs one by one, the following conditions were a part of granting the variance.    Mr. Mickley moved to grant the variance per the requested changes listed below, seconded by Mr. Wertz and the question put, stood:

 

1)     Delete:  “We Sell for Less”

2)     “Low Prices” becomes “Retail Center”

3)     Food Center, Retail Center & Garden Center – reduce to 2’ in height

4)     “Always” – reduce size to 7’ tall

5)     Tire & Lube Express – Reduce to 2’ height on front & right elevation

6)     Delete:  “Wal-mart” from left & right elevations

 

Mr. Mickley  YES  Mr. McMannis  YES  Mr. Wertz  YES  Mr. Thornton  YES

 

Variance granted with conditions.

 

ADJOURNMENT:  There being no further business to come before the Board of Zoning Appeals, the meeting adjourned at 8:50 p.m.