BOARD OF ZONING APPEALS MINUTES

 

MARCH 14, 2005

 

 

 

The meeting was called to order by Chairman Thornton at 7:15 p.m.

 

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

 

OTHERS PRESENT:  Barbara McCoy, Connie Patterson, Jim Page, Charles D. Fitch, Donald Plank

 

APPROVAL OF MINUTES:  There being no additions or corrections, the minutes for the meeting of February 21, 2005 were approved as distributed.

 

AGENDA ITEMS:

 

NEW BUSINESS:

 

1.     Requesting a variance to permit 21’ front setback for 10’ section of proposed building vs. 25’ front setback required; B-R zoning district.  Filed by Page Engineering, Inc., P. O. Box 394, on property located at 333 S. Main Street owned by Grove Complex, P.O. Box 399, Marysville, OH  43040

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

Ms. McCoy stated a Movie Gallery video store is proposed for this site.  The existing building is to be demolished with a new structure being constructed.  A 10’ section of the building on the southeast side would encroach approximately 4’ into the minimum front setback line as established by Codified Ordinance 1137.21(i).  The Shade Tree Commission has approved the landscape plan for this agenda item.  However, when it was presented to the Design Review Board it was not approved due to the building not meeting the design standards set forth in Codified Ordinance 1144.  The Design Review Board requested the building be moved a few feet away from the town run, which causes this encroachment.  They have also requested a new exterior design.  The Board is actively working with the applicant to get the design approved.

 

COMMENTS OF REQUESTER:  Mr. Jim Page, Page Engineering, addressed the Board.  He represents the builder.  Due to Main Street being realigned, the 25’ building setback takes an angle at the southeast corner of this property.  If it wasn’t for the angle in the building line, could move over 4’.  Applicant is requesting for that southeast corner to be allowed to encroach over the building line, so that they can move over to the building line that is there for the rest of the building.  That will get them a little further away from the top of the bank on town run, which Design Review Board had requested.  He wants to take advantage of the building line already there except for the small southeast corner of the building.  There will be no visibility problems.  Mr. Thornton questioned whether 4’ was enough.  Mr. Page assured him it was.  Ms. McCoy added the Design Review Board requested 4’. 

 

COMMENTS OF CITIZENS:  None

 

DISCUSSION BY BZA MEMBERS:  Mr. Thornton read a letter addressed to Barb McCoy from Richard D. Wilson as part of the record:

 

 “We respectfully request this letter be read as part of the 333 South Main Street zoning request on March 14^th and be included in the minutes of that meeting. 

 

First, we would like to thank the City of Marysville for sending Barb Wilson of 331 South Main Street, a registered letter informing her of the zoning request.  As a result, we discussed 333 South Main with Jim Page by phone and have a good understanding of what is planned.  We are supportive. 

 

Second, when the State improved South Main/Route 38, we were never informed a turn lane would be implemented from South Main on to Eighth Street and our on street parking would be eliminated.  Parking as a result is very limited and we must request the drive/parking area located on the South side of 331 South Main be kept clear and its use uninterrupted.  Our daughter’s beauty shop, “A Cut Above” is located at 331 South Main and her livelihood is dependent on her clients being able to use that access at all times.  Please make this a condition of development at 333 South Main.

 

Thanks again for the good communications and we look forward to reading the minutes of the Zoning meeting on Marysville’s web site.

 

Sincerely,

 

Richard D. Wilson”

 

Mr. Page confirmed that he had talked with the Wilson’s, explained the situation and they were satisfied.

 

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

 

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

 

Variance was granted.

 

2.     Requesting a variance to permit 17’ front setback for a section of a proposed new canopy vs. 25’ front setback required; B-R zoning district, 101 N. Cherry Street (United Dairy Farmers).  Filed by Lindwest c/o Donald Plank, Esq., 145 East Rich St., Columbus, Ohio 43215, for United Dairy Farmers, 3955 Montgomery Rd., Cincinnati, Ohio  45212.

 

COMMENTS OF ZONING INSPECTOR AND/OR CITY PLANNER:

 

Ms. McCoy stated United Dairy Farmers is adding an additional gas pump and would like to extend the canopy.  In order to do this, the canopy would encroach in the minimum front setback.  Codified Ordinance requires minimum front setback of 25’.  A portion of the canopy would only have 17’ front setback.

 

Mr. Thornton noted a couple of issues, that this is a corner lot and has two frontages, Cherry Street & Fifth St.  The lot is an odd shaped lot.  Also noted Delaware Avenue comes in at angle.

 

COMMENTS OF REQUESTER:  Mr. Donald Plank, Attorney for applicant, addressed the Board.  United Dairy Farmer representatives were present as well.  He noted there are actually three frontages.  He pointed out that this request is for a canopy and not a building, so visibility would not be an issue. 

 

Mr. Dennis Fitch, Project Manager for United Dairy Farmers, addressed the Board.  Proposal is to add a fourth dispenser and would like to extend the existing canopy in order to provide the same coverage as currently exists.   Mr. Plank noted underground tank improvements would be made. 

 

Mr. Thornton expressed concern about getting in and out of this location as it relates to the Fire Department.  He wanted to be sure they have access and would be able to move through this facility as needed.   Mr. Fitch pointed out that they plan to modify the inside curb cut to make the access in and out better for the customer in both directions.  The sign would be moved directly out from where it is now.  It won’t change the orientation or angle of it.  Also, there is no change in the line of sight.

 

Mr. Mickley asked if there would be more truck traffic since they would be dispensing more gas?  Mr. Fitch stated the plan is to get rid of the kerosene tank and dispenser and strap the two gasoline tanks together.  This would mean more gas could be stored on site, so deliveries should decrease.

 

COMMENTS OF CITIZENS:  None

 

DISCUSSION BY BZA MEMBERS: 

 

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

 

Mr. Thornton noted this is a unique situation with this being a three-sided corner lot as opposed to a two-sided corner lot, which is driving them to be in the position that they’re in.

 

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

 

Variance was granted.

 

ADJOURNMENT:  There being no further business to come before the Board of Zoning Appeals, the meeting adjourned at 7:36 p.m.