BOARD OF
ZONING APPEALS MINUTES
MAY 8,
2006
The meeting was called to
order by Chairman Mickley at 7:00 p.m.
MEMBERS PRESENT: Alex Kessler, Nevin Taylor, Richard
Mickley, Harry McMannis, Kelly Thornton, Greg Faulkner, Barbara
Timmons
OTHERS PRESENT: Zoning Inspector McCoy, Clerk Patterson,
Danny Daum, Mike Baumbarger, Dan Bishop
APPROVAL OF MINUTES: There being no additions or corrections,
the minutes for the meeting on April 10, 2006 were
approved as distributed.
AGENDA
ITEMS:
OLD BUSINESS: Mr. Mickley attended the Council meeting
for the second reading of the BZA Amendments. There were no questions. Third reading, public hearing and
possible vote will be May 25th at 7:00 p.m.
NEW
BUSINESS:
1.
Requesting a variance for a
fence to have 9 front setback on
COMMENTS OF ZONING
INSPECTOR AND/OR DESIGNEE: Codified
Ordinance 1139.21(a)(3) requires a functional fence be
located no closer to the street than the front setback line, which is 25 in the
COMMENTS OF REQUESTER: Mr. Michael Baumbarger addressed the
Board. He is requesting a variance
from the 25 because there is a shed in the lot behind it and he wants his fence
to be even with the shed so it will look better. Mr. Mickley
stated the Board approved that shed last year. Applicant is proposing a 4 tall picket
fence. Wants to
fence in the dog and kids.
The fence will be even with street side. The fence does not go all the way over
to the shed because of a drainage area.
Mr. Mickley advised the applicant that if he had not checked his
subdivision regulations, he should do so.
In checking with the neighbors, they had no problem with this fence.
COMMENTS OF CITIZENS: None.
DISCUSSION BY BZA
MEMBERS: Mr. Taylor moved to
approve the request for variance to allow this fence because of the overall look
for what hes got to deal with and will increase in value, seconded by Mrs.
Timmons and the question put, stood:
Mr. Faulkner moved to amend
the motion by allowing only a 4 picket fence, seconded by Mr. Thornton and the
question put, stood:
Mr. Taylor YES Mr. Faulkner YES Mr. McMannis YES Mr. Mickley YES Mr. Thornton YES Mrs. Timmons YES Mr. Kessler YES
Motion is amended to
include a 4 picket fence.
Mr. Faulkner YES Mr. McMannis YES Mr. Mickley YES Mr. Thornton YES Mrs. Timmons YES Mr. Kessler YEs
Variance
granted.
2.
Requesting a variance for a
320 sq. ft. accessory building (railroad car caboose) to be permitted in
addition to an existing 168 sq. ft. accessory building and an existing railroad
box car (410 sq. ft.). Total square
footage of accessory buildings to be 898 sq. ft., total of three accessory
buildings vs. 750 sq. ft. maximum accessory buildings, two accessory buildings
permitted, R-2 zoning district.
Filed by Danny Daum,
COMMENTS OF ZONING
INSPECTOR AND/OR DESIGNEE:
According to Codified Ordinance 1139.20, accessory buildings, two
accessory buildings may be erected in the R-2 zoning district provided one of
the accessory buildings is a private garage, not exceeding 750 square feet in
floor area otherwise, only one accessory building may
be erected. An accessory building
other than a private garage may not exceed 250 square feet in floor area. In no instance shall the total floor
square foot of the building or buildings exceed 750 square feet. It also stated in 1139.20 that accessory
structure shall have an exterior which meets these standards and is compatible
in appearance to the principal residential structure on the parcel or lot. Compatibility shall be determined based
upon the following criteria:
exterior building materials, color, architecture, roof style and
siding.
COMMENTS OF REQUESTER: Mr. Dan Daum addressed the Board. He wants to add a caboose on to the
original box car that is located where his parents once lived. He is renovating the home with plans to
move in when completed. He wants to
preserve a little bit of history and use the caboose as a sitting area. The caboose will not have wheels or
tracks and will set low to the ground.
He plans to landscape around it.
It is metal on the outside and will be the same color as the existing box
car. Caboose will set on concrete
piers 1 from the ground. Once the house is completed, will not be able to move the caboose
in. This is about a
one-acre lot. Existing garage will
become the master bedroom w/bathroom.
Ms. McCoy stated there is no issue with lot coverage. There will be a 26 x 30 garage. Existing box car is currently used for
storage. All easements are overhead
and water and sewer are in the front.
He has talked to the neighbors and none had problems with this
project.
Mr. Kessler asked about the
upkeep of the caboose since its metal and has the
potential for rusting. Applicant
will keep it painted to look nice at all times.
COMMENTS OF CITIZENS: Mr. Bishop is a neighbor and has no
problem with the request. He stated
Mr. Daum will keep it looking nice.
DISCUSSION BY BZA
MEMBERS: Mr. Taylor moved to grant
the variance, seconded by Mr. McMannis and the question put,
stood:
Mr. McMannis YES Mr. Mickley YES Mr. Thornton YES Mrs. Timmons YES Mr. Kessler NO Mr. Taylor YES Mr. Faulkner NO
Variance was
granted.
Mr. Taylor heard that City
Council would be asking who would be serving the three-year term and five-year
term once legislation is passed.
ADJOURNMENT: There being no further business to come
before the Board of Zoning Appeals, the meeting adjourned at 7:28 p.m.