BOARD OF ZONING APPEALS
MINUTES
JUNE 12, 2006
The meeting was called to order by
Chairman Mickley at 7:00 p.m.
MEMBERS PRESENT:
Alex Kessler, Barbara Timmons, Richard Mickley, Harry McMannis, Nevin
Taylor Excused: Kelly Thornton, Greg
Faulkner
OTHERS PRESENT:
Zoning Inspector McCoy, Clerk Patterson, Nikki Smith, Tony Jordan,
Matthew Levy, Suzy Zumwalde, Jim Page, Eric Phillips, Dennis
Schulze
Mr. Mickley noted that the ordinance that
was passed by City Council changing the BZA language in the Code was distributed
and would become effective on June 30, 2006. The Rules of Procedure will be discussed
at the July meeting.
APPROVAL OF MINUTES:
There being no additions or corrections, the minutes for the meeting on
May 8, 2006 were approved as distributed.
AGENDA ITEMS:
OLD BUSINESS:
NEW BUSINESS:
The Board agreed to move agenda item #3 to
#1.
3.
Requesting a
variance for fence to have 4 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 this subdivision. Please note that there is a 10 easement
along the sidewalk on this lot.
This would prevent the homeowner from placing any permanent structure,
including fences, on the easement.
The closest to the sidewalk he could place a fence is 10 from the
right-of-way, which would be 11 from the sidewalk.
COMMENTS OF
REQUESTER:
Ms. Nikki Smith addressed the Board. She is requesting the fence to be
located 7 from the sidewalk. This
would place the fence just around the playground area so it would not have to be
moved. Ms. McCoy stated the
sanitary sewer line is in the easement.
Mr. Taylor moved to grant the variance with the
condition that the fence to be 11 from the sidewalk with bump out around the
playground area, seconded by Mrs. Timmons and the question put,
stood:
Mr. Kessler
YES Mrs. Timmons YES Mr. Mickley YES Mr.McMannis YES Mr. Taylor YES
Variance granted.
1.
Requesting a
variance for a stairway to be 2 from side property line vs. minimum 6 side
setback required; located at the Movie Gallery, 333 S. Main Street; B-R zoning
district; filed by James Page for G-Zero Marysville LLC, 1401 Malvern, Suite
272, Hot Springs, Arkansas 71901.
COMMENTS OF
ZONING INSPECTOR AND/OR DESIGNEE:
Codified Ordinance 1137.21(I)
requires a minimum of 6 side setback for the main structure and a lot. The stairway that has been constructed
for use of the side door is only 2 from the side property line on the north
side of the property.
COMMENTS OF
REQUESTER: Mr. Jim Page addressed the Board. The stairway is already constructed and
he is requesting that it be allowed to stay. It will be used for a service entrance
only, not an emergency exit, although if necessary, people could exit through
that door. This entrance cannot be
an emergency exit because there is no room for a handicap ramp because of sewer
and power line issues. The neighbor
has no problem with the steps being left there. Board expressed concern for drainage
onto the neighbors property. Mr.
Page stated a catch basin would be installed to eliminate the drainage
issue. The neighbor is satisfied
with this plan. Board suggested
landscaping around the building to hide the steps. Applicant agreed to landscape.
DISCUSSION BY
BZA MEMBERS:
Mrs. Timmons moved to grant the variance, seconded by
Mr. McMannis and the question put, stood:
Mrs. Timmons
YES Mr. Mickley YES Mr. McMannis YES Mr. Taylor YES Mr. Kessler YES
Variance granted.
2. Requesting
a conditional use to permit home occupation; to be located at
COMMENTS OF
ZONING INSPECTOR AND/OR DESIGNEE: A home occupation is a conditional use
in the R-2 zoning district according to Codified Ordinance
1137.14(b).
COMMENTS OF
REQUESTER: Mr. Matthew Levy, owner of Seed Technology, addressed
the Board. He is considering moving
his business to his home. He would
be the only employee. Outside
interior of his home would not be altered.
Electricity would be the only utility increase. FedEx and UPS would be the only
increased traffic. There are no
chemical issues.
COMMENTS OF
CITIZENS: None
DISCUSSION BY
BZA MEMBERS:
Mr. Taylor moved to grant the conditional use, seconded
by Mr. McMannis and the question put, stood:
Mr. Mickley
YES Mr. McMannis YES Mr. Taylor YES Mr. Kessler YES Mrs. Timmons YES
Variance granted.
4.
Requesting 0 side
setback for purpose of splitting lot to enable existing building to have
addition of armory attached; YMCA and National Guard building to be under
separate ownership but buildings attached.
TOC and SD-1 zoning districts; 10 side setback required; filed by Dennis
A. Schulze, 110 S. Main Street, for Union County YMCA, 1150 Charles
Lane.
COMMENTS OF
ZONING INSPECTOR AND/OR DESIGNEE:
Agenda items #4 and #5 work in
conjunction with each other. One is
for the lot split; one is for side setback of proposed
building.
According to Codified Ordinance 1105.23, minor lot
splits are permitted if they meet several criteria, including that the resulting
lots meet all applicable zoning regulations. This includes side setbacks for any
existing structure on the lot. The
National Guard has been planning for years to construct their new facility as
part of the existing YMCA. However,
they must have their property be in a separate ownership. Having the buildings attached results in
side setback violations.
COMMENTS OF
REQUESTER: Mr. Eric Phillips stated this building will be a
community rec center. It is
important to be attached to the YMCA, but the Guard wants to own the
property. There could be 150
guardsmen at the center each month.
This will bring more to the economy of Marysville.
Ms. Suzy Zumwalde, Executive Director of the YMCA,
realizes the importance this building is to the YMCA as well as the
community.
County Commissioner Gary Lee stated this has been one of
his lead projects for the past four years and hes proud of this project. County has worked very hard with
the YMCA and their financing to be able to connect these two properties which is
crucial for the community. This
will open opportunities for this community with the 50,000+ sq. ft.
facility. He urged the Board to
allow this project.
Mr. Dennis Schulze stated this is just another step
forward for the community. There
are plans for senior citizen activities.
There is a benefit to be gained from being able to have direct access
from the one building to the other.
This makes sense for the community and asked the Board for their
support.
COMMENTS OF
CITIZENS: None
DISCUSSION BY
BZA MEMBERS:
Mr. Taylor moved to grant the variance, seconded by Mr.
Mickley and the question put, stood:
Mr. McMannis
YES Mr. Kessler YES Mr. Mickley YES Mr. Taylor YES Mrs. Timmons YES
Variance granted.
5.
Requesting 0 side setback
for construction of National Guard facility to be attached to existing YMCA
building; YMCA and National Guard building to be under separate ownership but
buildings attached. TOC and SD-1
zoning districts; 10 side setback required for YMCA building and 10 side
setback required for future National Guard Building; filed by Dennis A. Schulze,
110 S. Main Street, for Union County YMCA, 1150 Charles
Lane.
COMMENTS OF ZONING INSPECTOR AND/OR
DESIGNEE: See comments in #4.
COMMENTS OF REQUESTER:
See comments in #4.
COMMENTS OF CITIZENS:
None
DISCUSSION BY BZA MEMBERS:
Mr. Taylor moved to grant the variance, seconded by Mrs. Timmons and the
question put, stood:
Mr. Taylor YES Mr. Kessler YES Mrs. Timmons YES Mr. Mickley YES Mr. McMannis YES
Variance was
granted.
ADJOURNMENT: There being no further business to
come before the Board, the meeting adjourned at 7:40
p.m.