BOARD OF ZONING APPEALS MINUTES

AUGUST 13, 2007

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

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

OTHERS PRESENT: Zoning Inspector McCoy, City Planner Delong, Clerk Patterson, Scott & Jeannie House, Kathy Rojina, Robbie Colombo, Jim Watkins, Tony Repeta, Ken Kraus, Wayne Barker, Jennifer Parmer, John Shuster, Sue Rausch

APPROVAL OF MINUTES: There being no additions or corrections, the minutes for the meeting on June 11, 2007 were approved as distributed.

NEW BUSINESS:

1) To hear a request for a variance for 0’ setback for rebuild of existing part of house vs. 7’5” side setback required by code. R-2 zoning district. Filed by L. Scott and Jeannie House, 310 S. Oak St., Marysville, OH 43040.

COMMENTS OF REQUESTER: Mr. Scott House addressed the Board. He is requesting a 0’ setback on the property line as designated. He plans to tear down and rebuild in that location. Footprint will not change on that side of the property. A second story will be added to the back of the house. It is the existing kitchen now and to have to move it 7-1/2’ would mess up the layout of the whole house. The neighbor directly affected by that property line is okay with the request.

COMMENTS OF ZONING INSPECTOR AND/OR DESIGNEE: City Planner DeLong reported that in comparison to the Findings of Fact under 1129.13, it was found that all were met and recommended approval.

COMMENTS OF CITIZENS: No comments.

DISCUSSION BY BZA MEMBERS: Mr. Mickley moved to grant the variance, seconded by Mr. McMannis and the question put, stood:

Mr. Kessler YES Mrs. Timmons YES Mr. Thornton YES Mr. Taylor YES Mr. McMannis YES Mr. Mickley YES

Variance granted.

2) To hear a request for a variance to permit 1’ front setback on Connolly St. and Lydia Drive for placement of fence vs. 40’ front setback required. TOC zoning district. To be located at Sunbelt Rental, 1000 Delaware Avenue. Filed by James Watkins, 6420 E. Main St., Suite 205, Reynoldsburg, OH 43068.

COMMENTS OF REQUESTER: Mr. James Watkins of Watcon addressed the Board. He is requesting a variance for a setback for a proposed fence. They want to extend the fence around the remainder of this property. Mr. Watkins explained that Sunbelt had an office in Dublin, but have downsized and moved the Dublin office to the Marysville office, which means an increase in employees from six to twelve and equipment fleet from $4M to $6M for Marysville. Same style fence. black, wrought iron, will be used like the existing fence. 1’ setback will be along Lydia Street – 1’ from the right-of-way or 2’ from the sidewalk. Mrs. Timmons asked if there would be landscaping in between the sidewalk and the fence? Mr. Repeta said it would be a grassy area, which they will maintain. Ms. McCoy added that as part of the City Gate subdivision, Mr. Connolly will be planting street trees.

Mr. McMannis asked how many egresses there would be. Response was two off of Connolly and one off of “here” (pointing to the map) and none off of Lydia.

COMMENTS OF ZONING INSPECTOR AND/OR DESIGNEE: City Planner DeLong said that all Findings of Fact have been met and recommended approval. He recommended adding a condition that the fence be the black, ornamental metal.

COMMENTS OF CITIZENS: Mr. William Barker addressed the Board. He lives on Connolly Street. He expressed concern for semi trucks coming from around behind the building; they make a wide swing and come onto his property and cut off the corner at Lydia. They are up and over the curbs already. He has no complaint with the proposed fence. Mr. Repeta said with the light being where it is, 99% of the time the trucks will enter in the front.

Ms. Jennifer Parmer addressed the Board. She lives on Connolly Street. She also expressed concern about the semi’s. She asked about landscaping and a sidewalk on Connolly Street. Mrs. Timmons said sidewalks were not required when Marysville was developing, so there would probably not be sidewalks. Ms. Parmer also expressed concern for the high speed of traffic that goes through her area. Asked if the City could put a sign in the area “Children at Play” to slow traffic. It was recommended that she talk to Administration or the Police Department about the speed concern. Mr. Taylor said her concern will be taken to Police Chief Golden.

DISCUSSION BY BZA MEMBERS: Mrs. Timmons moved to grant the variance to permit a 1’ front setback on Connolly Street and Lydia Drive and that the black, wrought iron fence be installed to match the existing fence, seconded by Mr. Thornton, and the question put, stood:

Mrs. Timmons YES Mr. Thornton YES Mr. Taylor YES Mr. McMannis YES Mr. Mickley YES Mr. Kessler YES

Variance granted.

3) To hear a request for a variance for 3 signs in addition to 6 signs permitted - two business signs 29 sq. ft. and one business sign 19.2 sq. ft. for total signage of 318.85 sq. ft. vs. maximum signage 300 sq. ft. permitted. To be located at the proposed Walgreens located at 180 Coleman’s Crossing Blvd. TOC zoning district. Filed by Meadowood Development, Inc., for Walgreens, 4043 N. Ravenswood, Suite 225, Chicago, IL 60613.

COMMENTS OF REQUESTER: Ms. Kathy Rojina addressed the Board on behalf of Meadowood Development. She went before the Design Review Board on July 11, 2007 and received overall approval for the project itself, but is before the Board for their consideration for additional signage. From the time she submitted the BZA application until today, when she received staff comments from the City Planner, she was able to reduce the square footage of the six proposed signs to a total 281.16 sq. ft. Her real concern and request is for the script sign on the eastern elevation of the building. She noted the elevations themselves changed. It used to be a corner entry-way, and it’s now a 90 degree tower. By design of that, they added one mortar and pestle sign. The biggest issue for Walgreens was the fact that a monument sign was not authorized or approved neither by the City nor by the property owner. In requesting the third script sign on the eastern elevation, the smallest of the script signs that’s proposed, she noted it is a very important business decision to Walgreens in that the building is offset because of the limited access. There is no access on Delaware Avenue. Walgreens would like one sign on the eastern elevation in order to give clients enough time to make the decision to turn onto Coleman’s Crossing. That is the ultimate request of the application this evening, since the overall square footage was reduced to below 300 sq. ft.

Mr. DeLong stated, based on Ms. McCoy’s letter, the script sign is permitted; it’s the other signs that were the issue.

Ms. Rojina gave new dimensions of the signs:

“Walgreens” – 80.32 sq. ft. (south elevation ) – reduced to 61.14

“Walgreens” - 80.32 sq. ft. (west elevation) – reduced to 61.14

“Pharmacy” – 19.2 sq. ft. – reduced to 15.1 sq. ft.

“Photo” – 11.6 sq. ft. (2 signs) – reduced to 8.9 sq. ft.

Mortar and pestle sign – that’s the only size the manufacturer makes. That will remain 29.9 sq. ft.

The Walgreens sign on the eastern elevation will remain as proposed at 36.83 sq. ft.

The entire sign package, minus the directional signage, comes to 266.91 sq. ft. There are three directional signs, Drive-thru Pharmacy, Exit and Clearance sign – those will remain as submitted.

Mr. Taylor asked Ms. McCoy where we stand with the request since the signage is now under 300 sq. ft. Ms. McCoy said applicant is allowed to have six signs, and they are still requesting nine. The three directional signs noted above are not a concern with the applicant’s request. The three signs with concerns are the mortar and pestle, the Pharmacy, the Photo and the Walgreens. Ms. McCoy said the mortar and pestle sign is permitted. Applicant can have six out of the nine signs without a variance.

Ms. McCoy asked if Photo and Pharmacy could be made as one sign, thereby cutting down the number of signs. Ms. Rojino said she has put the Photo and Pharmacy sign underneath the Walgreens sign on other projects, so it can be done and still not exceed 300 sq. ft.

Mr. Thornton suggested putting the Pharmacy and Photo signs together into one sign and move the Walgreens sign to one end or the other.

It was agreed that Walgreens, Photo and Pharmacy would be all one sign and the signs would not exceed the 300 sq. ft. permitted.

Mr. Mickley suggested tabling the request and let the applicant work the suggested signage in with the correct amount of square footage. If the applicant is able to stay within the permitted 300 sq. ft, the request would be withdrawn, and Ms. McCoy would issue the sign permit.

Mr. Thornton moved to table this request until the next meeting, seconded by Mr. Mickley and the question put, stood:

Mr. Thornton questioned the language in the Request for Variance, “The economic impact of a Walgreens location in any community is a positive one. Efficient planning and site selection provide customers nationwide with stores an average age of less than six years, allowing it to provide customers with the latest conveniences……” He asked what about locations where Walgreens have been there longer than six years. He noted the empty Wal-mart building in Marysville. He asked what Walgreens strategy is now that they’ve been growing for 32 years and when it’s time to move and their store is six years old and there’s a population sitting up at Mill Valley that would like to have a Walgreens sitting there instead of at this part of town. Ms. Rojino said the six years may be misleading. This is basically saying that their average store age across the nation is about six years of age because if a store was built as part of a mall or at the end of a strip center, Walgreens has located all those stores to freestanding locations.

Mr. Repata stated Walgreens essentially has made a 75 year commitment to the property owner.

COMMENTS OF CITIZENS: Mr. Ken Kraus addressed the Board. He said the intent here was to encourage the Board to deny the variance, because he nor the other Design Review Board Members feel the applicant meets the criteria for a variance. However, based on the conversation, it was pleasant to hear someone willing to work. He hopes the applicant comes back with an application that meets the code and everything works out. If this item is not tabled, Mr. Kraus asked the clerk to send notice to the Design Review Board Members notifying them of such.

Mr. Thornton YES Mr. Taylor YES Mr. McMannis YES Mr. Mickley YES Mr. Kessler YES Mrs. Timmons YES

Variance request was tabled.

ADJOURNMENT: There being no further business to come before the Board of Zoning Appeals, the meeting adjourned at 7:35 p.m.