DRAFT
Board of Zoning Appeals Meeting Minutes
April 10th, 2003
CALL TO
ORDER: Cherry Linder,
Chairman
ROLL
CALL
James
Rinehart, Cherry Linder, Robert Bender, and Joe Thompson were present. Pat Cain
was absent. Attorney Doug Miller was also present. Cherry Linder swore in those
persons who would be giving testimony at this meeting. There was discussion on
whether to vote on the March 13th minutes because only 2 persons are
here who were at that meeting. Jim Rinehart asked Tim whether they should vote
on it or not. Cherry Linder decided the minutes could be reviewed.
MINUTES:
Minutes Board of Zoning Appeals,
March 13, 2003
Motion by Joe Thompson to approve the minutes of
3/13/03 as written.
Second by Jim Rinehart
Roll Call Joe Thompson-yes, James Rinehart-yes, Cherry Linder-abstained , Robert
Bender-abstained
The motion was approved.
RESOLUTION
2003-071
North
Cincinnati
Community
Church,
Mars
Hill
Academy K-12, Conditional Use Permit,
6170 Irwin-Simpson Road
Jim Rinehart asked Doug Miller if the board is
allowed to vote on the resolution. Doug Miller said if the other members
reviewed the tape they could participate. Doug said the board is 5 people and
you must have 3 votes. Doug reviewed the Zoning Resolution. Doug said that is
why they have the provision for alternates to the board. Cherry said we are
concerned about both the minutes and the resolutions. Doug said they can vote
on the minutes but not the resolutions. He found a discrepancy in the Zoning
Resolution. Doug referred to Page 23 of DT Zoning Resolution. Tim said under F
for Conditional Uses it refers to those “at the meeting.” Doug said he wasn’t
sure what the state one says.
RESOLUTION
2003-072 8512 Charleston Creek Drive,
Front Yard Variance for Garage Addition
Motion
Jim Rinehart made a motion to table the 2
resolutions (2003-071 and 2003-072) and the minutes from 3/13/03 until the next
regularly scheduled Zoning Commission meeting of 5/12/03. There was a second by
Robert Bender.
Roll
Call Joe Thompson, yes Jim Rinehart, yes
Cherry Linder, yes Robert
Bender, yes
The motion was approved.
CASE 2003-138
Kings
School,
1797 King Avenue, Parking Lot
Staff Report
Tim Hershner said the additional parking
spaces will bring the school closer to being up to code in the amount of spaces
required. Tim said if they add some landscaping they will be closer to code.
Tim said he reviewed this case with the Kings Mills Civic Club. The Kings Mills
Bed and Breakfast is close to the school. There is an open field adjacent to
the school parking lot and the Kings Mills Civic Club is interested in having a
Farmer’s Market there. Per Mr. Query, the Kings School Superintendent, the
school is willing to add the landscaping and continue to bring it up to code.
Doug Miller asked Tim if regardless of who is running the farmer’s market would
the township allow it. Tim said he would go back to the Civic Club and tell
them if they want a farmer’s market, they need to apply for it. Cherry Linder
said even with the new lot the school will still be short on the required amount
of parking and asked what could they do to remedy that. Tim said the township
zoning department could more closely monitor it but he has never seen it
overflow at that lot. The administrative offices use, child care use, and
Warren County Career
Center use has not caused a parking problem. Cherry asked how many parking
spaces are they short. Tim said around 100 spaces. Cherry asked if they have
land to expand. Tim said there is some space but they could use some playground
space. Tim said he would prefer the open green space rather than try to put in
those extra spaces. Jim Rinehart asked
Tim where the spaces are located. Mr. Rinehart was concerned about the angle
parking in the front and the safety. Jenny said the staff has requested
compliance with 7 conditions. Jenny shared with the board some information she
received. Jenny had a letter from the DTFR who had no objections to the plan
but asked to have a posted fire lane. The letter from the Warren County Soil &
Water Conservations District asked for the grading plans previous to the
installation of the parking lot. The Warren County Engineer asked for a final
drawing showing the layout of the parking lot and the location of the entrance
from the road so they could review the site distance requirements. They
included a copy of some standards for plans regarding parking lots.
Proponent Bob
Grigsby, Business Manager, Kings
Local School, 1797 King Avenue,
explained the need for the parking lot and how sometimes people park on
the grass. He said the school plans to gradually come into compliance with the
number of parking spaces. He explained the recent work and improvements the
school did to bring the building into compliance. He said an engineering firm
will be hired to plan the parking lot. They plan to no longer have the angle
parking and put a greenbelt there by the street. Mr. Grigsby said one of the
township conditions (#5) asked them to install a sidewalk but he said the school
can’t afford the additional expense of the sidewalk at this time. Mr. Grigsby
said the parking lot is all they can afford at this time.
Joe Thompson told him that the recent
remodeling on the old building made it look nice. Mr. Grigsby said the
Warren County
Career Center students did all
the landscaping there. Mr. Rinehart asked if the parking spaces that are there
now are not adequate. Mr. Grigsby said the parking is sufficient now but the
Career Center will be expanding and they will need more parking.
Jim Rinehart asked about the landscaping plan.
Jenny said the staff will work with the applicant to get a landscaping plan
prepared. Jenny showed the board a drawing of the required landscaping and she
said the staff would work with them to make sure they come into compliance.
Jenny said the staff recommends the landscaping to go on the west property line
to screen between the school and the other zoning. Cherry Linder asked for any
public who wants to speak to come forward.
Concerned Citizens Robert Molinaro,
1826 Church Street, Kings Mills,
said he owns the Bed and
Breakfast right next to the school. He said the property is about 2.7 acres.
He said the board continues to talk about putting in more landscaping and he
said he likes the open look. He doesn’t want the row of landscaping which is
proposed. Cherry asked Jenny what they are going to propose. Jenny said the
code recommends a line of landscaping. Robert Bender said there is existing
vegetation. Jenny said they are going to try to save one of the trees.
Discussion/Recommendation
Cherry Linder closed the public portion of the
meeting. Joe Thompson asked Robert Molinaro, 1826 Church Street to come
forward. Joe asked him about the two plans, A and B, and which one he prefers.
Mr. Molinaro said he likes the open plan with less landscaping, which is B
without the trees. Jenny Kaage said the parking lot should have about 3 or 4
trees along it. Robert Bender said he is comfortable with the staff
recommendations except for #6, the requirement for sidewalks. Mr. Bender said
he appreciates the letters which Jenny had from the various agencies showing
that they are aware of the plans and agree with the plan. Cherry said the staff
should put together a Resolution to be reviewed at the next meeting. Robert
Bender said he agrees with something that brings them into code and not worry
about the future apartments or whatever.
Motion There
was a Motion by Robert Bender to approve this case including the staff
recommendations except for the sidewalk provision (Condition #6). Joe
Thompson 2nd the motion.
Jim Rinehart wanted to make sure that the
landscaping is just by the parking lot area.
Robert Bender amended the motion to approve this
case including the staff recommendations, excluding Condition #6 regarding
sidewalks, and making sure the landscaping only includes the parking area on the
west side.
Joe Thompson 2nd the motion.
Roll Call Joe Thompson-yes, James Rinehart-yes, Cherry Linder, yes , and Robert
Bender, yes
The motion was approved.
Doug Miller said that the code refers to “the
majority of the members present” in one instance. It says the “majority of the
members” in the other instance. Robert Bender said if the case would carry over
from one year to the next and you would have different boards or different
chairpersons there could be a problem.
Doug Miller said the majority of a quorum is
sufficient. A quorum is 3. Robert said he would be more comfortable tabling
it. Doug said what if the same thing happens next month. Jim Rinehart said on
the minutes we did a motion and the case was approved. Why do we have to have a
Resolution after that? Doug said if the motion is definite and the conditions
are definite, the Resolution gives us an opportunity to come back for further
discussion on some of the more involved cases. Robert Bender said some of the
cases are simpler and not involved enough to warrant an additional Resolution.
Doug said we can put “journalized on ????
date”. Doug said in the future we can note that the Resolution was passed.
Doug said we are required to produce findings of fact. Doug said we need to
make it clear to the public whether it is a “final” vote or a “straw” vote which
will later be followed up with a Resolution.
NEW BUSINESS
OLD BUSINESS
ADJOURNMENT8:00 PM
Motion Robert Bender to adjourn____2nd__Cherry
Linder____
Roll Call Cherry Linder-yes , Robert
Bender-yes, Joe Thompson-yes, and James
Rinehart-yes
The motion was approved.
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