DRAFT
Board of Zoning Appeals Meeting Minutes
May 8th, 2003
6:30
PM – Trustee Meeting Room
CALL TO
ORDER:
Cherry Linder, Chairman, called
the meeting to order at 6:35 PM.
ROLL CALL:
James Rinehart, Cherry Linder ,
Robert Bender, and Joe Thompson were present. Pat Cain was absent. Also
present was township attorney, Doug Miller.
MINUTES:
Minutes Board of Zoning
Appeals, April 10,
2003.
Discussion/
There were no changes. There
was discussion on question marks in the
Recommendation
minutes for an unknown date, in the last paragraph “journalized
on ???? date”. Ms. Linder seemed to think we should put in “such and such” in
place of the question marks.
Motion
There was a motion_by
James Rinehart to approve the minutes of
April 10, 2003, as written. There was a 2nd_by Robert Bender.
Roll Call Joe
Thompson-yes, James Rinehart-yes, Cherry Linder-yes, Robert Bender-yes
The motion was approved.
RESOLUTION 2003-138
Kings
School,
1797 King Avenue, Parking Lot
Discussion/
Jenny Kaage made sure that
“Exhibit A” was included as the last page of the
Recommendation
resolution because that page
contains the conditions. Cherry Linder asked Jenny if she has plans for
landscaping. Jenny said part of zoning permit approval is that they must submit
a landscaping plan. Robert Bender asked about sidewalks not being required.
Jenny said sidewalks are not a requirement. The township has a policy
to recommend sidewalks. Cherry Linder said that in the resolution it refers to
construction and since this is a parking lot, there is no construction. She
asked why that reference was in there. Doug Miller said that every resolution
would have that statement and it is a standard item in there.
Motion
There was a motion by
Robert Bender to approve Resolution 2003-138 as
written. There was a 2nd_by James Rinehart.
Roll Call
Joe Thompson-yes, James Rinehart-yes, Cherry Linder-yes, Robert Bender-yes
The motion was approved.
CASE 2003-181 7923 Old 3 – C Highway, Countrywood,
Ltd., Request for Conditional Use in R-SF for Country Manor Bed & Breakfast
Staff Report
Jenny Kaage described this
property and the proponent’s desire to seek approval in order to use it for a
Bed and Breakfast, small weddings, and corporate retreats. Jenny explained that
this would be a conditional use under the Residential Single Family Zoning.
Jenny said in the event this proposal would be approved the staff recommends the
approval be subject to 4 conditions. Jenny went over the 4 conditions. Ms.
Linder asked the board for questions of Jenny. There were none.
Cherry Linder swore in those in
the audience who would be giving testimony tonight.
Regarding this case, Ms. Linder said she would like to hear
from the DTFR (Fire Department ) first.
Doug Weymeyer, Captain of the
Deerfield Township Fire Department,
said that they will be required to apply for a building permit from Warren
County. He said that he did visit the site. Doug said it will be a hotel type
business. Smoke detectors must be in place. A sprinkler system may not be
required because of the way the buildings are spread out and the low numbers of
persons in each building. He said one of his concerns is having water to put
out fires but there is a pond on the property which helps. He said a “dry” fire
hydrant can be installed; whereby, in a fire emergency the dry fire hydrant
would draw water from the pond. Doug is concerned also about the road and that
the driveway up the hill would support the heavy weight of the fire trucks. He
also suggested guard rails on one area of the driveway which has a steep drop
off. Joe Thompson asked how far the pond is from the structures and Jenny Kaage
said it is about 100 feet from the main structure.
Proponent Peter Countryman, 7923 Old 3-C Highway,
came forward and pointed out several buildings on the property and the location
of the pond. He also showed where the “dry” fire hydrant would be located.
Doug Wehmeyer said the “dry” fire hydrant would be installed according to fire
code standards. Mr. Countryman pointed out the part of the driveway which has a
steep hill (drop-off) beside it and he said they would be willing to install
guard rails there.
Doug said the fire department requirements would be as
follows: 1) fire protection for the house, 2) insure that the
driveway has load capability for fire trucks, 3) insure that there is
sufficient turning radius for large vehicles, and 4) that the owner has
an address posted at the street.
Proponent
Elizabeth Joan Countryman, 7923 Old 3-C Highway, said that when
they purchased this property 14 years ago there were stakes all over the
property. She said they do not want this property to be developed into a
subdivision. She said they restored the 150 year old home and added a barn and
a garden house. She said that 40 people can fit in the garden house and it
would be nice for small weddings and meetings. Ms. Countryman said that
development is coming. Mr. Countryman mentioned several surrounding neighbors
who he thinks would be interested in developing their property.
Doug Wehmeyer, Captain of
the Deerfield Township Fire Department, was asked to come back for
questions. Cherry Linder said she doesn’t think they should have weddings or
large parties with the driveway situation there. Doug said the fire department
will make sure they will be able to get their apparatus up there and be able to
turn around. Cherry asked him about a crowd of 40 people. Doug said that would
be no more than the numbers they have at club houses in many of our
neighborhoods. Doug said they will be required to have a yearly inspection. He
said sometimes the fire department goes out on the weekends and visits these
facilities to make sure they are in compliance with their numbers. Doug said
the pond is a valuable asset for fire safety.
Close Open Portion
Cherry closed the open portion
of the meeting.
Discussion/
There was discussion on viewing the property. Robert
Bender said if needed,
Recommendation
Tim would set it up for them to go and view the property but he
said he is happy to allow the county and the fire department do their jobs. Mr.
Bender asked Doug Wehmeyer if the fire department has to set occupancy
limitations. Doug said the county would set the number and the fire department
would enforce it. Cherry Linder said she e-mailed Jenny because she was
concerned about this type of operation and what the code says on Residential
Single Family requirements. She sited some pages in the code (P 37 & 38) which
refers to conditional uses. Doug Miller said the problem would come if the
weddings or groups disturbed surrounding neighbors. Doug Miller said that this
is an accessory use to the Bed & Breakfast if the wedding party stays there. If
they go there just for the wedding without staying then there could be a
problem. Jim Rinehart asked Doug Miller what
type
of zoning would allow this type of operation and Doug said probably a General
Business zoning would work Jenny Kaage stated that in the south the Bed &
Breakfasts do this, weddings, receptions, business meetings,
etc. Robert Bender asked Mr. Countryman to come back for questions. Mr. Bender
asked Mr. Countryman if the primary intent for use for this property to operate
a bed and breakfast or is your primary goal to have “events?”
Peter Countryman, 7923 Old 3-C Highway,
said his intent is for both. Robert Bender asked him how many events does he
anticipate on holding each year? Mr. Countryrman said as many as 20 events, 20
weekends. Mr. Bender asked him how many nights does he plan to have it rented
out. Mr. Countryman said 365 days a year. Mr. Countryman said for the events,
there is a Garden House which has a bedroom to be rented but the rest of the
building could be used for a meeting. Cherry Linder asked Doug Miller if the
zoning should be changed from Residential Single Family. Doug Miller said that
this is a conditional use. Doug Miller said if there are complaints we would
make the stipulation that the wedding party or patrons is staying at the bed and
breakfast. eter Countryman said most of the time some of the rooms would be
rented to the wedding party/family. Doug Miller wondered if there would be
weddings and nobody staying at the B & B. Doug said we could approve the bed
and breakfast and uses accessory to the bed and breakfast. Ms. Linder asked if
accessory use term kind of vague. Doug Miller said he would write up. Ms.
Linder said the code refers to 4 units. They have 5 units. Doug Miller asked
Mr. Wehmeyer if 5 units instead of 4 would make a different to the fire code
requirements. Mr. Wehmeyer said it would not make a difference. He said this a
very unique situation because the people are spread out over several buildings
and not all in the same building. Doug Miller said as long as the wedding
parties are staying there to spend the night there would not be a problem.
Robert Bender said he would be comfortable approving the resolution as written
and let the township, the fire department, and the county do their job. He said
he wouldn’t worry about the 5th lodging area either. Joe Thompson
said he agreed.
Motion There was a motion by Robert Bender
to approve Resolution #2003-181 as
written.
2nd _by Joe Thompson
Roll Call
Robert Bender-yes , Joe Thompson-yes, James Rinehart,-yes,Cherry Linder-no
The motion was approved.
NEW BUSINESS
Jim Rinehart said that he was
able to go to the trustees and get the interview process going for new board
members. Jenny Kaage said it is going to take a while because they have only
interviewed four persons and there are several more to be interviewed.
ADJOURNMENT
8:50 PM Motion to adourn by Robert Bender__2nd__by
Cherry Linder_
Roll Call
Cherry Linder -yes, Robert Bender-yes, Joe
Thompson-yes, James Rinehart-yes
The motion was approved.
________________________________________
__________________________________________
Cherry Linder,
Chairperson Date Pat Cain,
Secretary Date
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