Meeting at 3292 Montgomery Road
DEERFIELD TOWNSHIP
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DRAFT - Deerfield Township Meeting Room BOARD OF ZONING
APPEALS
6:30 PM – NOVEMBER
10th, 2005
MINUTES
ROLL CALL:
James Rinehart,
Cherry Linder, William Heckman, James Klatte, and Mike Kean were present. Brian
Leary was absent. Also present was township legal advisor, Scott Phillips.
CALL
TO ORDER
In the absence of Brian Leary, Cherry Linder called the meeting
to order.
Minutes
James Klatte
made a motion to approve the minutes of 08/11/05. Seconded by Mike Kean.
Roll Call: Mike Kean-Yes, James Klatte-Yes, James Rinehart-Abstained, Cherry
Linder-Yes, William Heckman-Yes. The motion was approved.
Township Attorney
Scott Phillips administered the oath to those planning to give testimony.
CASE 2005-669
Application for
Variance to Section 22.10 B.1.b & 22.02 Paragraph A for a Sign at 9673 Kings
Automall Drive for Terry Lee Chevrolet
Staff
Presentation
Lois McKnight explained the request filed on the behalf of Terry
Lee Chevrolet, the area surrounding the site and the zoning of the surrounding
area. Terry Lee Chevrolet had an approved variance and permission by this board
in 2002 to install a sign 40 feet in height and 254 square feet in area. This
variance was valid for one year. During that time Terry Lee did not request a
zoning permit for the sign so therefore the variance expired. The Deerfield
Township Zoning Resolution was amended in February 2003, and June 2005. Since
then the maximum height allowance has been reduced to seven (7) feet and the
maximum area allowance has been reduced to 35 square feet. In addition, in 2005
the Resolution was amended to specifically prohibit electronic message boards.
Ms. McKnight said that the staff recommended denial.
Cherry
Linder asked for any proponents or public to come forward and speak at this
time.
Proponent Melinda Knisley, Attorney with Crosstreet Law
Offices, 7746 Beechmont Ave., Cinti., OH 45255,
representing Terry Lee Chevrolet, said that Terry Lee started from “scratch” a
few years ago. She said the other dealerships were multi-generational businesses
and that Terry Lee came in as a “new kid on the block.” She said that he has
been very successful and that he has put in additional landscaping and that he
has cleared brush near I-71. Ms. Knisley said that the requested message board
could be used for community events, time, temperature, and announcements. Ms.
Knisley explained that Terry Lee has been involved in the community and has done
a lot of charity work. She asked the board to approve this variance.
Ms.
Linder closed this portion of the meeting and asked for Board Discussion.
Discussion
Mr. Klatte asked if they would
be close to the interstate or be infringing on that. He was told they are not
infringing into the public right of way. Jim Rinehart said when Terry Lee
received approval the last time, they were new and getting started but now this
board must abide by the new zoning rules. Mike Kean said that when they received
approval the first time, they were not so well known but now Terry Lee is a
household name.
Motion
Motion by James Rinehart to deny the applicant the variance in Case 2005-669,
due to the changes to our zoning code regarding height and size and the rule
against reader boards. Seconded by
Cherry Linder
Roll Call, William
Heckman-Abstained, James Rinehart-Yes, Cherry Linder-Yes, Brian James
Klatte-Yes, Mike Kean-Yes. The motion was approved.
Township Attorney
Scott Phillips administered the oath to those planning to give testimony.
CASE 2005-668
Application for Variance to Section 22.10 for Sign at
9918 Escort
Drive for Baymont Inn
Staff
Presentation
Lois McKnight explained the location of the subject property and
the request for the variance to the zoning code regarding the signage. She
described the current signage with the Baymont Inn name and their proposed
signage with the La Quinta name. Ms. McKnight recommended approval as proposed
including one condition as follows:
1. The signs as proposed be approved for
issuance of a zoning permit with the exception that the freestanding sign
located on Escort Drive be limited to a maximum of seven (7) feet in height and
a maximum area of 35 SF.
The board
discussed each sign which was proposed. Ms. Linder asked for the proponent to
come forward.
Proponent Wendy Moeller, McBride Dale Clarion,
5725 Dragon Way,
Suite 220, Cinti., OH 45227,
said they are replacing the current signs. They are not changing the height. On
the highway sign the height looks taller only because the logo is narrower and
taller. The east elevation square footage decreased from 122 square feet to 110
square feet. On the west the sign would stay the same at 110 square feet. The
freestanding sign on Escort drive would be smaller. The overall height has
dropped except for the highway sign and the overall square footage has dropped
50 square feet based on the Township’s configuration or 80 square feet based on
her calculations.
Jim
Rinehart asked her if the existing sign over the canopy sign would be going
away. Ms. Moeller said yes.
Mr.
Rinehart asked her about the free standing sign. Ms. Moeller said the free
standing sign would be 7 feet high.
William
Heckman said if the “enter” arrow would be removed from the ground mounted that
would decrease the square footage.
Mr. Kean
asked if she has arranged to have her hotel put on the freeway information
signs. She said yes.
Cherry
Linder closed the public portion of the meeting and asked for board discussion.
Ronnie Kingsburg, LaQuinta Corp., 909 Hidden Ridge, Dallas, TX 75038,
came forward
and provided some clarification on the drawings.
Discussion
Jim Rinehart said the freeway
sign is just replacing the previous one but what type of hardship are we putting
on the applicant. Mr. Heckman said we are near other government jurisdictions
which have the highway signs near I-71. Scott Phillips said he would
characterize this as a minor modification for a non-conforming pre-existing use.
He said the zoning resolution doesn’t have a lot of leniency as it relates to
substitution and non-conforming uses but he said he would be uncomfortable
recommending that when the wording on the sign changes the non-conforming use
stops. The board would be taking a big risk. What they are offering you is a
better situation, especially if the ground mounted sign stays under 7 feet. This
way you would be doing what your zoning resolution anticipates trying to bring
as many non-conforming issues into conformity as possible but at the same time
recognizing that there are certain rights.
Motion Motion by William Heckman to
approve Case 2005-668 with one condition from the
Staff
as follows:
The signs as proposed be
approved for issuance of a zoning permit with the exception that the
freestanding sign located on Escort Drive be limited to a maximum of seven (7)
feet in height and a maximum area of 35 SF.
Seconded by James
Rinehart.
Roll Call: James Rinehart-Yes,
Cherry Linder-Yes, James Klatte-Yes, William Heckman-Yes, Mike Kean-Yes. The
motion was approved.
Approval of Schedule for BZA Meetings of 2006.
Motion
James
Klatte made a motion to approve the schedule for 2006. Seconded by William
Heckman.
Roll Call: James Klatte-Yes, James
Rinehart-Yes, Cherry Linder-Yes, William Heckman-Yes, Mike Kean-Yes. The motion
was approved.
Old
Business
William Heckman said that the
Board approved some signage for an optometrist and part of the approval was that
they remove the old sign on the mail box which has not been done. Ms. Linder
said this was Dr. Hagee. Ms. McKnight said the Code Enforcement Officer would
check on this. She also said they are in the process of hiring a planner.
New
Business
Jim Rinehart asked if any of the board members time expired for
them serving in this board. Cherry Linder said that her time of service expires
at the end of the year. Mr. Rinehart commented on Mayank Kumar moving to New
Jersey and that he did a very good job for the township.
Adjourn
Motion by James Rinehart to
adjourn. Seconded by Cherry Linder.
Motion approved.
__________________________________________________
_____________________________________________________
Cherry Linder, Acting
Chairperson Date William Heckman,
Secretary Date
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