DEERFIELD TOWNSHIP
Meeting at 4900 Parkway Drive, #180
BOARD OF ZONING APPEALS
6:30 PM –DECEMBER
13th, 2007
MINUTES
CALL TO ORDER Mike
Kean called the meeting to order.
ROLL
CALL
William Heckman, Brian Leary,
James Klatte,
Mike Kean, James Rinehart, and Alternate Greg Porta were present.
James Klatte was absent with notice. Also present was township
attorney, Scott Phillips.
Minutes
Motion by
Greg Porta to approve minutes of
11/08/07.
2nd by
James Rinehart.
Roll Call AYES
William Heckman James Rinehart, James Klatte, Mike Kean, Greg Porta
ABSTAIN Brian Leary
Township attorney, Scott Phillips, administered the oath to those
planning on giving testimony.
Case
#2007-481 Requesting a variance to Section
10.3.C. and to Section 25.12 A
in order to allow an extra detached accessory structure at
9820 Cedar Dr. Walter Harris Residence.
Staff Report
Hayfaa Wadih explained the location of the .32 acre tract and the
applicant’s desire to have a detached garage to store an RV. The
two lots leased by Walter Harris contained the house plus three
accessory structures. Two of the accessory structures were built
prior to Deerfield Township Zoning taking affect. The third
structure was built since Deerfield
Township established their zoning but the applicant was unaware
that he needed a permit. The current application was a request to
grant a permit to the existing third accessory structure. The
applicant said the proposed garage was needed to store his RV.
The following is a
summary of events as stated by the Township Code Enforcement
Officer:
-
A complaint was
filed on 9/12/07 by the Roads and Maintenance Department
concerning the installation of a culvert pipe within the public
right of way and the new construction of a detached garage, in a
front yard area, without the application for an issuance of the
zoning certificate.
-
The Township
Code Enforcement Officers reported to the site, investigated the
matter and recorded the non-compliance issue photographically.
-
Violation notice
with attachment from Deerfield Township Zoning Code was sent out
to applicant on 9/13/07.
In order to abate
the violation, the applicant was advised by the Code Enforcement
officer to either raze the newly constructed RV storage or request a
variance. Applicant chose the latter which brought the request to
Deerfield Township Zoning Appeals.
Ms. Wadih said the
property was well maintained. She suggested the applicant combine
the lots into one.
Ms. Wadih asked the
board if there were questions. Brian Leary asked about the
neighboring house. Greg Porta said this building was actually in
the front yard because in legal terms there were 2 front yards and 2
side yards.
Proponent
Jack and Walter Harris, 9820 Cedar Drive, explained
where the front of the house was located. He explained how several
years ago they worked with Warren
County. He explained the reason for each of the several buildings and that the
garage was built on the property line. He said the RV storage
building was 5 or 6 feet from the road. Mike Kean asked him to
point out which building he was planning to tear down. Walter
Harris said they hadn’t realized they were in violation. Jim
Reinhart asked who owned the property. Jack Harris said he was
purchasing it on Land Contract from Darrell McGill. Mike Kean asked
the board for more questions.
Greg Porta wanted
clarification on which building would be torn down. Brian Leary
asked Ms. Wadih about the accessory structure being “incidental” to
the primary structure but the one lot does not have a primary
structure. Mike Kean asked for any public who would want to speak.
There were none.
Motion
Motion by
Greg Porta to approve Case 2007-481 that the barn be
allowed to stay including 3 conditions as follows: 2nd
Brian Leary.
1.
The existing small shed next to the RV storage shed must be removed
within 12 months.
2.
The 2 lots of record are to be consolidated after the land is
transferred to Mr. Harris in 2010.
3.
Add and grant a variance to Section 25.12 F allowing the shed to be
close to the right of way
Roll Call All
AYES The motion was approved
Case
#2007-482 Requesting
a variance to Section 10.2.C & Section 25.12 B & C in order to allow
an extra detached accessory structure at 9713 Birch Drive, Robert &
Margaret Luckey Residence.
Staff Report
Hayfaa Wadih
explained the location of the property at 9713 Birch Drive. The
applicant’s house was on one lot but a shed was located across the
street on a vacant lot. They were planning to put 2 sheds on the
vacant lot when they inquired about the setback requirement from the
road for a permit. They realized they needed a Deerfield Township
Zoning Permit and that there was a violation. They felt that they
needed the sheds so that was why they chose to come to this hearing.
Proponent Robert and Margaret Luckey,
9713 Birch
Drive,
gave the history of the house and accessory structures on their property
and the vacant lot. He previously had gotten permits from
Warren
County. He told about getting permits from them. He explained
items he had stored in various sheds. Mike Kean asked for them to
explain the location of the vacant lot where one newer shed and one
old shed is located. He asked for more questions from the board.
There were none. There were no public comments.
Motion
Motion by William Heckman to approve the variance for Case
2007-482 including two conditions as follows:
2nd _by Mike Kean/
1. The new
storage facility has no impact on the surrounding adjacent
properties.
2. The lot
is unutilized lot and cannot be used to build a house
Roll Call Mike
Kean-Yes, James. Rinehart-Yes, Brian Leary-Yes, William Heckman-Yes,
Greg Porta-Yes The
motion was approved.
Case 2007-501 Applicant
is appealing the decision in accordance with the
Deerfield Township
Zoning Resolution Section 6.05 located at Kings Mall Shopping Center
Staff Report
Lois McKnight said the township
received an application in September this year for site plan review
to build an hh Gregg Store near the Toyota dealership within the
Kings Automall
Shopping Center.
The site plan was reviewed in light of a previous plan which was
approved at this site. Due to the moratorium on development in May
of this year which was passed by the trustees, a site plan review
was not possible at this time. Ms. McKnight said the property was
zoned General Business. She said there were other issues with the
site plan. Parking spaces were shown as 9 x 18 feet. Our Zoning
Resolution requirement is 10 x 18 feet. The width along the front
of the shopping center needed to be a minimum of 30 feet. Due to
the substantial expansion of the existing structure, the landscaping
must comply with Chapter 21 and a memorandum from the Deerfield
Township Fire Rescue Department was also enclosed with this letter.
Therefore the site plan was not in compliance with our Zoning
Resolution.
There are developments in the township which have the reduced
parking spot size but those are in PUD’s and with PUD’s the staff is
able to have landscaping and other amenities provided through the
“give and take” process. Greg Porta questioned how the Deerfield
Township Fire Rescue comes up with fire lanes. He gave details of
the way
West Chester
Township calculated theirs. Lois McKnight said there is a 30 feet
wide driveway in front of the Toyota but only 24 on the other side
of the center.
Proponent Tom Tepe, Attorney, 1 East 4th
Street, Suite 1400, Cinti., OH,
said they have been trying to get a tenant in there and they were
not asking for a zoning certificate to be issued now. He said they
wanted the site plan review so when the moratorium was over they
could be ready to proceed with it. He said he believed they met the
criteria of the code with their plan. He said there is an issue
with the size of the parking spaces but there are already many
parking spaces in the township that are 9 x 18. He said they would
exceed the requirement on the landscaping.
Greg Malone, Casto, 8280 Montgomery Road, Cinti., OH,
explained the location and history of the shopping center and said
Toyota doesn’t draw people like the Kroger did. He said they have
been working for 3 years to try and get something developed there.
They need an anchor tenant which would draw people. They had
approval for a Fresh Market but through no fault of this board or
Casto, Fresh Market, declined to build a new store. Now Casto has a
commitment from hh Gregg. Their location on Fields-Ertel and
Montgomery Road is too small and they want a 35,000 square feet size
store. He said they would prefer to have 9 x 18 size parking
spaces. He said this is a standard size in the Midwest. Mr. Malone
explained the driveway space near the building.
Greg Porta asked if this plan would be consistent with the
comprehensive plan. Mr. Porta said what this board should be
concentrating on is the fact that Lois McKnight denied approval of
your site plan. As a courtesy she included the parking lot. Mr.
Tepe said they were they to appeal Ms. McKnight’s ruling on this.
Jim Rinehart said they are not talking about variances right now.
Mr. Tepe said they believed that Deerfield Township Zoning was in
error. Greg Porta said this board shouldn’t even be reviewing
this. Scott Phillips said there were two basis for the denial,
first the Moratorium, and secondly, it doesn’t meet the requirement
of the code. Mr. Phillips said there was no granting of the site
plan because the BZA doesn’t do that. Greg Porta said if this board
upheld the decision of the planning department, then there was no
reason to talk about this.
Bill Heckman said the arguing back and forth isn’t very fruitful.
Mr. Malone said they checked their landscape plan and it was in
compliance. Jim Rinehart asked if the staff had seen the plan which
he was talking about. Mr. Rinehart said they need to stick by the
plan and that this board did not approve site plans. Mr. Malone
said they have time sensitive commitments on the development of this
property. Brian Leary said these agreements were done knowing about
the Moratorium and you are asking to get ahead of the time issue
tonight? Greg Malone said they had been working on the development
of this for a number of years. He said they were trying to move
forward and honor the agreement with the tenant in the process. He
said the Moratorium was a major stumbling block. Mike Kean asked
him how did he know that the plan he has tonight would comply with
what comes out after the Moratorium? Greg Malone said he didn’t
know.
Scott Phillips said he sent a consultant’s report on the overlay
district to Mr. Malone and asked him if he had received it. Mike
Kean said if the site plan was approved now, it would have to be
allowed. Greg Porta said even it if was allowed to got on, planning
would have to look at the site plan twice. Bill Heckman said he
sympathized with their desire to go on and encourage this board to
accelerate the process. We should work to try and save them some
time. Scott Phillips said the issue is for this board to decide if
staff made an error. Tom Tepe asked them to look at the Zoning
Resolution. Mike Kean asked if anything before has occurred like
this? Scott Phillips said no.
Bob Garlock, Bayer Becker Engineers,
said as a planner unless the township was considering changing the
zoning map as a part of the comprehensive plan, this board should
approve the appeals. There were two basis for denial. First they
were asking for denial because of the Moritorium and then secondly,
regarding the criteria of the code. He talked about the staff
review process. He said this board does have the authority to
reverse staff’s decision. Mike Kean asked if there was any public
who wanted to talk. There was none.
Discussion & Recommendation
Bill Heckman asked if they were asking for a zoning map. Scott
Phillips said the point is neither a map amendment nor a request for
a zoning certificate but whether a request should be granted or
considered during the Moratorium. Bill Heckman said he could not
understand why allowing them to go through the site plan review
process would hurt anything. He said we should try and accommodate
a business member of our community. Scott Phillips said because the
Moratorium was in affect we would see what was going to be there at
the end of it. Mr. Phillips said but until we actually see the
process run its course, we won’t know what the affect is.
Mr. Heckman said it was approved tentatively once it was in
compliance with the comprehensive plan. Mr. Phillips said the
Moratorium could be lifted early. There could be zone changes
involved with it. Bill Heckman said we should try and move this
process forward. He said there waa hardship for them. He said he
thought they should send this back for another preliminary
approval. Scott Phillips said they were looking for final approval
and we don’t know what the outcome would be. He said the zoning
could stay the same or it could change. Mike Kean said the reason
for the Moratorium was to stop deterioration and poor development to
a business community. Brian Leary said the idea was to make sure
the development was productive and long term for the township. We
still have the option when they come back for final approval. Scott
Phillips said they do not have to come back. This is not a PUD.
Bill Heckman said they were trying to save some time. Mike Kean
asked how long it took. Lois McKnight said a site plan review takes
30 days. Bill Heckman said if they have to come back two or three
times, that would be 90 days. Mike Kean asked if this board could
send this back to staff.
Greg Porta said he had a problem with a site plan being approved.
He said that would be overturning the decision of the Community
Development Director, Lois McKnight. Bill Heckman said it was wrong
to hold them up. There was a lot of discussion. Greg Porta said
the approval for the site plan will prompt them to ask for a Zoning
Certificate. Scott Phillps said either their plan complies or it
doesn’t. This is not a PUD.
Bill Heckman asked Greg Malone some questions and there was more
discussion. Mr. Malone complained about the time involved in
seeking site plan approval. Bill Heckman said they could approve
the request and ask staff to meet with them. Greg Porta asked Lois
to explain the process to get his site plan approval. Lois said
there was an application deadline, staff does report, paper and
property owners are notified, meeting is held. If they want
additional information they can request it. Greg Porta said they
need to get approval. Greg Malone said they asked for approval
tonight based on denial from the staff. Greg Porta asked if they
wanted to be put on the Zoning Commission agenda. Greg Porta said
this board doesn’t know what the Comprehensive Plan would change.
Lois McKnight said a zoning certificate could be issued but that
must be preceded by a site plan review. Greg Porta asked how much
redevelopment was going to occur in that strip? Bill Heckman said
we need to work with our tax paying developers. Greg Porta said hh
Gregg would be a great anchor but maybe there would something in
that comprehensive plan which could change things. Bill Heckman
said the Moratorium was for 5 more months. He said they could table
this and have the applicant work with staff.
Motion
Motion by William Heckman to approve Case 2007-501 to overturn
the denial decision by the
Deerfield Township staff based on
the moratorium 2nd
by
Brian Leary.
There was more discussion before the vote. Roll Call Greg Porta-No,
Mike Kean-No, James Rinehart-Yes, Brian Leary-Yes, William
Heckman-Yes The
motion was approved.Scott Phillips said there is a second part
of the decision. He said they need to determine if she(Lois
McKnight) was incorrect in not accepting a site plan review which
did not conform with the Zoning Resolution.
Motion
Greg
Porta made a motion that this board uphold her (Lois McKnight)
decision based on
the reason of meeting the resolution as it is stated
parking, landscaping, and drive aisles.
2nd by
Mike Kean.
Tom Tepe said they would withdraw the appeal with the understanding
that the decision allowed them to go back to the Zoning Commission
to argue the merits of the plan with that body. Greg Malone said
there are other components which would affect the parking the width
and the drive aisles. He said they would be willing to work with
Staff to resolve these issues. Scott Phillips she cannot base a
denial on submitting this to the Zoning Commission
If they withdraw there would be nothing to take to Zoning Commission
and at that time Staff could review it to see if it is in
compliance. There was a motion by
Greg Porta to
withdraw the last motion.
There was no second necessary.
Motion
Motion by
James Rinehart to accept the applicant’s decision to withdraw the
appeal due to issues with parking space dimensions, landscaping, and
drive aisles. 2nd by William Heckman. Roll Call Brian
Leary-Yes William Heckman-Yes, Mike Kean-Yes, Greg Porta-Yes, James
Rinehart-Yes The motion was approved.
Old Business
Brian Leary asked about the signage at the
law firm across the street from Meijer on Route 22 & 3 and if it is
in compliance.
Adjourn
Motion
to adjourn by Greg Porta.
2nd_by
Bill Heckman
Roll Call The vote
was all yes.
________________________________________
______________________________________
Mike Kean,
Chairperson
William Heckman, Secretary
BZA12_13_07.MIN
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