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DEERFIELD TOWNSHIP DRAFT COPY

BOARD OF ZONING APPEALS

6:30 PM – JANUARY 11th, 2007

MINUTES

CALL TO ORDER: James Klatte

ROLL CALL James Rinehart, Brian Leary, James Klatte, Mike Kean, and Alternate Greg Porta were present. William Heckman was absent. Also present was township legal advisor, Scott Phillips.

Minutes Motion to approve minutes of 12/14/06 by Mike Kean. 2^nd by Greg Porta.

Roll Call: Brian Leary-Yes, James Klatte-Yes, James Rinehart-Yes, Mike Kean-Yes Greg Porta-Yes.

The motion was approved.

James Klatte administered the oath to those planning to give testimony.

CASE 2006-667 8844 Columbia Road, Loveland, Request for Sign Variance

Staff Report Hayfaa Wadih stated the applicant is seeking a sign variance for the 20 Mile Station Shopping Center which would change the wall sign allowance from one square foot of sign area for each linear foot of frontage to two square feet of signage area for one foot of linear frontage. They are also requesting up to two signs for the end units of the shopping center. She said the setback of 400 feet from Route 22 & 3 makes the small signs difficult to see. Staff considered the facts in this case as follows: existing signs have not been approved according to unified standards; some stores have small frontages which put them at a competitive disadvantage; the large front setback of the shopping center from the road makes the stores with a small frontage and smaller signs unreadable; and more tenants are and will be requesting variances. Ms. Wadih said staff recommended approval including one condition.

Brian Leary asked if the staff has a plan for the transition period since there are existing signs. Lois McKnight said she recommended that the signs which were previously installed legally due to the ruling of this board or allowed by the Deerfield Township Zoning Resolution would stay but any new signs for an existing tenant or a new tenant moving in would comply with the direction the board agrees upon this evening.

James Klatte closed this portion of the meeting and asked for the proponent to come forward.

Proponent Steve Davis, Davis Sign Solutions, 9435 Waterstone Blvd., Cinti., OH 45249, said a couple months ago he had a call from Steve Waxman about signage at this shopping center. He said he had been before this board before on the Karen Taylor Salon. He showed photos of all of the many signs which have be used at this shopping center. He showed how 2 square feet of signage area for 1 foot of linear frontage worked with the distance from the street and how that affected the readability of the signage. He said the tenants there, including Spa Chocolat, have temporary banners until after this meeting.

Mr. Klatte asked him if he is representing them. Mr. Davis said the owners asked him to come here to represent them.

Steve Waxman, 901 Island Road, Cinti, OH 45215, said he is a partner in the ownership of this center and verified that they asked Mr. Davis to be here tonight. He said it is imperative that the tenants have adequate signage considering the distance from Route 22 & 3. His request is for the board to approve this variance.

Mr. Klatte asked about the ground mounted sign out front. Mr. Waxman said they would keep both the ground mounted sign and the wall signs.

Mr. Leary asked if tenants went under the gables, how many store fronts there are. Mr. Waxman said if Club Champions moved out they would vacate 6000 square feet but 1500 square feet is a normal size space. They would leave space for four tenants but there are two spare gables. He said they could put two tenant signs per gable if necessary.

Jim Rinehart asked if the signs which are there now would stay. Ms. McKnight said they would stay. She said if the board would approve the variance as requested, ultimately at some point in the future the uniform standard would be achieved.

Greg Porta asked if the ground mounted sign has enough room for all the tenants. Mr. Waxman said yes and all the tenants are listed there now with one vacant space.

Jim Pandzic, Cintech Construction, 10 Tech View Place, Cinti., OH 45215, said he was involved with the initial design of this center. He said the intent was for the gables to be used for signage. It was realized that the signage should be high because of the distance from Route 22 & 3. They are asking for approval for this variance and as the tenants changed, the signs would be individual but the size would be uniform.

Mr. Klatte asked for board questions. There were none. There was no public who wanted to speak.

Board Discussion The Board reviewed the photos of the existing and proposed signage presented by the applicant. Discussion included the positioning of the tenants relative to the gables and the need for uniform signage. Concern regarding the need to address the overall signage requirements in the Deerfield Township Zoning was expressed.

Motion Motion by Brian Leary to approve Case 2006-667 including the one condition from staff and adding a 2^nd condition as follows:

1. All applicants for zoning permits for new signs shall provide a scaled drawing prepared by a professional designer showing compliance with this decision.

2. Calculations for signs be established according to store frontage. Signs cannot be accumulative for purposes of calculating square footage on corner units.

Secondby James Klatte

Roll Call Greg Porta-No, James Rinehart-Yes, Brian Leary-Yes, James Klatte-Yes, Mike Kean-Yes.

The motion was approved.

Attorney Scott Phillips administered the oath to those planning to give testimony.

CASE 2006-668 8582 Southland Drive, Maineville, Request for appeal on Township Inspector ruling on storage in a private garage

Staff Report Lois McKnight stated this was an appeal in behalf of Joseph and Inez Diss. Their attorney, Joseph Trauth, submitted the paper work to the township. Ms. McKnight reviewed the information provided to the Board as a part of the file.

- November 20, 2006 letter from Joseph L. Trauth, Jr. to the Board of Zoning Appeals

- November 2, 2006 letter from Ronnie W. Caldwell to Mr. Diss

- October 23, 2006, complaint filed by Joe Diss concerning property located at 8582 Southland Drive

- 2005 copy of petition

- July 14, 2004 Zoning Complaint Log

- September 26, 2002 letter from Kevin Fehring to Kenneth and Lynda Byrnside

- August 26, 2002 miscellaneous enforcement records

- August 28, 2002 application for the construction of a garage addition

- May 4, 1999 application and zoning certificate for accessory structure

Ms. McKnight said Mr. Diss contacted the zoning office and he was instructed to fill out a formal complaint form. The Code Enforcement Officer investigated the complaint as requested and determined that there was more than one boat stored in the subject building. He brought the results of his investigation back to Ms. McKnight and she discussed the issue with the township administrator and the township law director, including the fact that there were inconsistencies with the zoning code and the position which the township would be in by investigating individual use of detached garages for storage. As a result of their discussions they felt it would be inappropriate at this time to take action on Mr. Diss’ complaint.

Proponents Sean Seuter, Keating Muething Klekamp, 1 East 4^th Street, Suite 1400, Cinti., OH 45202, said he represents Joe and Inez Diss, 2314 Old Mill Road, Maineville, OH and Jenny and Mike Bowen, 8606 Southland Drive, Maineville, OH. Mr. & Mrs. Diss are appealing the ruling by Ron Caldwell. There are multiple boats being stored at the residence at 8582 Southland Drive. This is a clear violation of the zoning resolution Section 20.01 which prohibits storage of more than one boat on a residential property. Mr. Seuter asked the board to do what Mr. Caldwell and the Deerfield Township Zoning Department refused to do and enforce the rule which states that only one boat can be stored on a residential property.

Joseph Diss, 2314 Old Mill Road, asked the board for questions. Mr. Porta asked Mr. Diss where he is located in conjunction with the subject property. Mr. Diss showed some photos to the board and pointed out his daughter’s house which is closer than he is to the subject property.

Jim Klatte asked if he has any boats or trailers on his property. Mr. Diss said he has a small fishing boat. Mr. Diss explained to the board the size of the motors on the boats at the subject property.

Jim Rinehart asked him if there is a noise problem. Mr. Diss said there is but he didn’t feel this board had any jurisdiction over the noise.

Jim Klatte asked him if the utility trailer is on his property. Mr. Diss said he has 2 trailers on his property.

Mr. Porta asked Mr. Diss to explain the photos showing boats outside. Is this a one time thing or are the boats outside? Mr. Diss said the boats are in and out and they do tune ups outside and that is 30 feet from his daughter’s house.

Jim Rinehart asked if the boats are kept outside for long periods of time. Mr. Diss said they usually get the work done and put them back inside. Mr. Diss said Kevin Fehring’s observation was done over a long period of time, 3-4 months.

Jenny Bowman, 8606 Southland Drive, said there are numerous boats being stored in the pole barn. It is used for a maintenance building and a repair shop.

Brian Leary asked if she believed a service was being operated out of that building. Ms. Bowman said she didn’t know that for sure. She said they bring boats with them sometimes. She said it is noisy.

Concerned Citizens Lynda Byrnside, 8582 Southland Drive, Maineville, distributed her documentation on the building since it was erected in 1999. Ms. Byrnside said 9/26/02, her brother-in-law had a 26 foot boat and he stored it outside on their property for 30 days. When they first built the pole barn, she didn’t know the procedure. When they did the addition, she wasn’t aware they needed a permit but after they were notified, they did get a permit. She said believed that they are not in violation. They are not receiving any money to store the boats. The maintenance man sometimes comes and changes the oil. The boats belong to their friends.

Mr. Klatte asked how many boats are there now. She said 3 friends boats are there.

Mr. Klatte asked if the setback of the building is in compliance. Ms. McKnight said that it is.

Michelle Minors, 2353 Old Mill Road, Maineville, said that storing these boats does not hurt the neighborhood. The mechanic comes and works on the boat on her property. She said the township should not be telling residents what they are allowed to buy and store in their garages. The neighbors get along very well. Everyone keeps up their property and they all have two acre lots. She said Joe Diss has his trailer stored on her property behind her barn. She asked the board to do their homework so they don’t have to waste their time on issues such as this.

Ken Byrnside, 8582 Southland Drive, Maineville, said he was told by Kevin Fehring to put the boats inside and not leave them outside. He said boats must be moved outside so they can be started after they have been sitting for a long time, to be winterized or de-winterized.

Mike Farley, 8665 LaSabre Drive, Maineville, said he had his boat stored in Mr. Byrnside’s garage. He said he only used his boat 4 times last summer. It was started in the spring and started in the winter.

Brian Leary asked him if he pays anything to store his boat there. Mr. Farley said no.

Greg Porta asked him if he pays the mechanic to do work on the boat. Mr. Farley said when the mechanic comes it is done in the building and he said he does pay him.

Dave Schooler, 2100 Pine Road, Loveland, said he didn’t like the way the code is written. Jim Klatte said this board couldn’t change the zoning code but they can make recommendations.

Brian Leary asked him how many times he took the boat out last year. Mr. Schooler said he took it out twice and used it twice.

Tom Myers, 2353 Old Mill Road, Maineville, said people should be allowed to put what they want inside their pole barn.

Lynda Byrnside, 8582 Southland Drive, Maineville, said she wanted to clarify the subject of money. If the mechanic comes, he is not paid by the Byrnsides. The exchange of money is not done on her property but it is taken care of by the owner of the boat.

Mr. Klatte closed this portion of the meeting.

Board Discussion Jim Rinehart said he had a boat and in order to store it at his son’s house, he had the title put in his son’s name.

Brian Leary said he appreciated where they are at and what they are trying to do. Mr. Leary said he personally didn’t think they were doing anything wrong. He said he was not quite sure how to handle this.

Mike Kean said he could see room for interpretation on the way it is written.

Scott Phillips said this is an odd situation where 20.01 said you can have 3 trailers but you can only have one boat. Travel trailer is not defined in the code. You could have a boat on a travel trailer or have a boat on a trailer. When you get to the definition of a private garage it seems to indicate that it is to be utilized by the owner. Mr. Phillips said how do you resolve ambiguity? Generally from a zoning code perspective the tie goes to the property owner. If you look at this and it cannot be reconciled, then the property owner gets the benefit of the doubt. Mr. Phillips said he thinks this is where the staff is coming from. He said the property owner is not without recourse. The ORC 519.24 gives a private cause of action to an adjoining property owner if he or she believes there is a zoning violation and they can take that case directly to Common Pleas. Given the fact that this is less than clear and the rational behind 20.01 makes no sense, he thinks staff did the right thing to take a pass on this one.

There was more discussion. Mike Kean said he wouldn’t want to contradict what the Zoning Code Enforcement Officer has done. Brian Leary asked exactly what they are deciding here tonight.

Scott Phillips said basically the code allows decisions or lack of decisions by staff that somebody disagrees with to be appealed to this Board of Zoning Appeals. You either agree with staff’s decision or you agree with the proponent.

Jim Rinehart asked what they do with the inconsistencies with the code. Mr. Phillips said the Zoning Commission would work on that.

Mr. Klatte said this board should send this back to the Zoning Commission regarding the problems with the code.

Greg Porta said on a daily basis the Zoning Inspector must read and interpret the code and the “intent” of the code.” Mr. Porta said the intent of the code is that you don’t have several boats sitting outside in your yard, but not to regulate the right to privacy or what is inside their garage area. He said he believed the proponents sited the wrong section (20.01) of the code. Their main complaint is maintenance and repair of the boats by someone other than the owner of the boat. Mr. Porta said it is not an issue with storage. He said he would have made the same decision as Ron Caldwell. Mr. Porta said by the ORC you have the right to make minimum repairs of your own vehicle in your driveway.

Attorney, Sean Seuter, Keating Muething Klekamp, 1 East 4^th Street, Suite 1400, Cinti., OH, asked if he can have a rebuttal. Scott Phillips told him the portion of the meeting where he spoke has been closed.

Jim Klatte told him to come forward. Mr. Seuter said the reason they sited code Section 20.01, is that is what they could prove.

Motion Motion by Brian Leary to deny the appeal in Case 2006-668. Secondby Greg Porta

Roll Call Greg Porta-Yes, James Rinehart-Yes, Brian Leary-Yes, Mike Kean-Yes, James Klatte-Yes.

The motion was approved.

Mr. Klatte told the proponent if they have suggestions for changes to the code, to contact the Deerfield Township Trustees.

Mr. Klatte said election of new officers for 2007 would be postponed.

New Business Greg Porta noticed that the Ace Hardware has a sign with lights that they stated at their variance hearing would not be lit. He requested that Ron Caldwell please check on that. In the Fields-Ertel Strip Mall, they stated that they would get rid of all the cars with the advertising signs out near the road but they have not.

Lois McKnight said in the future the staff reports will no longer have recommendations from the staff. She staff would still assist with the technical aspect and writing of any conditions pertaining to the case. Scott Phillips said that is consistent with how it is done in other jurisdictions.

Greg Porta said he would like for the staff to review the zoning code regarding signs. Scott Phillips said they have been working with the staff regarding the code. He suggested a Comprehensive Plan be done first.

Adjourn Motion by James Rinehart to adjourn Second by James Klatte

Roll Call Brian Leary-Yes, James Klatte-Yes, Greg Porta-Yes, James Rinehart-Yes, Mike Kean-Yes The motion was approved.

_______________________________________ ______________________________________

James Klatte, Chairperson Date Daniel Hendy, Secretary Date

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