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DEERFIELD TOWNSHIP

BOARD OF ZONING APPEALS

6:30 PM – March 8th, 2007

MINUTES

CALL TO ORDER: James Klatte called the meeting to order.

ROLL CALL James Rinehart, James Klatte, and Alternate Greg Porta were present. Brian Leary, William Heckman, and Mike Kean were absent with notice. Also present was Deerfield Township Attorney, Dan Hendy.

Jim Klatte reminded the board that decisions have to be made unanimously tonight because only three members of the Board are present.

Minutes Motion by Greg Porta to approve minutes of 02.08.07. Second by. Jim Rinehart

Roll Call James Klatte-Yes, Greg Porta-Yes, James Rinehart-Yes

The motion was approved.

Motion by James Klatte to postpone the election of officers for 2007 until we have more board members present. Second by.Jim Rinehart.

Roll Call: James Klatte-Yes, Greg Porta-Yes, James Rinehart-Yes

The motion was approved.

Township attorney, Daniel Hendy, administered the oath to those giving testimony.

CASE 2007-059 9501 Country Trail, Variance to Section 25.09A1 to construct an inground pool in the rear front yard.

Staff Report Hayfaa Wadih stated that the variance was a request to allow the building of an inground pool at 9501 Country Trail. The zoning of the property is Residential Single Family. She said the property had two frontages, one frontage on Columbia Road to the west and the other one at 9501 Country Trail to the east. There is a 15 feet easement along Columbia Road. Hayfaa Wadih explained the setbacks at 33 feet to the north side and 24 feet to the south side. Additionally, the neighborhood did not have a community pool.

The Deerfield Township Zoning Resolution required the swimming pool to be in the back yard and must be setback 10 feet from the side and rear property lines. Hayfaa Wadih showed photos of the property to the board. Jim Klatte asked the board for questions. There were none. He invited the proponent to come forward.

Proponent Mike McGraw, 9501 Country Trail, said their neighborhood had no pool and they wanted a pool for their children. He said his family does many activities and they would enjoy a pool. He explained that he could move his deck and make it smaller and the pool would not be in the easement but said he wanted to keep the deck as large as it currently was. He shared some photos of his property. He said he drove around for 45 minutes and took photos of nine other pools in Deerfield Township with similar situations, on corner lots with two frontages. Jim Klatte said this board looked at each case separately. Mr. McGraw said he talked to a few neighbors and they had no objection to his proposed pool. Mr. McGraw said the back yard was already fenced in. There were no others who wanted to speak. Jim Rinehart asked Mr. McGraw about the type of fence he had. He said the fence was the split rail with the mesh fence behind it.

Board Discussion Jim Klatte said the proponent had contacted neighbors and tried to do his part. Jim Rinehart said there was a landscaped buffer.

Motion Motion by Greg Porta to approve Case 2007-059 with the condition that the swimming pool comply with all other regulations and required permits. Their findings were as follows:

1. The hardship is imposed by the nature of corner lot

2. The proposed swimming pool will be screened by natural buffer utility easement along Columbia Road.

3. The variance desired meets the intent of the Deerfield Township Zoning Resolution.

Second by Jim Rinehart

Roll Call: Jim Klatte – Yes, Greg Porta – Yes, Jim Rinehart – Yes.

The motion was approved.

CASE 2007-057 9737 Kings Auto Mall Road, Sign Variance to Section 22.10B, Borcherding

Staff Report Hayfaa Wadih explained the location of the Borcherding Buick. The subject property was zoned General Business. She explained that the applicant had certain signs which are required by GM and the proponent desires to put the Borcherding name there. They wanted to replace the word “Borcherding” on both sides with the word “Buick” and place “Borcherding” under the “Buick” on the fascia. The total sign face area would be increased from 249.3 square feet to 276.88 square feet. Jim Klatte asked the board if they had questions. Jim Klatte asked if there were ground mounted signs. Hayfaa Wadih showed him photos of existing signs. Jim. Klatte asked the proponent to come forward.

Proponent Kim Borcherding, 9737 Kings Auto Mall Rd., Cinti. 45249, and Jim Meyer, 8942 Glendale-Milford Rd., Loveland, 45140, were the representatives. Ms. Borcherding said that the domestic automobile business has been struggling in the US. The manufacturer requested that the dealer combine the Pontiac and Buick dealerships. Ms. Borcherding stated that they have been in this business for over 35 years and that the name Borcherding must now to be on the back side. Jim Meyer said the Buick part was separately built on the rear side of the building and now they need to combine the dealerships. Jim Klatte asked for board questions.

Board Discussion Greg Porta asked why they couldn’t stay with the signs they currently have. He said they are already at 166% of what they were allowed and now they wanted more. Ms. Borcherding said the challenge was with the angles of the building. She said they need Borcherding and car identities on the front of the building. Jim Meyer said GM had certain logos they must use. Greg Porta asked what was on the ground signs. Ms. Borcherding said those signs identify where the used cars were located. Jim Klatte closed this segment of the meeting. He asked staff about the large Borcherding sign in the back and if that was included in the total. Hayfaa Wadih said yes.

Greg Porta stated that they were already over what the code allowed at this point. Jim Klatte asked if there were directional arrows. Hayfaa Wadih said no. Jim Rinehart said this dealership was close to the back of the automall.

Jim Klatte asked if the letter sign could be decreased. Jim Meyer said they shouldn’t go less than 15 inches and it was 24 now. That would decrease the length also from 17.3 to 10.8. Greg Porta said he wanted their business to do well. He asked Jim Meyer if there was any other area which could be decreased. Mr. Meyer said no.

Jim Rinehart said he didn’t want to cause a hardship on the business which in turn should comply with the GM requirements. He said the hardship was not caused by Ms. Borcherding but by GM. Greg Porta said he understood the situation but they could make some signs smaller. Jim Rinehart said this was a common issue for the entire automall and it is, in part, due to the way the buildings are situated. He said maybe we should look at the entire mall.Dan Hendy said given the fact they had legal nonconforming signs, and the square footage was coming from the placement of the signs, maybe we should shrink them all down. Greg Porta confirmed that problems often occur with the grandfathered signs. There was more discussion on the “used” car sign and the way to decrease the sign face area.

Motion Motion by Jim Rinehart to approved the variance with the condition that the ‘USED” sign be reduced to 15 inches in height with a proportional decrease width.

Second by Jim Klatte

Roll Call: Greg Porta – Yes, Jim Rinehart – Yes, Jim Klatte – Yes.

The motion was approved.

Old Business Ace Hardware: Lois McKnight reported on the conditions approved for the Ace Hardware signage. The Board did not include a condition limiting the hours that the sign could be illuminated.

Kings Mall: Lois McKnight addressed the Board question about the use of vehicle with signs in the Kings Mall. She stated that the Code Enforcement Officer spoke with the business (es) regarding the prohibition of the use of vehicles with signs as signage along Fields Ertel Road. The situation will continue to be monitored.

Storage of recreational vehicles on Residential Property: Lois updated the Board that the Zoning Commission would be considering a potential text amendment at their meeting March 12 regarding the storage of recreational vehicles on residential property.

Adjourn Motion by Jim Rinehart to adjourn. Second by Greg Porta.

Roll Call James Rinehart-Yes, James Klatte-Yes, Greg Porta-Yes.

The motion was approved.

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James Klatte, Chairperson Date William Heckman, Secretary Date

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