DEERFIELD TOWNSHIP Meeting at 4900 Parkway Drive, #180

BOARD OF ZONING APPEALS

6:30 PM - APRIL 10th, 2008

MINUTES

CALL TO ORDER                      Mike Kean                                          

ROLL CALL 

PRESENT:        James Klatte, James Rinehart, Michael Kean, Brian Leary, Gregory Porta and Alternate William Lantry were present

ABSENT:          None

STAFF:             Lois McKnight, Hayfaa Wadih, Marilyn Arnold

MOTION           James Klatte moved, seconded by Gregory Porta, to approve the minutes of 03/13/08, as recommended.

                        The motion was approved on the following vote:  AYES:  James Klatte, James Rinehart, Michael Kean,

                        Brian Leary and Gregory Porta.  NOES:  None.  ABSTAIN: None.

Joe Walker, township attorney, administered the oath to those giving testimony,.

Case 2008-074                          Variance to approve the reduction of the front setback at 8014 River Vista Ct., Riverview of Landen Subdivision

Staff Report  Hayfaa Wadih described the request for approval of a front yard setback at 8014 River Vista Court in the Riverview of Landen Subdivision.  Ms. Wadih said the lot was an irregular, pie shaped lot on a cul-de-sac.  The back of the lot included a steep hill which made it impossible to locate a house on it without a variance.  The staff believed that due to the cul-de-sac this house would not be in a row by other homes so proposing a house at the 40 feet setback would hardly be noticeable.  She didn’t believe approval of this variance would compromise the intent of the Zoning Resolution.  She explained the Standards for Variance. 

Pursuant to Deerfield Township Zoning Resolution Section 6.06D:

The Board shall not grant a variance unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it, that support conclusions that:

1.       The variance required arises from special conditions of, or involving the property, which are unique, that is a situation which is not ordinarily found in the same zoning district and that the situation results from the enforcement  of this Resolution and not by an action or actions of the property owner, the applicant, or any other person or party who has had control of the property;

The subject property is an irregular shape on a cul-de-sac and a steep hill.   

2.       The strict application of the provisions of this Resolution from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application; 

Staff believes that applicant will not be able to use the lot efficiently if he is to abide with the code requirement.  

3.        The variance desired will not adversely affect the public health, safety and morals; and

It is the Staff beliefs that the location of the house on a cul-de-sac by its nature sort of stands alone building and not in row with other houses.  Therefore proposing a building line at a 40 feet setback would hardly be recognizable to even have any impacts on the residential area.

4.       The variance desired will not compromise the general spirit and intent of this Resolution.

The desired variances will meet the spirit and intent of DTZR which duty is to avoid adverse land use and mitigate any negative impact on the surrounding.  The land use is as zoned for a single family house. 

Ms. Wadih asked for questions from the board.  Greg Porta asked how old the subdivision was and if it was reviewed under her tenure.  She said she didn’t review this subdivision under her tenure.  She explained that the lot they are discussing was Lot 8.

Proponent  John Ballantyne, 7936 Southern Pines Drive, Maineville, 45039, said they had a client who was interested in this lot and said the steep slope created a cost issue.  Jim Klatte asked him where the driveway was located.  Mr. Ballantyne said there was no driveway location planned yet.  Brian Leary asked him if some of the other lots (10, 11, 12) would have the same problem.  Mr. Ballantyne said yes.  Mike Kean asked him how deep the lot was in relationship to the fence shown.  He said it was 150 + feet deep and went past the trees.  Brian Leary asked who developed this.  Leland Group purchased this from Shonave Homes.  Hilldebrand was the original developer who did the lots.  When Leland Group took this over, the lots were already divided up.  Mr. Ballantyne said this was a very difficult site.  Greg Porta asked if the house was custom.  Mr. Ballantyne said it was.  Greg Porta was concerned about the large size of the house.  He said a smaller house would work on the site.  Mr. Ballantyne said due to the slope, the foundation of the house would be very expensive.  Greg Porta asked him if he considered changing the zoning to a PUD.  Greg Porta said there would be issues with several other lots and a PUD, possibly allowing a different setback would work.  Mr. Ballantyne said he hadn’t thought about that.  In the development they had 3 houses built and 3 other lots sold so far.  

Lois McKnight said she didn’t think it was too late to have zoning changed.  Jim Rinehart asked about the advantages of changing to a PUD.  Greg Porta said they wouldn’t have to keep coming back to the board for variances if there was a PUD.  Lois McKnight said in the PUD process, it would take a longer time to get it set up, but it would be a one time thing.  Mike Kean said we are looking at this house tonight.  Joe Walker asked if the trees would remain and if that was a concern of the board.  Mr. Ballantyne said the land behind the trees was owned by the Arch Diocese.  Mike Kean said they should consider the zoning for the future but this case tonight is for this one lot.  Jim Rinehart said we could table this case until he goes through the PUD process.  Joe Walker said this board should consider this case tonight.  Jim Klatte said he has a deposit for this lot ,

There were no concerned citizens so Mike Kean closed this portion of the meeting.  The board reviewed the Standards for Variance. 

Discussion  Mike Kean said this was brought on by adding a retention pond.  The lot was an irregular shape.  Brian Leary said they try to maximize the profitability of the land and now they ask for an exception.  Greg Porta said he had issue when the comment in the applicant’s application said they may not be able to build.  He said his point about the PUD was that the applicant bought this knowing that later on there would be problems.  He said he was concerned this board would be setting a bad precedent.  Mr. Porta said there would be 4 lots, maybe 5 lots which will need a variance and will we be willing to hand out a variance every time.  Jim Rinehart said if we tabled this the applicant could have time to find other options.  Greg Porta said he has earnest money and he is ready to build.  Mike Kean said if it were tabled it could cause a hardship.  Joe Walker said he didn’t see any benefit to table the case.  Jim Klatte said this lot is unique.  Brian Leary said there is the same issue on many of these lots.  Brian Leary said if we grant one, will we have to approve every case there?  Joe Walker said each lot should be looked at individually which is difficult to do.  Joe said it may be easier for the applicant to look at a PUD.  Lois McKnight said the PUD is a 3 step process.  First he must go to Warren County Regional Planning which would be 120 days, and the next 2 stages would be 90 days.  Brian Leary asked could we approve this and suggest that he seek a PUD. 

John Ballantyne, 7936 Southern Pines Drive, Maineville, 45039, said sales are slow and he wasn’t sure what seeking a PUD would entail.  He said he didn’t know if he should seek that or not.  Greg Porta said you have a house which is ready to build but this doesn’t mean that every time you come here a variance would be granted.  Greg Porta asked him if Hildebrand replatted.  Mr. Ballantyne said Hildebrand had 17 lots but now there are 16.  Jim Klatte asked him how long he has had this development.  He said they have had the development for 2 ½ years.  Greg Porta said so you increased the lots by 7 feet from 80 to 87 feet.  Mike Kean said this is a hardship on the owner.  Greg Porta said this one lot would not compromise the intent of the Zoning Resolution.

MOTION  Brian Leary moved, seconded by James Klatte, to approve Case 2008-074, citing the Standards for Variance guidelines, as recommended.

The motion was approved on the following vote:  AYES:  James Klatte, James Rinehart, Michael Kean, Brian Leary and Gregory Porta.  NOES:  None.  ABSTAIN: None.

Old Business  Hayfaa Wadih said that Brian Leary asked her to check on a location across the street from Meijer.  She said the staff is working on that.

New Business  Mike Kean asked how far do we want to go in suggesting the applicant go for a rezoning to a PUD.  Greg Porta said this board needs to make it clear to applicants that they can’t assume that this setback variance

would automatically be approved.  Lois said the staff did struggle with this thinking that we may have to deal with this 5 or 6 times.  The subdivision was approved previous to our tenure.  Lois said the township has a responsibility when we review subdivision plats.  Joe Walker said the applicant should understand since this was discussion so he knows there are other options besides coming in 4 or 5 more times for variances.

MOTION James Klatte moved, seconded by Gregory Porta, to adjourn, as recommended.

The motion was approved on the following vote:  AYES:  James Klatte, James Reinhart, Michael Kean, Brian Leary and Gregory Porta.  NOES:  None.  ABSTAIN: None.

_________________________________________________                      ______________________________________

Mike Kean, Chairman                                                  Date                    James Rinehart, Secretary                        Date