DEERFIELD TOWNSHIP                                                                                                                  Meeting at 4900 Parkway Drive, #180

BOARD OF ZONING APPEALS

6:30 PM –FEBRUARY 14th, 2008 

MIINUTES        

PRESENT:        James Klatte, James Reinhart, Michael Kean, Gregory Porta.

ABSENT:          Brian Leary.

STAFF:             Lois McKnight, Hayfaa Wadih, Marilyn Arnold

Mr. Klatte proposed postponing the election of the Board Chair and Vice Chair since some of the members were absent.  The election shall take place at the next meeting.

Motion             Greg Porta moved, 2^nd by Mike Kean to approve the minutes of 12/13/07 as written.  The motion was approved as follows:

                        AYES:               Jim Rinehart, Mike Kean, Greg Porta

                        NOES:              None

                        ABSTAIN:         James Klatte

Motion             Greg Porta moved,  2^nd by James Klatte to approve the minutes of 01/10/08 as written.  The vote was approved as follows:

                        AYES:               James Klatte, Jim Rinehart, Greg Porta

                        NOES:              None

                        ABSTAIN:         Mike Kean, James Rinehart

Mr. Klatte said since the whole board was not there they should delay the election of officers for this year.

Motion             Mike Kean moved, 2^nd by Greg Porta to delay the election of officers for 2008 until the next regularly scheduled BZA meeting. The vote as follows:  

                        AYES:               James Klatte, Michael Kean, James Reinhart, and Gregory Porta. 

                        NOES:              None. 

                        ABSTAIN:         None.

Mr. Klatte wanted to have Scott Phillips administer the oath to those giving testimony but Mr. Phillips said he would prefer to do the oath previous to each case as presented.  Mr. Klatte stated that due to possible litigation regarding one of the cases this night the board needed to go into Executive Session.

Motion             Gregory Porta moved, 2nd by Michael Kean, to go into Executive Session as advised by Mr. Phillips.  The motion was approved on the following vote: 

                        AYES:               James Klatte, James Reinhart, Michael Kean and Gregory Porta. 

                        NOES:             None. 

                        ABSTAIN:         None

Motion             Gregory Porta moved, 2nd by James Reinhart, to go back into regular session from Executive Session.  The motion was approved on the following vote: 

                        AYES:               James Klatte, James Reinhart, Michael Kean and Gregory Porta. 

                        NOES:              None. 

                        ABSTAIN:         None.

Scott Phillips, township attorney, administered the oath to those giving testimony.

Case 2007-572  Requesting a variance to Section 6.05 requesting approval to build a religious place of

                        worship @ 8801 Columbia Road owned by Konstantin Misyukovets.

Staff Report  Hayfaa Wadih explained that the subject 1.615 acre, 700 feet  by 100 feet property, was zoned Residential Single Family.  The proposed church structure was brick, 130 feet by 50 feet, with a basement.  Front setback was 300 feet, back setback was 200 feet, and side setback was 25 feet from the property line.  The entrance was a 26.25 driveway from Columbia Road.  They proposed 50 parking spaces, 9 by 19 feet.  There were 4 handicapped spaces.  Ms. Wadih gave examples of other churches along Columbia Road, which were allowed as conditionally permitted uses.  The applicant was before this board previously with a plan for a larger (14,000 square feet), higher building.  The applicant was encouraged by this board to make changes and come back. 

Hayfaa Wadih said traffic and storm water management were major issues in the area.  After consulting with the Warren County Engineer’s Office, Staff said no traffic impact study was needed because of the hours the church would be open.  The property development regarding storm water management suggested that proponent comply with Warren County Soil & Water Conservation District.  If the case would be approved, the church shall be subject to a Site Plan Review by the Deerfield Township Zoning Commission, making sure there were adequate parking spaces, outdoor lighting, landscaping, and storm water management in order to avoid any negative impact on the surrounding residential community.  There were 7 standards for Conditional Use from the staff as follows:

1.        The proposed Conditional Use will comply with all applicable regulations of this Resolution, including lot size requirements, development standards and use limitations.

2.        Adequate utility, drainage and other such necessary facilities have been or will be provided.

3.        Adequate access roads or entrance and exit drives will be provided and will be so designed as to prevent traffic hazards and to minimize traffic conflicts and congestion to public street and alleys.

4.        All necessary permits, and licenses for the use and operations of the Conditional Use have been obtained, or evidence has been submitted that such permits and licenses are obtainable for the proposed Conditional Use on the subject property.

5.        The location and size of the Conditional Use, the nature and intensity of the operation involved or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.

6.        The location, nature, and height of the building, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not unreasonably hinder or discourage the appropriate development, use and enjoyment of adjacent land, buildings and structures.

7.        Evidence that he Conditional Use desired will not adversely affect the public health, safety and morals.

Jim Klatte asked if the 9 by 19 feet parking stall shown on the plan was in compliance.  Ms. Wadih said that was not in compliance but that would be reviewed by the Zoning Commission.  Jim Klatte asked if there was access for a fire truck around the building.  She said Captain Wehmeyer reviewed the plan and stated that there was space to go around the building.  Mr. Klatte asked for the proponent to come forward.

Proponent       Sean Sutter, Attorney , Keating, Muething, & Klekamp, 1 East 4^th Street, Cinti., OH 45202, said he was representing Konstantin Misyukovets and his congregation, the Russian Church.  He said they have lowered the roof line in keeping with the residential look.  He said this was a good transitional use.  It was one story and lower in height than many of the houses surrounding it.  They have added a buffer area with trees.  He said there were 7000-8000 Russian people in the greater Cincinnati area.  He said on the property, the old trees would not be touched and they plan to add more.  Mr. Sutter distributed some photos showing the view from the subject property of the two story houses and the debris dumped on the subject property.  He said this property met all of the zoning conditions.  Jim Klatte asked if there were any questions from the board.  Greg Porta asked about a photo and where the photo was taken from.  Konstantin Misyukovets Pastor, 1047 Shore Club Drive, explained that they took the picture from the corner of the subject property.  Jim Rinehart asked about the lighting in the parking lot on the plan.  Konstantin Misyukovets Pastor, 1047 Shore Club Drive, said they would have a lighting plan when they come before the Zoning Commission for Site Plan Review.

Concerned Citizens      Len Eldridge, 8821 Columbia Road, explained the size of the other church buildings on Columbia Road and stated that they were built on larger lots.  He said this proposed building would not fit with the neighborhood.  He said he would have to look at their lights 24 – 7. 

Christina Schriever, 8850 Pollard Place, was concerned about losing the park like setting of her back yard and she didn’t like the idea of losing the privacy there.  She didn’t want to look at the church building.

Bryan Edens, 8827 Lea Place, said his property abutted 168 feet on the subject lot.  He had concerns about the size of the building, the storm water run-off, and didn’t like the possible idea of juveniles cutting through his neighborhood.  He didn’t believe this proposal met the standards for a variance as described in the Deerfield Township Zoning Resolution.

Joseph Bialk, 8823 Lea Place, said his back yard touched the subject property.  There was a storm water problem in his driveway and back yard.  He didn’t want that to get worse.  He was concerned the planned parking at the church would bring carbon monoxide into his yard.  He was concerned about traffic volume.

Erica Williams, 8824 Lea Place, said her back yard backs up to the church parking lot.  She was concerned about the number of parking spaces.  She was concerned whether the DTFR would be able to get emergency vehicles in there when it would be needed.  She said she didn’t believe there would be enough space along the side for this setback and also a buffer of trees.  She said safety was very important to her.  She was concerned about foot and bike traffic and that people may cut through her yard.

Frank Kraller, 8835 Columbia Road, owner of Underwater World, was concerned about storm water management.  He said all the way around this lot, water would build up.  He said he would appreciate them not taking a photo of his property.  He said his building was built with recommendations from the county and Deerfield Township Zoning and he said he has a severe storm water problem.

Board Discussion Jim Klatte closed the public portion and asked for board discussion.  Jim Rinehart said storm water was a valid concern.  He said the water needed to be retained.  Greg Porta said the side of the building was not an issue for him.  They did change it and came back with a smaller building.  They have met all of the requirements and would deal with other issues at the Zoning Commission if this board approved this case.  Jim Klatte said he was satisfied that staff would be working with them on parking requirements.  Jim Rinehart said these concerns from residents come up at every meeting.  He said that he thought they met all of the requirements.

Motion             Gregory Porta moved, 2^nd by Michael Kean, to approve Case 2007-572 approving Conditional Use as a site for a church and allowing it to go forward to be reviewed by the Zoning Commission. He stated that it meets the spirit and intent of the conditionally permitted uses standards.

                        The motion was approved on the following vote: 

                        AYES:               James Klatte, James Reinhart, Gregory Porta, and Michael Kean. 

                        NOES:              None. 

                        ABSTAIN:         None.

Scott Phillips, township attorney, administered the oath to those giving testimony.

Case #2008-017                        Requesting a variance to side yard setback, Landen Office Park

Staff Report  Hayfaa Wadih explained the location of subject property,  She explained their plan to build 4 office buildings which would be 9,000 square feet each.  The request from the applicant was for the board to allow a less than 20 feet side buffer along Buildings 3 and 4.  Greg Porta asked Hayfaa about the north building which had a 16.8 feet setback and due to the curve that setback would be closer than the 16.8 feet.  There was some discussion.  Lois McKnight asked the board to first see what the applicant had to say about that.

Proponent  Rick Seaver, Kiesland Architects, 11651 Lebanon Road, Cinti., 45241, said the closest point is 16 feet.  There was more discussion.  Mr. Seaver asked if they need an exact distance.  Mr. Porta said yes.  Mr. Seaver said they could scale off the drawings and make it 15 feet.  Scott Phillips asked him if he wanted to come back or set a specific measurement. 

Concerned Citizens  Rudy Nobis, Pastor of King of Kings Lutheran Church, 1632 Socialville-Fosters Road, asked if  they could have a copy of the plans.  He was told yes he could.

Discussion The board talked about the two buildings, #3 and #4.  Lois said we should say the measurement is “not less than.”  Greg Porta suggested they submit plans to the township when the foundation was finished.

Motion             James Klatte moved, 2nd by James Reinhart, to approve the variance in Case 2008-017 with the following conditions:       

1)       Setback on Building #3 shall be no less than 16 feet.

2)       Setback on Building #4 shall be no less than 9.27 feet.

3)       That they submit an “as built” survey to the DT Zoning Department at the time of completion of the foundation.

                        The motion was approved on the following vote: 

                        AYES:  James Klatte, James Reinhart, Michael Kean and Gregory Porta.

                        NOES:              None.                ABSTAIN:         None.

Scott Phillips administered the oath to those giving testimony by township attorney,

Case #2008-015                        Requesting a parking space variance @ 4794 Fields-Ertel Rd, Kings Automall

Staff Report  Hayfaa Wadih described the shopping center and gave the history of development at the center.  The applicant previously requested approval for Fresh Market.  The Fresh Market project was approved but did not proceed.  After that the applicant asked for approval for hh Gregg which was a much larger building.  Since the building was larger, the need for more parking spaces increased.  In order to achieve the number of spaces required, the applicant proposed smaller parking spaces, 9 x 18 feet instead of the required 10 x 18 feet size.  That was the reason for this case.  Mr. Klatte asked for the proponent to come forward.

Proponent  Greg Malone, Casto, 8280 Montgomery Road, Cinti., displayed a drawing of the shopping center.  He said the Deerfield Township Zoning Commission and Deerfield Township Trustees have approved several thousand 9 x 18 feet parking spaces in the Township.  He pointed out an area along Fields-Ertel Road which Mr. Malone said the township zoning, a few years ago, asked for a buffer area.  He said if they would be allowed the smaller parking spaces, they would be able to have room for a green space buffer area along Fields-Ertel Road.  Mr. Malone said the buffer area does not exist now.  Greg Porta said the Fields-Ertel Road buffer area may be a requirement after the Moratorium because improvements along the Fields-Ertel corridor is something they may include.  He said he didn’t see any hardship there because they could get the parking spaces that were required.  Mike Kean asked if you use the same amount of space, how many 10 x 18 spaces would fit in there. 

Mr. Malone said he couldn’t answer that.  He said there is 55,000 square feet of space on the site.  He said without an anchor the small tenant retail doesn’t get enough visitors.  Since Kroger left, there was no major tenant to draw people to the center.  Toyota is in the old Kroger location and they don’t bring in the needed visitors.  

Discussion  Jim Rinehart said they talked about this before.  The board talked about if the variance would be approved, would that have an affect on the Moratorium.  Scott Phillips said it is not really clear what would happen.  Mr. Phillips said in fairness to the applicant, this board should act on this and not be concerned about the Moratorium.  Greg Porta said he believed that it would be good if hh Gregg could move there.  They don’t use the parking spaces they have now at their current location.  Jim Rinehart said he agreed that it would be good to have hh Gregg in that location. 

Bob Garlock, Bayer Becker Engineers, Tylersville Road, Mason, said Deerfield Township code was adopted from the Warren County code for parking spaces.  Cars are not as large now as they were when the code was adopted.  In Clermont County they changed their code to allow smaller parking spaces for smaller cars.  Mr. Garlock said a 10 feet wide space was not needed as currently seen in the Deerfield Towne Center.

Greg Malone, Casto, 8280 Montgomery Road, Cinti., said in the event this board would offer an alternative so they could make a decision and move forward.  He said they were in a hardship for this year and the longer it goes, the more difficult and challenging it becomes.  Mike Kean said he would like to look at some statistics and some type of evidence that these smaller size spaces were more widely used.  Jim Rinehart said he would like to see that also, but this board must adhere to the code as it stands today.  Scott Phillips said Mr. Malone needed to come up with a plan which would meet the current code requirements.

Motion             Michael Kean moved, 2nd by Gregory Porta, to deny the variance requested in Case 2008-015.

                        The motion to deny was approved on the following vote: 

                        AYES:               Michael Kean , James Klatte, James Reinhart, and Gregory Porta. 

                        NOES:              None. 

                        ABSTAIN:         None.

Scott Phillips administered the oath to those giving testimony by township attorney,

Case 2008-016                          Variance & Conditional Use for Addition @ 5620 Columbia Rd., Kings Local

                                                School

Staff Report Hayfaa Wadih explained the proposal for an addition at the high school and junior high school.  Ms. Wadih explained the additions as follows:

The High School:

1.        10,024 square feet new entry / office, dining addition;

2.        3,028 square feet new kitchen / serving area

3.        4,128 square feet storage / scene shop / district storage

4.        22,808 square feet new two story classroom

5.        Interior remodeling and alterations

The Junior High School:

1.        4,032 new entry/office

2.        New band area with no dimension

3.        Interior remodeling and alterations

Improvements to the site:

1.        New separate bus drop-off drive and parent drop-off drive west of the Junior High School

2.        Alterations and repair of existing parking areas on the campus

3.        Improvement to site storm water management system including two new detention basins

4.        Improvements to site lighting on campus

5.        Expanded student parking at the northeast end of the campus.

She explained the two access entries, parking spaces, buffer yard mounding along Columbia Road, a sidewalk, and storm water management including two retention ponds.  The two entries instead of the original four included a new circulation plan which was an improvement.  They plan to replace and update light poles. The lighting plan was an improvement but staff suggested the poles not to exceed 24 feet in height from the grade level and the light fixtures shall be down directional with no lens protruding below the housing.  Illumination level shall not exceed 0.2 foot candles along the site boundaries.

Applicant is also requesting a variance to the front yard setback from 50 feet to 42 feet.

Proponent  Brad Adams, Voorhis Slone Welsh Crossland Architects, 184 Reading Road, Mason, said the parking spaces on their plan were 9 x 20 not 10 x 18.  Mr. Adams explained the traffic flow of the parking lot and their plan for improvements to that.  Scott Phillips asked him if he would reconfigure his parking spaces, to 10 x 18, would he loose parking spaces.  He said they probably would.  Mr. Adams said they are showing 24 feet wide drive aisles.  He said they haven’t looked at that.  The existing spaces on the site now are all 9 x 20.  He said the school was very aware of storm water issues over the hill and in his professional opinion; they were going over and beyond their requirements to take care of that.  He explained the direction of the storm water flow.  Mr. Klatte asked for any public who wanted to speak.  There were none.  Mr. Klatte asked for board discussion.

Discussion  Greg Porta talked about the non-compliant parking spaces which were 9 x 20.  Lois McKnight said based on the addition they were required to add parking spaces.  If the addition was more than 50% of the old section they must add spaces which were in compliance with the code.  Lois McKnight said they could look at the 24 feet wide drive aisles, and they could figure out how the 10 x 18 spaces would change their plan.  Lois said they must be in compliance or we can’t approve their plan.

Motion Michael Kean moved, 2nd by James Klatte, to approve the modification to the conditionally permitted use and the setback variance from Columbia Road in Case 2008-016 including the storm water issue and the lighting issue.  The Board believed that the request met the spirit and intent of the  Standards for Conditional Use as set by our Zoning Code.  This motion was approved on the following vote:

                        AYES:               James Klatte, James Rinehart, Mike Kean, Greg Porta

                        NOES:              None.

                        ABSTAIN:         None.

Old Business  Jim Rinehart asked about the Liberty Bible case.  Hayfaa Wadih said they didn’t get their application submitted in time for this meeting.  Lois McKnight said they informed the client that these changes to the front of the house being used for the preschool, would need to be reviewed by this board.

Lois McKnight reminded the board of the annual employee and volunteer banquet being held, Thursday, February 28^th, at 6:00 at the Marriott.

Adjourn

Motion             Michael Kean moved, 2^nd by Greg Porta to adjourn the meeting.

                         The motion was approved on the following vote:

                        The motion was approved on the following vote: 

                        AYES:               James Klatte, James Reinhart, Michael Kean and Gregory Porta. 

                        NOES:              None.

                        ABSTAIN:         None.

___________________________________________________                   _______________________________

James Klatte, President                                                    Date               Marilyn Arnold, Secretary            Date

                                                                                                                                                            BZA02_14_08.MIN