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DEERFIELD TOWNSHIP
BOARD OF ZONING APPEALS
6:30 PM - OCTOBER
9th, 2008
MINUTES
CALL TO ORDER Mike Kean
ROLL CALL
PRESENT:
James Klatte, Michael Kean, William Lantry, Brian
Leary & Gregory Porta.
ABSENT:
James Rinehart.
STAFF:
Lois McKnight, Hayfaa Wadih, & Marilyn Arnold
Also present was township
legal counsel, Joseph Walker.
Minutes
Greg Porta moved, seconded by William Lantry, to
approve the minutes of 09/11/08, as recommended.
The motion was approved on
the following vote: AYES: James Klatte, Michael Kean,
William
Lantry, Brian Leary & Gregory
Porta. NOES: None. ABSENT: James Rinehart.
ABSTAIN: None.
Joe Walker, township attorney, administered the oath
to those giving testimony.
Case #2008-334 Application
for a Variance to Sections 22.10.B.1.a.i & ii and 22.10.B.1.b. of
the
Deerfield Township Zoning Resolution regarding
signage for Porsche of Kings Automall
Staff Report
Hayfaa Wadih gave details about the remodeling of the building.
Smart Car is on the east wing of the building and Porsche is on the
west wing of the building. Applicant is requesting to allow the
placement of two wall signs and one ground mounted sign. Applicant
is justifying the additional signage because the two tenants occupy
the building and each tenant needs his own identity. There are
currently two (2) wall signs for Smart Car and one (1) ground
mounted sign of 35 square feet.
The building frontage is 85 feet. Staff was provided
specific findings of fact for evidence showing the four criteria of
Standards for Variance.
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 building that is located on 9847 Kings Auto
Mall Drive will accommodate two businesses Porsche and Smart Car.
Smart car has already their signs up on the property and Porsche
would like to do the same. The Zoning Resolution requires one sign
on the building. The unique situation we are presented with is that
two dealerships are occupying one building.
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;
Due to the strict rules of the Township Zoning
Resolution we are unable to install the second sign as shown in the
application with the current zoning code.
3.
The variance
desired will not adversely affect the public health, safety and
morals; and
The variance being requested is not out of the
ordinary and does not affect public health safety and morals.
4.
The variance
desired will not compromise the general spirit and intent of this
Resolution.
The variance being requested will not compromise
the general spirit and intent of this resolution. As seen in the
photos provided other dealerships have been granted or have multiple
signs on a single building in the Kings Auto Mall.
Brian Leary
asked Ms. Wadih about the sign request for Smart Car. She said the
permits were handled the regular way. Since they were the only
tenant in the building at the time, the proposed sign at the time
were in compliance with Deerfield Township Zoning Resolution (DTZR).
The dealership had previously three (3) signs. She pointed out the
entrances for both businesses. The board had no other questions for
her.
Proponent Michael Reddell, PDT Design, 10101
Alliance Road, Blue Ash, OH 45242,
said he appreciated this board hearing this case. He said that
Porsche and Smart Car have separate business licenses and separate
entrances for the building. He had some photos for the board to
view. Jim Klatte asked him if he was the sign designer. He said
no. Greg Porta said this case is just for Porsche, not Smart Car.
Brian Leary asked him if he was the architect of record for the
whole building and he said yes he was. Brian Leary asked him if he
knew there may be a problem with the sign allowances when he was
working for smart car. Mr. Reddell said no. Mr. Reddell said Smart
Car doesn’t use much of the building. Jim Klatte said Smart Car
was in compliance with their signs. Jim Klatte asked him how high
is the sign? They said 14 + feet high and it would be located 15
feet from the Right of way. Jim Klatte asked if they share any part
of the building. Mr. Reddell said no, that they are separate.
Dick Semple, Tri-State Sign, 9077 Seten Place,
Hamilton, OH
said the Jeep Dodge Dealership had new signs put in last year. He
said there is a trend for merges in the auto business. Many
dealerships are merging and consolidating. There were no questions
from the board so Mr. Kean closed the public portion and asked for
board discussion.
Jim Klatte said two ground mounted signs are there
but if the height was lower, he could approve it. He said he can
see the hardship. Greg Porta said will people know which dealership
they are driving into when they go there. Bill Lantry said they
have made every attempt to be separate. Mike Kean said it stands
out to him that these two brands have no connection or
relationship. Brian Leary asked Michael Reddell if there was a plan
for an alternate, lower sign and could they relocate it?
Michael
Reddell, PDT Design, 10101 Alliance Road, Blue Ash, OH 45242,
said they do have a lower alternate sign but relocating it
would be a problem because of underground utility locations.
The Board
debates how to proceed with a motion. Joe Walker said that he
believed this board has adequately discussed this case and the four
(4) findings of fact. Any motion to be made would be based on that
discussion.
MOTION
Motion Gregory Porta moved, seconded by William
Lantry, to approve Case 2008-334, to allow for the
wall sign as requested and to allow for the ground mounted sign,
adhering to the code with a maximum of seven (7) feet in height.
The motion was approved on
the following vote: AYES: James Klatte, Michael Kean,
William Lantry,
Brian Leary & Gregory Porta.
NOES: None. ABSENT: James Rinehart. ABSTAIN:
None.
Brian Leary expressed concerns about people abusing
the process of variance as he felt like they were “backed into a
corner” with this case. Hayfaa Wadih explained that the dealership
used to have three (3) signs that he took down not being aware he
would loose the non-conforming status to replace them. Mr. Leary
was concerned that this will continue to happen.
Hayfaa Wadih said at this point no applications have
been submitted in order to have a meeting next month but the
deadline is in two days.
Adjourn
James Klatte moved, seconded by Gregory
Porta, to adjourn the meeting, as recommended.
The motion was approved on
the following vote: AYES: James Klatte, Michael Kean,
William Lantry,
Brian Leary & Gregory Porta.
NOES: None. ABSENT: James Rinehart. ABSTAIN:
None.
____________________________________________
____________________________________
Mike Kean, Chairman
Date James Rinehart,
Secretary Date
G K BZA10_09_08.age
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