WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES

January 29, 2007

The Washington Township Board of Zoning Appeals met in regular session on January 29, 2007 in the Meeting Room of Washington Township Government Center. Members of the Board present were: Mrs. Mulligan, Mr. Ciambrone and Mrs. Fischer. Mr. Khouri and Mr. Horine were excused.

Call to order at 7:00 p.m.

Mr. Ciambrone explained the hearing format and voting procedure.

The Oath was administered by Mr. Ciambrone.

MOTION – Mrs. Fischer moved the minutes of December 11, 2006 be approved as submitted.

Motion seconded by Mrs. Mulligan.

VOTE - Mrs. Mulligan, yes; Mr. Ciambrone, yes; Mrs. Fischer, yes.

Case A-1484 – John R. Erbaugh, 5613 Durwood Street

Request is for a variance to decrease the side yard set back from the required fifteen feet (15’) to five feet (5’) to allow for an accessory structure, located in a Single Family Residential (R-4) zoning district.

Jack Kuntz , Zoning Inspector, presented the case.

Applicant represented by John Erbaugh, property owner, 5613 Durwood Street. Mr. Erbaugh addressed the Board with reasons for the requested variance. The neighbor located to the north of his property communicated to him that he does not object with the request. Mr. Erbaugh noted that the building materials used will match the existing house.

Mrs. Fischer – Asked if the purpose of the structure will be for personal use as a hobby shop?

Mr. Erbaugh – Yes. There will be no outside sales conducted.

Mr. Ciambrone – Asked to see the property lines on the site photo.

Mr. Ciambrone – Questioned if there was enough room behind the house for placement of the structure?

Mr. Erbaugh – Indicated on the site plan the problems he felt existed.

Mr. Ciambrone – Could the structure be placed towards the rear corner of the property?

Mr. Erbaugh – Yes.

Mrs. Mulligan – Asked the applicant what type of hobbies he planned to use the structure for.

Mr. Erbaugh – Woodworking and the lawn mower.

Mrs. Mulligan – Is an 8’ x 7’ door necessary for that?

Mr. Erbaugh – No.

Public hearing closed.

Citizens voicing concerns, question and comments included: None.

Board remarks, concerns, and questions included:

There was discussion amongst the board members.

The Board questioned Mr. Kuntz about the condition and the set back requirements for the property.

Hearing closed.

Motion – Mrs. Fischer moved in Case A-1484 to approved applicant’s request for a variance to decrease the side yard set back from the required fifteen feet (15’) to five feet (5’) to allow for an accessory structure, located in a Single Family Residential (R-4) zoning district, subject to: 1) the existing shed must be removed; 2) new structure to be relocated 12’ to the west of where it is shown on the submitted site plan; 3) new structure can be used only for applicant’s hobby and garden tools; and 4) the building materials being used must be those as submitted in application and testimony.

Motion seconded by Mrs. Mulligan.

VOTE - Mrs. Mulligan, yes; Mr. Ciambrone, yes; Mrs. Fischer, yes.

Case A-1484 approved with modifications.

Case A-1485 – Caribou Coffee, 5847 Far Hills Avenue

Request is for a variance in the required conditions of a Business (B-2) zoning district to allow for a menu board to be placed in the required front yard set back.

Jack Kuntz , Zoning Inspector, presented the case.

Applicant represented by Michael Zwiefel, 3900 Lakebreeze Avenue, Minneapolis, Minnesota. Mr. Zwiefel addressed the Board and discussed the project. He discussed stacking issues with coffee establishments compared to other fast food restaurants. Mr. Zwiefel also pointed out they have no other free-standing sign on the property.

Mrs. Mulligan – Asked if all Caribou Coffee stores are situated like this?

Mr. Zwiefel – Indicated that this site wouldn’t allow for an alternative because of the parking needs to the south. Most of their restaurants are like this.

Mr. Ciambrone – Asked the applicant if they had any prior knowledge of the regulations.

Mr. Zwiefel – No.

Mrs. Mulligan – How long does one order take?

Mr. Zwiefel – On average, an order takes three (3) minutes for mixed drinks.

Mr. Ciambrone – Felt it doesn’t take much time from where the sign is to where the pick-up window is located.

Mr. Zwiefel – Indicated they would be surprised how much time it takes.

Mr. Ciambrone – If the requested is denied, would there still be a drive-thru?

Mr. Zwiefel – No.

Mr. Ciambrone – What percentage of your business is done at the drive-thru?

Mr. Zwiefel – Approximately 20%.

Mr. Ciambrone – Are there any locations without a drive-thru?

Mr. Zwiefel – Only in downtown central business districts, airports.

Mrs. Mulligan – How many cars will be behind the sign?

Mr. Zwiefel – Three to four cars, including one at the sign.

Mrs. Mulligan – Is there another location to put the sign?

Mr. Zwiefel – No.

Mrs. Mulligan – Is there only one window?

Mr. Zwiefel – Yes.

Mr. Zwiefel – Indicated the setback from the curb is 53’.

Mr. Ciambrone – How does that affect the sign?

Tom Smith, 5150 Country Place – Mr. Smith is the owner of Buckeye Square. He addressed the Board with a layout of Far Hills Avenue and the right-of-way.

Mr. Zwiefel, Mr. Smith and the board members discussed the hardship of the right-of-way being bigger in this area.

Mrs. Fischer – Brought up the apprehension of setting a precedent.

Mr. Ciambrone – Asked the applicant if the establishment could open without a drive-thru?

Mr. Zwiefel – No.

Mr. Ciambrone – Asked if applicant were denied the request, would they walk away?

Mr. Zwiefel – Yes. If aesthetics is the problem, they are willing to landscape. Mr. Zwiefel indicated he was perplexed by the code.

Mr. Ciambrone – Indicated he was perplexed that applicant did not know about regulations for menu boards. Felt applicant is attempting to hold the Board hostage.

Mr. Zwiefel – Stated they are willing to move it closer than it would be 30’ from right of way, 63’ or 60’ from the street. He indicated that one more car could be stacked along with tall shrubs along the north property line.

Mr. Ciambrone – Stated that trees are not the issue.

Donald Kiley, 1204 E. Dorothy Lane – Designed the entire center. He feels they have done much to improve the appearance of the center. Mr. Kiley brought up the easement that runs through the property.

Mrs. Fischer – Appreciates all the issues, but is sorry the applicant did not do his homework.

Mr. Ciambrone – Asked if the applicant wants to move forward?

Mr. Smith – Feels there is a hardship.

Mr. Ciambrone – Again asked if the applicant wants to continue.

Mr. Smith – Yes. Mr. Smith appealed to the Board again. He gave the Board the property’s past history and the satisfaction the township has had with their product.

Citizens voicing concerns, question and comments included: None.

Public hearing closed.

Board remarks, concerns, and questions included: None.

Hearing closed.

Motion – Mr. Ciambrone moved in Case A-1485 to approve applicant’s request for a variance in the required conditions of a Business (B-2) zoning district to allow for a menu board to be placed in the required front yard set back, subject to: 1) the menu board be moved 10’ west along the drive-thru aisle so that the new setback from the public right-of-way is 30’ instead of the requested 20’. Mr. Ciambrone stated this approval is not to set a precedent for future cases. Mr. Ciambrone felt the applicant has a hardship with the easement that runs through the property which limits where they can locate the building, the size of the public right-of-way which seems to expand directly in front of the property location as well as the actual direction of the street in front of the property location. Mr. Ciambrone also indicated to the applicant the Board felt very strongly the applicant should have done their homework prior to building the store and the process they undertook was totally unacceptable and the Board did not appreciate the method in which the application came to be. However, the Board understands the value of new businesses.

Motion seconded by Mrs. Mulligan.

VOTE - Mrs. Mulligan, yes; Mr. Ciambrone, yes; Mrs. Fischer, yes.

Case A-1485 approved with modification.

Case A-1486 – Walt Hibner, Oberer Thompson, Divided Ridge, Ltd. ( Washington Trace), Sheehan Road

Request is for a conditional use approval to permit a daycare center in a Planned Development Residential (PD-R) zoning district.

Jack Kuntz, Zoning Inspector, presented the case.

Applicant represented by Greg Smith of Oberer Thompson, 2800 E. River Road.

Mr. Ciambrone – Stated that he has a conflict of interest in this case and excused himself from hearing the case. Mr. Ciambrone’s law firm represents Oberer Thompson. Also, Mr. Ciambrone indicated his children attended a daycare center which is owned by the same owner of the proposed daycare in this case.

Mrs. Mulligan – Indicated that Mr. Wibner, applicant, had purchased property of which she was involved in the sale; however, Mrs. Mulligan felt she was able to make an impartial decision in the case.

Mr. Kuntz – Since the case was introduced and presented by staff and there are only two board members present, Mr. Kuntz asked the applicant if they wished to withdraw the case and re-advertise for the next meeting to be heard before a full board.

It was requested by applicant to withdraw the case.

Case A-1486 withdrawn.

Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.

Richard Ciambrone, Acting Chairman

Washington Township Board of Zoning Appeals

BZA\Minutes\January 29, 2007