WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES
February 26, 2007
The Washington Township Board of Zoning Appeals met in regular session on February 26, 2007 in the Meeting Room of Washington Township Government Center. Members of the Board present were Mrs. Mulligan, Mr. Ciambrone, Mrs. Gastineau (as alternate) and Mr. Gross (as alternate). Mr. Khouri, Mr. Horine, and Mrs. Fischer 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.
Case A-1487 – Walt Hibner, Oberer Thompson, Divided Ridge, Ltd., Sheehan Road
Request is for conditional use approval to permit a daycare center in a Planned Development Residential (PD-R) zoning district.
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.
There were no objections to Mrs. Mulligan hearing this case.
Jack Kuntz , Zoning Inspector, presented the case.
Applicant represented by Walt Hibner, 4197 Research Boulevard, Kettering; and Greg Smith, 2200 E. River Road, Dayton. Mr. Smith gave an overview of the Washington Trace development. Mr. Hibner gave an overview of the actual daycare, building and floor plan.
Mrs. Mulligan – Asked if the daycare is being promoted in the development brochures?
Mr. Smith – Yes, in a similar way, but not the detail that is shown here.
Mr. Hibner – Added the owners are presently owners of Centerville Child Development Center.
Mrs. Gastineau – Questioned if a traffic light will be installed at Sheehan Road and Social Row Road.
Mr. Smith – Went into the details of the Austin Road/I75 interchange.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included: None.
Hearing closed.
Motion – Mr. Gross moved in Case A-1487 to approve applicant’s request for conditional use approval to permit a daycare center in a Planned Development Residential (PD-R) zoning district.
Motion seconded by Mrs. Mulligan.
VOTE - Mrs. Mulligan, yes; Mrs. Gastineau, yes; Mr. Gross, yes.
Case A-1498 approved.
Case A-1488 – Lance Baker/Spiro and Pat Karabalis, 1651 W. Alex-Bell Road
Request is for a variance to decrease the rear yard set back from the required sixty feet (60’) to fifty feet (50’) to allow for a new single family residence, located in a Single Family Residential (R-3) zoning district.
Jack Kuntz , Zoning Inspector, presented the case.
Applicant represented by Nick Zois, 1624 Stafford Springs Place, Builder/Developer. Mr. Zois detailed the reasons for the requested variance. Mr. Zois also reviewed the building materials to be used for the 4,200 square foot residence.
Citizens voicing concerns, question and comments included:
Frank Bonanno, 1797 Kylemore Court – Stated he is the neighbor behind 1661 W. Alex-Bell Road. He feels the residence is a nice house; however, he would like the Board to deny the variance and maintain the zoning requirements for the area.
Mr. Ciambrone – Asked Mr. Bonanno is he felt an additional ten feet (10’) will affect his privacy?
Mr. Bonanno – Yes.
Mrs. Mulligan – Questioned Mr. Bonanno if he felt the house at 1661 W. Alex-Ball impacted his own property more than what he thought?
Mr. Bonanno – Yes.
Mr. Gross – Asked Mr. Bonanno if his property connects in any way to applicant’s property?
Mr. Bonanno – Indicated to the Board the location of his property on the zoning map.
Mrs. Gastineau – Questioned if the variance for the previous house was for a covered porch?
Mr. Kuntz – No. The variance requested was for a breakfast nook on the house.
Mr. Ciambrone – Did the developer attempt to reconfigure the house on the lot?
Mr. Zois – Yes.
Mrs. Mulligan – What will the distance be from the new house to Mr. Bonanno’s house?
Mr. Bonanno – Stated he did not know.
Mr. Zois – Stated the house will be approximately 100’ to 200’ from Mr. Bonanno’s property. He indicated they had walked off the distance.
Mr. Gross – Asked if the neighbor to the rear of the property voiced any objections?
Mr. Kuntz – No. They had been notified of the requested variance.
Public hearing closed.
Board remarks, concerns, and questions included:
The Board had discussion of the case.
Hearing closed.
Motion – Mrs. Mulligan moved in Case A-1488 to approve applicant’s request for a variance to decrease the rear yard set back from the required sixty feet (60’) to fifty feet (50’) to allow for a new single family resident, located in a Single Family Residential (R-3) zoning district.
Motion seconded by Mr. Gross.
VOTE - Mrs. Mulligan, yes; Mr. Ciambrone, yes; Mrs. Gastineau, yes; Mr. Gross, yes.
Mr. Ciambrone – Stated reasons for the approval. There was a precedent set forth two years ago when the Board granted a similar variance request to the next door neighbor. The present request is only for a covered porch area and the new house is 150’ to 200’ from the concerned neighbor’s house. The Board does not feel the new house would realistically affect Mr. Bonanno’s enjoyment of his property.
Case A-1488 approved.
Case A-1489 – Wasson Music Center, 35 Marco Lane
Request is for a variance to reduce the number of required parking spaces from the legal non-conforming twenty-two (22) existing parking spaces to nineteen (19) parking spaces for a business located in a Business (B-2) zoning district.
Jack Kuntz , Zoning Inspector, presented the case.
Applicant represented by Carol Wasson, 35 Marco Lane. Ms. Wasson discussed why she originally purchased the property. She discussed the problems they have encountered with the property due to the fact that it is land locked.
Mr. Ciambrone – Asked how many spaces remain to the rear of the property?
Ms. Wasson – Five (5) spaces.
Mr. Ciambrone – Where are the cars parked during peak hours?
Ms. Wasson – There has never been a problem with parking.
Mr. Gross – Concerned about the traffic flow between the new business and the street.
Ms. Wasson – Stated the developer will address his concern.
Mrs. Mulligan and Ms. Wasson discussed the size of the easement.
Russ Sweetman, Sr., 2100 Pelwood Drive, Centerville, Developer – Addressed the Board and presented drawings of the prospective new business on the property in the back. Mr. Sweetman also discussed the landscaping business with the Board.
Mrs. Gastineau – Questioned if any of the trees on the site will remain?
Mr. Sweetman – Stated the scrub trees will be removed; however, the mature trees on the property will remain.
Mr. Sweetman – Further discussed the drawings and the plans.
Mr. Ciambrone and Mr. Kuntz – Discussed the comments from the fire department.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included: None.
Hearing closed.
Motion – Mrs. Mulligan moved in Case A-1489 to approve applicant’s request for a variance to reduce the number of required parking spaces from the legal no-conforming twenty-two (22) existing parking spaces to nineteen (19) parking spaces for a business located in a Business (B-2) zoning district.
Motion seconded by Mrs. Gastineau.
VOTE - Mrs. Mulligan, yes; Mr. Ciambrone, yes; Mrs. Gastineau, yes; Mr. Gross, yes.
Case A-1489 approved.
Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.
Richard Ciambrone, Acting Chairperson
Washington Township Board of Zoning Appeals
BZA\Minutes\February 26, 2007