WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES
January 28, 2008
The Washington Township Board of Zoning Appeals met in regular session on January 28, 2008 in the Meeting Room of Washington Township Government Center. Members of the Board present were Mr. Horine, Mrs. Mulligan, Mrs. Fish and Mr. Schwartz. Mrs. Fischer was excused.
Call to order at 7:00 p.m.
Mr. Horine explained the hearing format and voting procedure.
The Oath was administered by Mr. Horine.
MOTION – Mr. Schwartz moved the minutes of December 10, 2007 be approved as submitted.
Motion seconded by Mrs. Fish.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fish, yes; Mr. Schwartz, yes.
CASE A-1524 – Normandy West, 507 Miamisburg-Centerville Road
Request is for a variance to allow for a projecting sign to identify a rear tenant space located in a B-2 zoning district.
Andy Ehrhart , Zoning & GIS Manager, presented the case.
Applicant represented by Kirk Himmelberg, 10733 Creek Stone Court. Mr. Himmelberg indicated his business has been in the township for 23 years and has another nightclub in Louisville, Kentucky, so he is very familiar with nightclub business. Normandy West has offered the right terms and the nightclub would occupy the space. The nightclub in Kentucky is 11,000 square feet. The design of the sign is 6’ x 6’ and would not extend much past the curb. The club would not open until 9:00 p.m. and would not serve food. Atmosphere would be a dance club.
Mrs. Fish – Who is the target market?
Mr. Himmelberg – The club plays Top 40 music targeting the 21-35 year-old age group.
Mrs. Mulligan – Do you advertise?
Mr. Himmelberg – Yes. They have partnered with FM 94.5 radio station and the audience needs to know where the club is located.
Mr. Schwartz – The sign is currently 6’ x 6’?
Mr. Himmelberg – Yes.
Mr. Schwartz – Would the sign still start at eleven feet (11’)?
Mr. Himmelberg – No. It would start at eight feet (8’) and extend up to fourteen feet (14’).
Mr. Himmelberg stated that if they occupy the Blockbuster space they would open up a live music club in the front and would need additional signage for that. The sign being proposed would move over onto the building.
Citizens voicing concerns, question and comments included: None.
Board remarks, concerns, and questions included:
Mrs. Fish – Would like to see something come in that would work.
Mrs. Mulligan – Would like to see businesses that are viable and active.
Mr. Horine – Is sympathetic to the number of establishments that have come and gone.
Hearing closed.
Motion – Mr. Schwartz moved in Case A-1524 to approve applicant’s request for a variance to allow for a projecting sign to identify a rear tenant space located in a B-2 zoning district, subject to: 1) the 6’ x 6’ sign having posts placed in the roadway to prevent anyone from driving under the sign.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fish, yes; Mr. Schwartz, yes.
Case A-1524 approved with modifications.
CASE A- 1525 – Thomas Roesle, 72 Tranquil Trail
Request is for a variance to reduce the side yard setback for an accessory structure in the front half of the rear yard from the required fifteen feet (15’) to five feet (5’) located in a Residential (R-4) zoning district.
Andy Ehrhart , Zoning & GIS Manager, indicated the case has been tabled.
Case A-1525 tabled.
Case A-1526 – Joseph Brown, 8493 Maltbie Road
Request is for a variance to allow for an accessory structure to be located in the front yard (based on corner lot) located in a Residential (R-2) zoning district.
Andy Ehrhart , Zoning & GIS Manager, presented the case.
Applicant represented by Joseph Brown, 8493 Maltbie Road. Mr. Brown reviewed and presented elevations. The building materials were reviewed and Mr. Brown indicated he could consider brick or stone and shingled to match the house. He would also consider reducing the size down to fifty feet (50’).
Mrs. Fish – Asked if it would be an office?
Mr. Brown – No. It is just to store the truck/trailer and a bobcat.
Mrs. Fish – Would you have to grade the back?
Mr. Brown – Yes, just the back.
Mr. Horine – Are you planning to put a driveway to the building?
Mr. Brown – There is currently a gravel area to be used.
Mr. Horine – Concerned with it looking like a landscape place and looking beat up.
Mr. Schwartz – Feels that the building would be an improvement.
Citizens voicing concerns, question and comments included:
Bill Brigden, 8500 Maltbie Road – Stated that if the house were not on a corner lot, Mr. Brown would not have to request a variance. Mr. Brigden spoke in favor of the project. Mr. Brown is placing the structure on the lowest point on his lot where it would be less intrusive.
Board remarks, concerns, and questions included: None.
Hearing closed.
Motion – Mrs. Fish moved in Case A-1526 to approve applicant’s request for a variance to allow for an accessory structure to be located in the front yard (based on corner lot) located in a Residential (R-2) zoning district, subject to: 1) the elevations submitted to the Board be used; and 2) building materials to be used match the existing home.
Motion seconded by Mr. Schwartz.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fish, yes; Mr. Schwartz, yes.
Case A-1526 approved, with modifications as submitted.
Case A-1527 – Russell Cramer, 5524 Brampton Road
Request is for an administrative appeal of the Zoning Inspector for his decision of a recreational vehicle dated December 11, 2007.
Andy Ehrhart , Zoning & GIS Manager, presented the case.
Applicant represented by Russ Cramer, 5524 Brampton Road. Mr. Cramer addressed the Board and reviewed Section 13-19 of the Zoning Regulations. Mr. Cramer read where the regulations read semi tractors and/or trailers. Section 18 talks about recreational vehicles and that is what his trailer is. Mr. Cramer stated he travels and races his cars. He does 15 to 22 events per year as a hobby and stated this is purely an amateur endeavor. Mr. Brown stated he stores his cars in the trailer over the winter. He also uses his trailer to take the cars in for maintenance. The trailer is a standard-sized trailer and can haul two (2) cars. This is what he does for fun.
Mrs. Fish – Does the trailer have any living quarters in it?
Mr. Cramer – No, not built in.
Mrs. Mulligan – What is the length of the trailer?
Mr. Cramer – With the truck, it is about sixty feet (60’) long.
Mr. Cramer indicated he has spoken with the neighbor next door and he does not have a problem with the trailer.
Mrs. Mulligan – Asked how long he has owned the trailer?
Mr. Cramer – Approximately 12 years. He acquired it in 1995.
Citizens voicing concerns, question and comments included:
Kathy Wallace, 6466 Sweet Briar Lane – Would like to comment on the situation of the recreational vehicles. She stated that there are more of these trailers being used for recreational purposes. They use their trailer from about April through October and the car is stored in-between seasons.
Board remarks, concerns, and questions included:
There was general discussion of the Washington Township Zoning Resolution regarding recreational vehicles, prohibited uses and definitions.
Hearing closed.
Motion – Mr. Schwartz moved in Case A-1527 to deny applicant’s request to reverse the decision of the Zoning Inspector of a recreational vehicle dated December 11, 2007.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fish, no; Mr. Schwartz, yes.
Case A-1527 denied.
Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.
Dan Horine, Chairman
Washington Township Board of Zoning Appeals