WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES

March 10, 2008

The Washington Township Board of Zoning Appeals met in regular session on March 10, 2008 in the Meeting Room of Washington Township Government Center. Members of the Board present were Mr. Horine, Mrs. Mulligan, Mrs. Fischer, Mrs. Fish and Mrs. Gastineau (as alternate). Mr. Schwartz 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 – Mrs. Fischer moved the minutes of February 25, 2008 be approved as submitted.

Motion seconded by Mrs. Mulligan.

VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, yes; Mrs. Gastineau, abstained.

Case A-1533 – The Vue, 1004 Miamisburg-Centerville Road

Request is for a variance in the required conditions of a Business (B-2) zoning district to allow for outdoor seating.

Andy Ehrhart , Zoning & GIS Manager, presented the case.

Applicant represented by Michael Botros, 8002 McEwen Road. Mr. Botros is the attorney for Sphere Investments, who is the owner of the property. They are trying to get past some of the impact that The Greene has had on the I675 corridor. They have spent $350,000 to repave and repair the parking lot. The outdoor seating allows them to compete with other nightclubs that offer this service. They have filed an application with the Liquor Department to expand out to the patio area. The reason to have only 4 tables at each corner is to keep access open to the front door. There will be no music except for ambiance music. There are no plans to do any additional signage. There will be come greenery around the outside of the fenced area. When they re-striped the parking area they ended up with more parking than they started with, which gave the opportunity for the patio areas.

Mr. Horine – The tables will seat how many people?

Mr. Botros – Each table will seat four people. They have not yet decided on either square or round tables, which ever will leave access to the front door.

Mrs. Fish – Will the tables have umbrellas?

Mr. Botros – They have not decided yet; however, if the tables do have umbrellas, they will be removable.

Mrs. Fish – What are the hours of operation?

Mr. Botros – The hours will be 3:00 p.m. to 2:30 a.m.

Mrs. Gastineau – How do the establishments at The Greene compete with this business?

Mr. Botros – There is outdoor seating availabl3e at The Greene establishments and they draw a crown for that service.

Mrs. Gastineau – What are the rules on smoking in relationship to the front door?

Mr. Botros – Is not aware of any setting a required distance.

Mr. Horine – It would seem that it would drive the non-smokers out of the patio area where there was smoking.

Mr. Botros – It may be that part of the area will be non-smoking. Without the experience of having outdoor seating, they do not know what the demand will be.

Mrs. Mulligan – Will the seating be of standard height?

Mr. Botros – Yes, the tables will not be bar height.

Citizens voicing concerns, question and comments included: None.

Public hearing closed.

Board remarks, concerns, and questions included:

Mr. Horine – Does not have an objection to things that might help keep businesses in the township.

Hearing closed.

Motion – Mrs. Mulligan moved in Case A-1533 to approve applicant’s request for a variance in the required conditions of a Business (B-2) zoning district to allow for outdoor seating, subject to: 1) seating limited to 20 people; and 2) advertising will not be permitted on the umbrellas.

Motion seconded by Mrs. Fischer.

VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, yes; Mrs. Gastineau, yes .

Case A-1533 approved with modifications.

In other business:

There was discussion on election of board officers. Mr. Horine indicated that nominations should be considered for Chairperson and Vice Chairperson.

MOTION – Mrs. Mulligan motioned to nominate Mrs. Fischer as Vice Chairperson.

Mrs. Fischer accepted the nomination.

VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, yes; Mrs. Gastineau, yes .

Mrs. Fischer is elected as Vice Chairperson.

The appointment of Chairperson will be made at the next Board of Zoning Appeals meeting where all regular board members are in attendance.

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

Dan Horine, Chairman

Washington Township Board of Zoning Appeals