WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES
April 14, 2008
The Washington Township Board of Zoning Appeals met in regular session on April 24, 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 (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 March 10, 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, yes.
MOTION – Mrs. Fish moved the minutes of March 24, 2008 be approved as submitted.
Motion seconded by Mrs. Fischer.
VOTE - Mr. Horine, abstain; Mrs. Mulligan, abstain; Mrs. Fischer, yes; Mrs. Fish, yes; Mrs. Gastineau, abstain.
Case A-1535 – Cindy Savage, 9130 Brandy Court
Request is for a variance to allow a swimming pool to be located in the defined front yard and fencing (up to six feet) to be located in the defined front yard located in a Planned Development Residential (PD-R) zoning district.
Andy Ehrhart, Zoning & GIS Manager, presented the case.
Applicant represented by Cindy Savage, 9130 Brandy Court. Ms. Savage addressed the Board and stated that if the fence around the pool were permitted to be four feet (4’), she would rather put up a four foot (4’) fence.
Mr. Horine – Asked Ms. Savage if she would like to amend the application for a four foot (4’) fence?
Ms. Savage – Yes. She would rather do a four foot (4’) fence.
Mrs. Fish – Asked who maintains the area to the mound?
Ms. Savage – Stated that she maintains the area.
Citizens voicing concerns, question and comments included: None.
Board remarks, concerns, and questions included: None.
Hearing closed.
Motion – Mrs. Fischer moved in Case A-1535 to approve applicant’s request for a variance to allow a swimming pool to be located in the defined front yard and fencing of four feet (4’) to be located in the defined front yard located in a Planned Development Residential (PD-R) zoning district.
Motion seconded by Mrs. Fish.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, yes; Mrs. Gastineau, yes.
Case A-1535 approved with modifications.
Case A-1536 – Laredos Mexican Restaurant, 1020 Miamisburg-Centerville Road
Request is for a conditional use approval to allow wall murals located in a Business (B-2) zoning district.
Andy Ehrhart, Zoning & GIS Manager, presented the case.
Applicant represented by Garibaldi Rodriguez, Laredos Mexican Restaurant, 1020 Miamisburg-Centerville Road. Mr. Rodriguez apologized to the Board for not obtaining approval for the murals prior to painting the murals.
Mr. Horine – Asked what was there before the murals were painted?
Mr. Rodriguez – Stated there were just windows.
Mr. Horine – How will the material weather?
Mr. Rodriguez – Indicated it will weather well. The material is designed for outdoor elements.
Mrs. Gastineau – Asked if the murals are hand-painted?
Mr. Rodriguez – Yes, they are hand-painted.
Mr. Horine – Concerned with how they will weather.
Mrs. Fischer – Suggested putting a time-limit on the variance.
Mr. Horine – Questioned whether it would be possible to place that type of condition on the variance.
Citizens voicing concerns, question and comments included:
Skip Schaffer, Schaffer Commercial Realty - Spoke in favor of the project.
Board remarks, concerns, and questions included: None.
Hearing closed.
Motion – Mrs. Fischer moved in Case A-1536 to approve applicant’s request for conditional use approval to allow wall murals located in a Business (B-2) zoning district, subject to: 1) staff monitoring the maintenance of the murals.
Motion seconded by Mrs. Gastineau.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, yes; Mrs. Gastineau, yes.
Case A-1536 approved with modification.
Case A-1537 – Hutchens Properties (Sonic Restaurant), 33 E. Whipp Road
Request is for the following variances: 1) to reduce the required setback from residential from two hundred feet (200’) to approximately eighty feet (80’) on the east side and seventy feet (70’) on the north side of the property; 2) allow the existing fence and proposed landscaping to be substituted for the required compact hedge of evergreens along the residential zoning boundaries of the property; 3) to allow outdoor dining and drive-in stalls; 4) the elimination of the required loading space; and 5) to allow a wall mounted sign to be located at a height of twenty-one feet (21’) instead of the maximum fourteen feet (14’). The applicant also requests the following conditional use approvals: 1) mural displays on the front and side of the building; and 2) additional menu boards at the drive-in stalls, outdoor dining area, and menu preview board. This property is located in a Business (B-2) zoning district.
Andy Ehrhart, Zoning & GIS Manager, presented the case.
Applicant represented by Brian Shirley, 1136 South Park Drive, Suite 201. Mr. Shirley addressed the Board and indicated that they will not be extending out past the existing curb line of the Pizza Hut site. The building is going to be moved further north but not the paved area. This is not a typical building in that it has a training area to the rear. This allows the order speaker to move around to the commercial side.
Mr. Horine – Stated that this will still be heard at the property line.
Mr. Shirley – Indicated there is an existing fence and their intention is to keep the fence and add additional evergreens. The outdoor seating requires a variance due to the language in the Zoning Resolution. He indicated there will be a menu board in the seating area as well as one in each drive up stall. Sonic has an after hours delivery program. The driver enters the building, restocks the product then locks up and leaves. The sign is located above the canopy for the drive-in window. This allows for visibility from Far Hills Avenue.
Mr. Horine – Asked what the height is of the canopy over the drive-thru?
Mr. Shirley – It is approximately fourteen feet (14’). Mr. Shirley reviewed the menu boards and murals, to minimize the teenager “hang out.”
Mrs. Fischer – How many outdoor dining spaces are there?
Mr. Shirley – There are eight (8) tables.
Mrs. Fischer – How many stalls?
Mr. Shirley – Twenty-one (21) stalls.
Mrs. Fischer – What are the hours of operation?
Mr. Shirley – The hours are 6:00 a.m. to 10:00 p.m.
Mrs. Gastineau – What other Sonic Restaurants are in the area?
Mr. Shirley – There are four (4) other in the Dayton area.
Mrs. Fish – Have you thought about the access to the site coming from the east?
Mr. Shirley – We have looked at access for this site and have a preliminary traffic study that access is acceptable.
Mrs. Fish – Stated that there seems to be a lot of traffic in this area
Mrs. Fischer – Asked if the applicant has given thought to the seasonal use of Seibenthaler’s, which is very heavy peak use.
Mr. Shirley – Stated there is no other property that can be dedicated for this area.
Citizens voicing concerns, question and comments included:
William Hammond, 5825 Terrace Park Drive – Concerned with the sign height. Stated that the Resolution has been nicely enforced and this is quite a variance. Also concerned with lighting and noise. He has also observed traffic congestion in front of this site. It would be nice to get the dumpsters picked up at an appropriate time.
Lowell Chapman, 5860 Terrace Park Drive – There is a fire station on the other side of the intersection. The hours of operation are a concern. Glad that the fences would remain in place; however, the 21 speakers may pose a nuisance. Questioned if the residents have a say?
Jean DeWitt, 115 E Whipp Road – Stated that the traffic on Far Hills Avenue and Whipp Road have increased greatly. Asked if applicant was going to widen Whipp Road? Stated that she has seen emergency equipment attempting to navigate the intersection and they are having a difficult time. This project would add more traffic.
Mr. Shirley – Responded by stating that traditionally the Sonic will not generate more traffic than an active Pizza Hut. It is just spread out over time. The existing access point is at the best location that we can have it at.
Mrs. Gastineau – Asked the applicant to address the lighting.
Mr. Shirley – Stated they will submit a lighting plan.
Rick Fee, 4772 Fawnwood, Sonic Representative – The question is related to automobiles. The average is 300 customers per day spread out over the day, 30% of which are for breakfast.
Mrs. Fish – Is it higher seasonally?
Mr. Fee – Yes.
Mrs. Fish – Would you allow teenagers to hang out on the property?
Mr. Fee – We would not allow it.
Mrs. Fischer – Has a concern that if approved the business would not be successful and left.
Pat Pauly, 85 E. Whipp Road – Has the same concerns mentioned earlier. Safety with all of the traffic is an issue.
John McKeon, GZK (owner of Arby’s), 660 Fame Road – Stated that there are two things to address. If the Sonic Restaurant does not do any more business than the Pizza Hut then the Sonic Restaurant is in trouble. Both Sonic and Arby’s are sandwich businesses and the lunch period is the busiest time of the day.
Board remarks, concerns, and questions included:
Mr. Horine – Stated he has concerns with the setback variances, which are substantially different than what is there. Likes the fence as a landscape alternative. Also concerned with outdoor dining component. Has been to other Sonics and they have businesses on both sides, not next to residential.
Hearing closed.
Motion - Mrs. Fischer moved in Case A-1537 to deny applicant’s request for a variance to reduce the required setback from residential from two hundred feet (200’) to approximately eighty feet (80’) on the east side and seventy feet (70’) on the north side of the property located in a Business (B-2) zoning district.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mrs. Fischer, yes; Mrs. Fish, yes; Mrs. Gastineau, yes.
Case A-1537 denied the requested variance to reduce the required setback.
Motion - Mrs. Fischer moved in Case A-1537 to deny applicant’s request for a variance to allow outdoor dining and drive-in stalls on property located in a Business (B-2) zoning district.
Motion seconded by Mrs. Gastineau.
VOTE - Mr. Horine, yes; Mrs. Mulligan, no; Mrs. Fischer, yes; Mrs. Fish, yes; Mrs. Gastineau, yes.
Case A-1537 denied the requested variance to allow outdoor dining and drive-in stalls.
Mr. Shirley – Requested that the remainder of the variances requested be withdrawn.
Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.
Dan Horine, Chairman
Washington Township Board of Zoning Appeals