WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES
June 23, 2008

The Washington Township Board of Zoning Appeals met in regular session on June 23, 2008 in the Meeting Room of Washington Township Government Center.  Members of the Board present were Mr. Horine, Mrs. Mulligan, and Mr. Schwartz.  Mrs. Fischer and Mrs. Fish were 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.

Mr. Horine explained that there are only 3 members present to hear any cases.  He asked applicant if they were willing to proceed.

Marci Johannes, representative for Cubby Hole, stated they were willing to proceed.

Case A-1543 – Cubby Hole, 8011 McEwen Road

Request is for a variance to allow commercial activity to take place outside of the building (outdoor seating) located in a Business (B-2) zoned district.

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

Applicant represented by Marci Johannes, 30 Northbrook Court, Springboro.  Ms. Johannes addressed the Board and commented that there are other staged of approval for the outdoor seating, such as permits from the Liquor Control and Montgomery County Building Regulations.

Mr. Horine – Will you be able to enter the bar from the patio?
Ms. Johannes – There will be no entrance from the patio.  The patio will have to be entered from the bar.  The landlord indicated they want to have an aluminum fence in place.

Mr. Schwartz – How long have you been in operation?
Ms. Johannes – Stated that her husband has owned the business for 16 years.  The bar has been there since 1978.

Mr. Schwartz – Has the ban on smoking hurt the business?
Ms. Johannes – Significantly.

Ms. Johannes continued by saying that they planned on putting five (5) tables with six (6) chairs on the patio.  The tables will also have umbrellas.

Mr. Horine – Asked the applicant if they were going to pour a raised pad?
Ms. Johannes – They would like to.  They just received the quote on the concrete.

Mr. Ehrhart – Addressed the restrictions for advertising on umbrellas and fencing.
Ms. Johannes – Stated they would agree not to have any advertising.

Ms. Johannes – Indicated that they have spoken with the neighboring business and they are fine with the project.

Citizens voicing concerns, question and comments included:  None.

Board remarks, concerns, and questions included:

Mr. Schwartz – Feels it is customary for this use.

Mr. Horine – Wants a constant level.

There was discussion on fencing, the number of seats and tables and finishes.

Hearing closed.

Motion - Mr. Schwartz moved in Case A-1543 to approve applicant’s request for a variance to allow commercial activity to take place outside of the building (outdoor seating) located in a Business (B-2) zoned property, subject to:  1) the patio size to be approximately 540 square feet with no more than 6 tables, 2) a metal fence to be approved by the zoning staff; and 3) the area to be level with existing concrete.

Motion seconded by Mrs. Mulligan.

Case A-1543 approved with modifications.

VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mr. Schwartz, yes.

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

Dan Horine, Chairman
Washington Township Board of Zoning Appeals