WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES
May 11, 2009
The Washington Township Board of Zoning Appeals met in regular session on May 11, 2009 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 asked the applicants if there were any objections to having 3 board members present to hear their case.
There were no objections.
MOTION – Mr. Schwartz moved the minutes of April 13, 2009 be approved as submitted.
Motion seconded by Mr. Horine.
VOTE - Mr. Horine, yes; Mrs. Mulligan, abstain; Mr. Schwartz, yes.
MOTION – Mrs. Mulligan moved the minutes of April 27, 2009 be approved as submitted.
Motion seconded by Mr. Horine.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mr. Schwartz, abstain.
Case A-1570 – Township Square Associates, Ltd.
Request is for a variance to allow a sign on property located in a Special Use District.
JoEllen Scott, Deputy Administrator, presented the case.
Applicant represented by Tom Gunlock, 8163 Old Yankee Road. Mr. Gunlock stated the requested variance is for one sign at the existing Township Square location. The sign would be the same size as the existing sign.
Mr. Horine – Stated a concern about the visibility of the sign with a message.
Mr. Gunlock – Lyons Road is where the message will be seen best. He understands that it will be difficult to read from SR725. Indicated that they may lower the associated landscaping to alleviate the problem.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included:
Mr. Horine – Felt that the variance is a reasonable request.
Mr. Schwartz – Stated that he has no issues this the variance requested.
Hearing closed.
Motion – Mrs. Mulligan moved in Case A-1570 to approve applicant’s request for approval for a sign on property located in a Special Use District.
Motion seconded by Mr. Schwartz.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mr. Schwartz, yes.
Case A-1570 approved.
Case A-1571 – Sharon Hoefer, 8873 Clyo Road
Request is for a variance to increase the height of a fence to eight feet (8’) on property located in an Agricultural (A) zoning district.
JoEllen Scott, Deputy Administrator, presented the case.
Applicant represented by Sharon Hoefer, 2670 Centerville Station Road. Mrs. Hoefer stated that they want privacy from 8873 Clyo Road which is located next door and has a higher grade. They want to block the view of their children as the owner to the south is a registered sex offender. The screening between the properties has been removed. They need an 8 foot height due to the higher elevation of the neighbor’s house and their picture window area.
Mr. Horine – Asked if they did a test view of what a 6’ fence would block?
Mrs. Hoefer – Stated that she is not sure how to conduct that type of test?
Mr. Schwartz – Suggested setting poles at the desired height and then check the view. Asked what type of fence they are putting up.
Mrs. Hoefer – It will be a wood privacy fence.
Mr. Horine – Asked how much area is located between the drive and the south property line?
Mrs. Hoefer – Not much. They plan on keeping the fence as close to the driveway as possible.
Mr. Horine – Asked if they considered the use of landscaping?
Mrs. Hoefer – Indicated that there was some landscaping. It was removed by the owner. Also, landscaping takes too long to grow.
Mrs. Mulligan – Are there any plans or prices on the fence?
Mrs. Hoefer – No. We are waiting for board approval. She stated that it would be a standard privacy plank fence with minimum spacing between the planks.
Citizens voicing concerns, question and comments included:
David Steele, 8905 Clyo Road – Stated that he has no issues with putting up a fence. They took down the lilac bush that was growing wild. Mr. Steele feels that the fence should be in compliance with the existing township regulations for fences and not be placed toward the road creating a visibility issue. They understand why an 8’ fence is necessary.
Mr. Horine – Indicated to Mr. Steele that applicant would not be allowed to bring the 8’ fence in front of the house.
Cathy Steele, 8905 Clyo Road – Indicated to Mr. Horine that is not the visibility they are talking about. Our house is located such that a 6’ fence should be sufficient.
Mr. Horine – Said that he is familiar with the area and noted a pole barn that is located closer to the subject house and the house sits behind that.
Mrs. Steele – they do see kids playing in the drive but that is all that is visible.
Mrs. Hoefer – Concerned with them looking in our house, not vice versa. Concerned with the son of The Steeles, not them.
Mrs. Steele – Stated that their son is temporarily living at the residence but won’t be living there permanently. He has paid for his mistakes and has had no further issues.
Public hearing closed.
Board remarks, concerns, and questions included:
Mr. Schwartz – Doesn’t feel that applicant has shown that an 8’ fence will serve its purpose. A 6’ fence would take care of the drive issue.
Mr. Horine- Also is unclear whether an 8’ fence would achieve the goal of screening of the house.
Hearing closed.
Motion – Mr. Schwartz moved in Case A-1571 to approve applicant’s request for a variance to increase the height of a fence to eight feet (8’) on property located in an Agricultural (A) zoning district.
Motion seconded by
VOTE - Mr. Horine, no; Mrs. Mulligan, no; Mr. Schwartz, no.
Case A-1571 denied.
Case A-1572 – Thomas Bednarczyk, dba Gardenland
Request is for a variance to extend outdoor sales beyond the June 20th ending date in a Special Use (SU) zoning district located at 518-588 Miamisburg-Centerville Road, the Home Center Shopping Center.
JoEllen Scott, Deputy Administrator, presented the case.
Applicant represented by Tom Bednarczyk, 1005 Steven Circle, New Carlisle. Mr. Bednarczyk addressed the board and indicated that the zoning inspector suggested submitting photos of the establishment for credibility and professional operation. He said that the selling season and planting season have changed where June 20th is too early to stop. He indicated he will keep the location clean and professional through the extended season. The fall season is a nice time for planting as well so he wants to take advantage of that as well as the holidays, perennial planting, mums, pumpkins, etc.
Mr. Horine – Asked about a permanent location for his business.
Mr. Bednarczyk – Would like to have one at the Home Center Shopping Center.
Mr. Horine – That would require operation on the property, not just setting up in the parking lot. Stated that the variance is substantial and the board is obligated to uphold the resolution.
Mr. Bednarczyk – Stated that he has been in the business for 30 years. In the past, June 1st was the finish of the season. He stated that it is not that way any longer.
Mrs. Mulligan – Asked the applicant if he has investigated purchasing the site?
Mr. Bednarczyk – Indicated that the location is a trail to see how they are accepted here in the community and the location.
Mrs. Mulligan – How long would it be to make that decision?
Mr. Bednarczyk – He is using this year as a pilot.
Mrs. Mulligan – Will you then consider a permanent location?
Mr. Bednarczyk – Yes.
Mr. Schwartz – Are you just asking for this summer extension?
Mr. Bednarczyk - Yes.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included:
Mr. Schwartz – Concerned that it is a substantial change from the resolution. He does not feel they have the authority to make an extension to that degree.
Mr. Horine – Stated it would not bother him if the resolution was changed; however, he is not comfortable doing it for this case.
Mrs. Mulligan – Expressed that she does not have a problem with granting the extension as a trial period for a possible permanent location. Questioned the option of granting an extension to something less than October.
Mr. Horine – Noted that they have approved 30-day extension in the past.
Hearing closed.
Motion – Mr. Schwartz moved in Case A-1572 to approve applicant’s request for a variance to extend outdoor sales beyond the June 20th ending date to October 20th on property located in a Special Use (SU) zoning district at 518-588 Miamisburg-Centerville Road, the Home Center Shopping Center.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Horine, no; Mrs. Mulligan, yes; Mr. Schwartz, no.
Case A-1572 denied.
Case A-1573 – Bob & Lynne Gayler, 803 Oglethorpe Ct.
Request is for a variance to increase the height of a fence to five feet (5’) located in the front yard of property located in a Residential (R-4) zoning district.
JoEllen Scott, Deputy Administrator, presented the case.
Applicant represented by Kent Sholder, Grunder Landscaping. Mr. Sholder addressed the board and indicated they are installing a lot more landscaping and improvements to the property. He presented the landscape plan for board members to review.
Mr. Horine – Understands that they want a 5’ height for safety reasons.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included:
Mr. Horine – Stated that they have granted similar variances, particularly with wrought iron fences. The property is on the cul-de-sac side of the property and is also more acceptable than on a major roadway.
Hearing closed.
Motion – Mr. Schwartz moved in Case A-1573 to approve applicant’s request for a variance to increase the height of a fence to five feet (5’) located in the front yard of property located in a Residential (R-4) zoning district, subject to: 1) the fence be made of wrought iron and the location as shown on plans submitted.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Horine, yes; Mrs. Mulligan, yes; Mr. Schwartz, yes.
Case A-1573 approved with modifications.
Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.
Dan Horine, Chairman
Washington Township Board of Zoning Appeals