WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES
January 11, 2006
The Washington Township Board of Zoning Appeals met in special session on January 11, 2006 in the Meeting Room of Washington Township Government Center. Members of the Board present were: Mr. Khouri, Mr. Horine, Mrs. Mulligan, Mr. Dunn and Mrs. Fischer.
Call to order at 7:00 p.m.
Mr. Khouri explained the hearing format and voting procedure.
The Oath was administered by Mr. Khouri.
MOTION – Mr. Dunn moved the minutes of November 28, 2005 be approved subject to review of the court reporter’s transcript.
Motion seconded by Mr. Horine.
VOTE - Mr. Khouri, yes; Mr. Horine, yes; Mrs. Mulligan, yes; Mr. Dunn, yes; Mrs. Fischer, yes.
Case A-1449 – Beazer Homes, Social Row Road
Request is for multiple variances in the sign regulations for properties located in an Agricultural (A), Multiple Family Residential (R-5) and Business (B-2) zoning districts.
Jack Kuntz, Zoning Inspector, presented the case.
Applicant represented by Dave Montgomery, 2700 Kettering Tower, Dayton, Ohio and Dave Marshall, 10831 Meadowhawk, Dayton, Ohio. Mr. Montgomery gave an overview of the Villages of Winding Creek project. Mr. Marshall gave a slide presentation for the sign variances and the reasons behind the variances requested.
Mr. Khouri – Asked about the setbacks on SR48 and Social Row Road.
Mr. Marshall – Explained the sight distance issues as well as the speed limit issues.
Mr. Khouri – Asked about the trees in the right of way.
Mr. Kuntz – Indicated that it is a Public Works issue.
Mr. Horine – Asked about the possibility of changing the zoning from B-2 to Residential.
Mr. Marshall – Indicated that they had attempted to do just that and were denied.
Mr. Horine – Questioned if it was attempted to change the zoning of the entire area or did they try to change just the B-2 area?
Mr. Khouri – Indicated that even if that were the case, they would still need to request variances for two (2) signs.
Mr. Marshall – Shared pictures of different developments in the area with two separate entrance signs.
Mr. Horine – Questioned the possibility of either changing the letter size in the sign or putting “Winding Creek” instead of “Villages of Winding Creek”.
Mrs. Mulligan – Asked how many homes will be in the area?
Mr. Marshall – Stated there will be 300 homes in Washington Township and 748 homes in Clearcreek Township.
Mr. Montgomery concluded the presentation.
Mr. Horine – Noted and clarified that applicant would still be over 32 square feet if the letters were stretched out.
Mrs. Mulligan – Asked if the speed limit will be changed?
Mr. Marshall – Stated that the speed limit will remain the same. The State and County are satisfied with the current speed limit.
Citizens voicing concerns, question and comments included:
Nolan Graham, 222 & 262 E. Social Row Road – Stated that he was thoroughly impressed with the presentation. Mr. Graham stated that initially he was very negative regarding this development; however, he does like the sign package and the set backs off the road.
Mr. Khouri – Asked Mr. Graham if he was in favor of applicant’s proposal?
Mr. Graham – Yes.
Mary Graham, 222 & 262 E. Social Row Road – Requested additional information from applicant. Mrs. Graham stated that she does like the signs and feels they are doing better than previously.
Public hearing closed.
Board remarks, concerns, and questions included:
Mr. Horine – Stated that he does not object to the two (2) signs; however, he does have a problem wit the square footage of the signs.
Mrs. Fischer – Stated that she also is not in favor of the size of the signs.
Mrs. Mulligan – Feels that the signs are very balanced. Noted that Clearcreek Township has given their approval and feels that Washington Township shouldn’t change it.
Mr. Dunn – Stated he is in favor and is not bothered by the size.
Mr. Khouri – Agreed with Mr. Dunn. He does not feel that the variance is substantial. However, Mr. Khouri felt the applicant’s presentation lacked in addressing the safety issues.
Mr. Horine – Disagreed with how “substantial” is judged.
Mr. Khouri – Indicated that “substantial” is an objective opinion.
Mr. Horine – Has a concern for setting a precedent.
Mr. Dunn – Noted that requests are reviewed case by case. He also stated that the Board is here to make exceptions.
Mrs. Fischer – Indicated that each case is reviewed individually; however, this decision will come back.
Hearing closed.
Motion – Mr. Dunn moved in Case A-1449 to approve applicant’s request for a variance in the sign regulations to allow two free standing identification signs in an Agricultural (A) zoning district.
Motion seconded by Mr. Horine.
VOTE - Mr. Khouri, yes; Mr. Horine, yes; Mrs. Mulligan, yes; Mr. Dunn, yes; Mrs. Fischer, yes.
Case A-1449 approved in reference to the request for two free standing identification signs in an Agricultural (A) zoning district.
Motion – Mrs. Mulligan moved in Case A-1449 to approve applicant’s request for a variance in the sign regulations to allow an additional nine point eight (9.8) square feet for two free standing identification signs, which would bring the total square footage for each sign to forty-one point eight (41.8) square feet in an Agricultural (A) zoning district.
Motion seconded by Mr. Dunn.
VOTE - Mr. Khouri, yes; Mr. Horine, no; Mrs. Mulligan, yes; Mr. Dunn, yes; Mrs. Fischer, no.
Case A-1449 approved in reference to the request for an additional nine point eight (9.8) square feet for two free standing identification signs, which would bring the total square footage for each sign to forty-one point eight (41.8) square feet in an Agricultural (A) zoning district.
Motion – Mrs. Fischer moved in Case A-1449 to approve applicant’s request for a variance in the sign regulations to allow a free standing identification sign without a principle permitted use in a Business (B-2) zoning district.
Motion seconded by Mr. Dunn.
VOTE - Mr. Khouri, yes; Mr. Horine, yes; Mrs. Mulligan, yes; Mr. Dunn, yes; Mrs. Fischer, yes.
Case A-1449 approved in reference to the request for a free standing identification sign without a principle permitted use in a Business (B-2) zoning district.
Motion – Mrs. Mulligan moved in Case A-1449 to approve applicant’s request for a variance in the sign regulations to allow an additional nine point eight (9.8) square feet for a free standing identification sign, which would bring the total square footage of the sign to forty-one point eight (41.8) square feet in a Business (B-2) zoning district.
Motion seconded by Mr. Dunn.
VOTE - Mr. Khouri, yes; Mr. Horine, no; Mrs. Mulligan, yes; Mr. Dunn, yes; Mrs. Fischer, no.
Case A-1449 approved in reference to the request for an additional nine point eight (9.8) square feet for a free standing identification sign, which would bring the total square footage for the sign to forty-one point eight (41.8) square feet in a Business (B-2) zoning district.
Motion – Mr. Dunn moved in Case A-1449 to approve applicant’s request for a variance in the sign regulations to allow an additional nine point eight (9.8) square feet for one free standing identification sign, which would bring the total square footage for the sign to forty-one point eight (41.8) square feet in a Residential (R-5) zoning district.
Motion seconded by Mrs. Mulligan.
VOTE - Mr. Khouri, yes; Mr. Horine, no; Mrs. Mulligan, yes; Mr. Dunn, yes; Mrs. Fischer, no.
Case A-1449 approved in reference to the request for an additional nine point eight (9.8) square feet for one free standing identification sign, which would bring the total square footage for the sign to forty-one point eight (41.8) square feet in a Residential (R-5) zoning district.
Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.
Cliff Khouri, Chairman
Washington Township Board of Zoning Appeals