WASHINGTON TOWNSHIP BOARD OF ZONING APPEALS MINUTES
January 30, 2006
The Washington Township Board of Zoning Appeals met in regular session on January 30, 2006 in the Meeting Room of Washington Township Government Center. Members of the Board present were: Mrs. Mulligan, Mrs. Fischer, Mr. Smith (as alternate) and Mr. Chifala (as alternate). Mr. Khouri, Mr. Horine and Mr. Dunn were excused.
Call to order at 7:00 p.m.
Mrs. Fischer explained the hearing format and voting procedure.
The Oath was administered by Mrs. Fischer.
Case A-1448 – Delphine A. Kaser, 1650 Alex-Bell Road
Request is for a variance in the front yard set back from the required one hundred feet (100’) to approximately fifty feet (50’) to allow for the future placement of a single family residence located in a Residential (R-1) zoning district.
Jack Kuntz , Zoning Inspector, presented the case.
Applicant represented by Mark Kaser, 1650 W. Alex-Bell Road.
Mrs. Fischer – Asked if the house that appears in the pictures that were presented is the house that will be built?
Mr. Kaser – Stated it will be very similar. Variances will be necessary; however, he will follow standards that are submitted.
Mrs. Mulligan – Questioned if the existing home is being refurbished?
Mr. Kaser – Yes.
Mrs. Mulligan – Are you presently living in the home?
Mr. Kaser – No.
Mrs. Smith – Asked if they looked at the cost of the engineering?
Mr. Kaser – Stated the engineer said the bridges cannot be build like the surrounding bridges anymore.
Mrs. Mulligan – Questioned if they are asking for a lot split?
Mr. Kaser – Not at this time.
Citizens voicing concerns, question and comments included:
Victor Smith, 1638 W. Alex Bell Road – Represents the owners behind the property. They oppose the set back change because the homes behind are priced in the million dollar range. Would like to keep the set backs for safety reasons.
Mrs. Mulligan – Asked Mr. Smith how many acres he owns?
Mr. Smith – 6.5 acres.
Mrs. Fischer – Asked Mr. Kuntz about the Montgomery County Sherrif’s Department report.
Mr. Kuntz – Stated that the sheriff’s department does have a concern, which is detailed in the staff report.
Mr. Kaser – Noted that this property is on the straight part of the street.
Mr. Kaser and Mr. Smith – Discussed the safety issue as well as the logistics of the project.
Public hearing closed.
Board remarks, concerns, and questions included:
Mr. Smith – Can understand both sides of the situation. The bridges are too expensive; however, he feels that fifty feet (50’) is too close for the speed limit of the street. Stated he is aware that the flood plain is there, but there are just some properties that just cannot be developed.
Mrs. Mulligan – Noted that the speed limit is 35mph.
Mr. Smith – Indicated that the board cannot look at the economics of the situation.
Mrs. Fischer – Felt there is a hardship in this case.
Mr. Smith – Disagreed due to the fact there is already a house located on the property.
Hearing closed.
Motion - Mr. Smith moved in Case A-1448 to deny applicant’s request for a variance in the front yard set back from the required one hundred feet (100’) to approximately fifty feet (50’) to allow for the future placement of a single family residence located in a Residential (R-1) zoning district.
Motion seconded by Mr. Chifala.
VOTE - Mrs. Mulligan, no; Mrs. Fischer, no; Mr. Smith, yes; Mr. Chifala, yes.
Case A-1448 denied, no action taken. Applicant has the option to re-apply for the requested variance due to the fact that a full Board was not present to vote on the request.
Case A-1450 – Willis Music Co., 990 Miamisburg-Centerville Road
Request is for conditional use approval to continue to locate a wall mural on the existing building located in a Special Use (SU) zoning district.
Jack Kuntz , Zoning Inspector, presented the case.
Applicant represented by Kevin Cranley, owner of Willis Music Co. Mr. Cranley presented his case to the Board.
Mr. Chifala – Noted that this case is intended for continuation of the mural and not for any changes.
Mr. Smith – Indicated that the Board can place a condition that the conditional use is valid as long as Willis Music Co. is located in this building.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included: None.
Hearing closed.
Motion - Mrs. Mulligan moved in Case A-1450 to approve applicant’s request for conditional use approval to continue to locate a wall mural on the existing building located in a Special Use (SU) zoning district, subject to: 1) the business remain in existence in this building at its present location.
Motion seconded by Mr. Smith.
VOTE - Mrs. Mulligan, yes; Mrs. Fischer, yes; Mr. Smith, yes; Mr. Chifala, yes.
Case A-1450 approved with modification.
Case A-1451 – Miles and Cathy Johnson, 6602 Imperial Woods Road
Request is for a variance to decrease the front yard set back from the required fifty feet (50’) to thirty-five feet (35’) for a single family residence located in a Special Use (SU) zoning district.
Jack Kuntz, Zoning Inspector, presented the case.
Applicant represented by Miles and Cathy Johnson, 3834 Westwind Drive, and Mike Means, Contractor, 6611 Imperial Woods Road.
Mrs. Mulligan – What is the value of the home?
Mr. Means – The value of the home is $320,000. The surrounding homes are valued at approximately $280,000.
Citizens voicing concerns, question and comments included:
Kevin Podd, 6606 Imperial Woods Road – Questioned why applicant changed the design?Mr. Smith – Stated that the design had not changed. Indicated that they changed their budget in order to be able to move the house back.
Mr. Podd – Questioned if the rear yard set backs meet the requirements?
Mr. Kuntz – Yes.
Kathryn Havemann, 6611 Imperial Woods Road – Has concerns with the quality of the land.
Mrs. Fischer – Questioned if we have comments on this.
Mr. Kuntz – Stated that engineering had given their approval.
Public hearing closed.
Board remarks, concerns, and questions included:
Mr. Smith – Would like to see a set back of forty feet (40’); however, feels the request is workable.
Hearing closed.
Motion - Mrs. Mulligan moved in Case A-1451 to approve applicant’s request for a variance to decrease the front yard set back from the required fifty feet (50’) to thirty-five feet (35’) for a single family residence located in a Special Use (SU) zoning district.
Motion seconded by Mr. Chifala.
VOTE - Mrs. Mulligan, yes; Mrs. Fischer, yes; Mr. Smith, yes; Mr. Chifala, yes.
Case A-1451 approved.
Case A-1452 – Jacqueline R. Curl, 5068 Chapin Street
Request is for a variance to decrease the side yard set back from the required twenty feet (20’) to five feet (5’) to allow for an accessory structure, located in a Single Family Residential (R-2) zoning district.
Jack Kuntz, Zoning Inspector, presented the case.
Applicant represented by Jacqueline Curl, 5068 Chapin Street.
Mrs. Mulligan – Asked if there is a garage?
Ms. Curl – Stated that it did have a one-car garage, but it has since been converted into a family room.
Mr. Smith – Stated that it is difficult to approve a variance without showing the placement of the garage. Would also like to see the conditions.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included: None.
Hearing closed.
Motion - Mr. Smith moved in Case 1452 to approve applicant’s request for a variance to decrease the side yard set back from the required twenty feet (20’) to five feet (5’) to allow for an accessory structure, located in a Single Family Residential (R-2) zoning district, subject to: 1) the building materials for the structure match the house; and 2) roof height of the structure is the same as the roof height of the house.
Motion seconded by Mrs. Mulligan.
VOTE - Mrs. Mulligan, yes; Mrs. Fischer, yes; Mr. Smith, yes; Mr. Chifala, yes.
Case A-1452 approved with modifications.
CASE A-1453 – Thomas E. Smith, 5847 Far Hills Avenue
Request is for approval of the use of concrete block in the exterior building materials for a new building located in a Business (B-2) zoning district.
Jack Kuntz, Zoning Inspector, presented the case.
Applicant represented by Donald Kiley, Architect, 581 S. Alpha, Bellbrook, Ohio.
The Board and architect discussed reasons for the concrete block.
Citizens voicing concerns, question and comments included: None.
Public hearing closed.
Board remarks, concerns, and questions included:
Mrs. Mulligan – Likes the project.
Mr. Smith – Concerned with what will happen with Midas in the future.
Mrs. Fischer – Did not feel comfortable changing the 65% brick or stone requirement if concrete block was being used as the building material.
Hearing closed.
Motion - Mr. Smith moved in Case 1453 to approve applicant’s request to reduce the 65% requirement of brick or stone in the exterior building materials for a new building located in a Business (B-2) zoning district, subject to: 1) the building material to be used will be split-face masonry block instead of concrete.
Motion seconded by Mr. Chifala.
VOTE - Mrs. Mulligan, yes; Mrs. Fischer, yes; Mr. Smith, yes; Mr. Chifala, yes.
Case A-1453 approved with modifications.
Meeting adjourned. A tape recording of this proceeding is on file in the Zoning office.
Cliff Khouri, Chairman
Washington Township Board of Zoning Appeals
BZA\Minutes\January 30, 2006